Arkansas Administrative Code

8 CAR § 80-320. Transfer of trust fund eligibility. (a) An owner or operator determined to be eligible for reimbursement of corrective action for a release from a qualified storage tank may transfer the eligibility to a subsequent owner or operator of the qualified storage tank i…

8 CAR § 80-321. Reimbursement to lender or secured creditor. (a) A lender or secured creditor that holds ownership in a storage tank primarily to protect a security interest on the storage tank or the facility where it is located, or both, is eligible for reimbursement for correc…

8 CAR § 80-401. Purpose. (a) In accordance with the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq., eligible owners, operators, or third parties may obtain partial payment for valid compensatory damage claims caused by accidental releases from qualified pe…

8 CAR § 80-402. Trust fund eligibility. (a)(1) Every owner or operator of an underground petroleum storage tank system is required by 40 C.F.R. § 280.93 to demonstrate financial responsibility for compensating third parties for bodily injury and property damage caused by accident…

8 CAR § 80-403. Trust fund coverage for a release. (a) For an owner or operator to obtain third-party coverage by the Petroleum Storage Tank Trust Fund for a release, the following requirements must be met: (1) At the time of the discovery of the release, the owner or operator mu…

8 CAR § 80-404. Trust fund coverage for unknown petroleum storage tanks. (a) Unknown petroleum storage tanks that have satisfied the requirements of 8 CAR § 80-408(c) shall be eligible for reimbursement for third-party claims as provided by this section if: (1) The unknown petrol…

8 CAR § 80-405. Notice requirements. (a)(1) The owner or operator shall give written notice to the Division of Environmental Quality of any potential third-party claim within thirty (30) days of his or her knowledge of the potential claim. (2) The notice required by subdivision (…

8 CAR § 80-406. Amount of payment. (a) The Petroleum Storage Tank Trust Fund will reimburse eligible owners or operators of storage tanks for compensating third parties, or will provide payment to third parties for compensatory damages caused by accidental releases in an amount n…

8 CAR § 80-407. Deductible. (a) The first seven thousand five hundred dollars ($7,500) of costs incurred by the owner or operator for third-party compensatory damage claims for an occurrence shall be considered a deductible and is not eligible for reimbursement from the Petroleum…

8 CAR § 80-408. Applying for payment of third-party claims. (a) To apply for payment of a third-party claim, an owner or operator must meet the requirements for coverage set forth in 8 CAR § 80-403 and meet the application requirements of either: (1) Subsection (c) of this sectio…

8 CAR § 80-409. Third-party claim review. (a)(1) Before commencing a substantive review of a third-party claim, the Division of Environmental Quality shall determine whether the release meets the requirements of 8 CAR § 80-403 for third-party coverage by the Petroleum Storage Tan…

8 CAR § 80-410. Reasonable claims. (a) Third-party claims that have been reduced to judgment and for which payment is requested under 8 CAR § 80-408(c) shall be presumed reasonable under this subpart. (b) All settled third-party claims for which payment is requested under 8 CAR §…

8 CAR § 80-411. Allowable claims. (a) Only claims for compensatory damages, as the term is defined by this part, caused by an accidental release from a qualified storage tank are considered allowable under this subpart. (b) A payment shall not be made under this subpart for any i…

8 CAR § 80-412. Records. (a) Any owner or operator participating in the Petroleum Storage Tank Trust Fund shall maintain the following records and submit them or make them available to the Division of Environmental Quality upon request: (1) Evidence of current financial responsib…

8 CAR § 80-413. Audits. (a) The Director of the Division of Environmental Quality may cause audits to be performed as necessary to ensure that claims, for which payment is sought or has been made, were in fact reasonable and allowable. (b) The audits may be performed by the Divis…

8 CAR § 80-414. Cost recovery. (a) The Division of Environmental Quality may initiate proceedings against any owner or operator of a petroleum storage tank system or third-party claimant for recovery of moneys that were solicited and received from the Petroleum Storage Tank Trust…

8 CAR § 80-415. Trust fund availability. (a)(1) All claims for payment submitted under this subpart are subject to the availability of moneys in the Petroleum Storage Tank Trust Fund. (2) Nothing in this part shall be construed to create a permanent entitlement to moneys in the t…

8 CAR § 80-416. Obligation to comply. (a) Eligibility of an owner or operator for the Petroleum Storage Tank Trust Fund shall not preclude the Division of Environmental Quality’s taking any appropriate enforcement action. (b) Nothing in this subpart shall affect the liability or …

8 CAR § 80-417. Transfer of trust fund eligibility. (a) An owner or operator determined to be eligible for payment of third-party claims for a release may transfer the eligibility to a subsequent owner or operator if the Division of Environmental Quality determines that the subse…

8 CAR § 80-501. Purpose. The purpose of this subpart is to provide for the regulation of persons installing, repairing, upgrading, and closing underground storage tank systems that contain regulated substances to assure that the systems are installed, repaired, upgraded, and clos…

8 CAR § 80-502. Definitions. The following definitions, in addition to the definitions in Subpart 1 of this part, apply to this subpart: (1) “Closing” or “closure” means the process of removing and disposing of or closing in place an underground storage tank system; (2) “Contract…

8 CAR § 80-503. Applicability. (a) This subpart applies to all persons who install, repair, upgrade, or close underground storage tank systems in Arkansas, including officers or employees of owners or operators, except as provided in subsections (b) and (c) of this section. (b) T…

