Arkansas Administrative Code

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…

8 CAR § 80-613. 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 § 80-614. 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 § 80-701. Purpose. The purpose of this subpart is to provide for the training or certification of persons operating and maintaining underground storage tank systems that contain regulated substances to assure that the systems are operated and maintained in a manner that wil…

8 CAR § 80-702. Definitions. The following definitions, in addition to the definitions in Subpart 1 of this part, apply to this subpart: (1)(A)(i) “Operator” means any person in control of, or having responsibility for, the daily operation of the underground storage tank system. …

8 CAR § 80-703. Applicability. (a) This subpart applies to all persons who are responsible for operating or maintaining underground storage tank systems in Arkansas as defined in 8 CAR § 80-702. (b) This subpart does not relieve the owner or operator, as defined in 40 C.F.R. pt. …

8 CAR § 80-704. General requirements. (a)(1) By August 8, 2012, each facility with an underground storage tank system must have a Class A, Class B, and Class C operator designated for that facility who has been trained or certified in accordance with the requirements of this subp…

8 CAR § 80-705. Class A operator certification. (a) At a minimum, a Class A operator must be certified by the Division of Environmental Quality in the following areas: (1) A general knowledge of applicable federal and state underground storage tank system requirements for operati…