8 CAR § 80-504. General requirements. (a)(1) A person shall not install, repair, upgrade, or close underground storage tank systems in Arkansas unless the person is, or employs, an individual who is licensed by the Division of Environmental Quality to perform the work. (2) A pers…

8 CAR § 80-505. Surety requirement. (a) A person shall not install, repair, close, or upgrade any underground storage tank system unless that person or the contractor by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond in the amount of at lea…

8 CAR § 80-506. Notification requirement. (a) For any installation or upgrade, the individual or contractor shall notify the Division of Environmental Quality at least one (1) week prior to the beginning of the second critical juncture as described in 8 CAR § 80-502(3)(A)(ii) and…

8 CAR § 80-507. Contractor licensing. (a) An applicant for a contractor’s license must meet all of the following requirements to be licensed by the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the division,…

8 CAR § 80-508. Individual licensing. (a) An applicant for an individual license must meet all of the following requirements to receive a license from the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the di…

8 CAR § 80-509. Contractor/individual licensing. (a) A person who is seeking to be both the contractor and the sole licensed individual exercising supervisory control, as required by 8 CAR § 80-507(a)(6), under that contractor’s license need only pay the contractor licensing fee …

8 CAR § 80-510. Experience requirements. To qualify for an individual license under 8 CAR § 80-508, an applicant must demonstrate that he or she has had, within the three (3) years immediately prior to making the application, one (1) year of field experience in installation, repa…

8 CAR § 80-511. Licensing examination. (a) To qualify for an individual license under 8 CAR § 80-508, an applicant shall pass a written examination covering all aspects of the installation, repair, upgrade, or closure of underground storage tank systems. (b)(1) At the time an app…

8 CAR § 80-512. Renewal of licenses, lapsed licenses, and reinstatement. (a) Any license issued under 8 CAR § 80-507 or 8 CAR § 80-508 must be renewed every two (2) years. (b)(1) At least thirty (30) days before the expiration date of a license, the Division of Environmental Qual…

8 CAR § 80-513. Reciprocity and provisional certificate. (a)(1) The Division of Environmental Quality shall issue a contractor license to an applicant who holds a comparable contractor license that is substantially similar to practice in the field of his or her occupation in anot…

8 CAR § 80-514. Denial of licenses. (a) A license required by this subpart shall not be issued or renewed if the applicant for issuance or renewal fails to meet any of the applicable licensing requirements. (b)(1) The Division of Environmental Quality shall, by certified mail wit…

8 CAR § 80-515. Division approval of training and continuing education. (a)(1) The types of training and continuing education required by this subpart that may be eligible for approval include instructional courses, seminars, or conferences sponsored by the Division of Environmen…

8 CAR § 80-516. Violations. (a)(1) The Division of Environmental Quality may undertake investigations it deems necessary to ensure compliance with this subpart. (2)(A) The division may take actions it deems necessary to ensure compliance with this subpart, including: (i) Issuing …

8 CAR § 80-601. Purpose. The purpose of this subpart is to provide for the regulation of persons testing underground storage tank systems that contain regulated substances to assure that the systems are tested in a manner that will not encourage or facilitate leaking and will pro…

8 CAR § 80-602. Definitions. The following definitions, in addition to the definitions in Subpart 1 of this part, apply to this subpart: (1) “Company” means any person who contracts to test an underground storage tank system for a third party; (2) “Test” or “testing” means the wo…

8 CAR § 80-603. Applicability. (a) This subpart applies to all persons who perform testing on underground storage tank systems in Arkansas, including officers or employees of owners or operators, except as provided in subsections (b) and (c) of this section. (b) This subpart does…

8 CAR § 80-604. General requirements. (a)(1) A person shall not test underground storage tank systems in Arkansas unless the person is or employs an individual who has been licensed by the Division of Environmental Quality to perform the testing. (2) A person shall not exercise s…

8 CAR § 80-605. Surety requirement. (a) A person shall not test any underground storage tank system unless that person or the contractor by whom he or she is employed has purchased a surety bond, letter of credit, or cash bond in the amount of at least twenty-five thousand dollar…

8 CAR § 80-606. Company licensing. (a) An applicant for a company license must meet all of the following requirements to be licensed by the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the division, accompa…

8 CAR § 80-607. Individual licensing. (a) An applicant for an individual license must meet all of the following requirements to receive a license from the Division of Environmental Quality: (1) The applicant must file an application with the division on a form furnished by the di…

8 CAR § 80-608. Company/individual licensing. (a) A person who is seeking to be both the company and the sole licensed individual exercising supervisory control, as required by 8 CAR § 80-606(a)(6), under that company’s license need only pay the company licensing fee required by …

8 CAR § 80-609. Experience requirements. To qualify for an individual license under 8 CAR § 80-607, an applicant must demonstrate that he or she has had, within the three (3) years immediately prior to making the application, one (1) year of field experience in testing.

8 CAR § 80-610. Renewal of licenses, lapsed licenses, and reinstatement. (a) Any license issued under 8 CAR § 80-606 or 8 CAR § 80-607 must be renewed every two (2) years. (b)(1) At least thirty (30) days before the expiration date of a license, the Division of Environmental Qual…

8 CAR § 80-611. Reciprocity and provisional certificate. (a)(1) The Division of Environmental Quality shall issue a license to test underground storage systems to an applicant who holds a comparable license that is substantially similar to practice in the field of his or her occu…

8 CAR § 80-612. Denial of licenses. (a) A license required by this subpart shall not be issued or renewed if the applicant for issuance or renewal fails to meet any of the applicable licensing requirements. (b)(1) The Division of Environmental Quality shall, by certified mail wit…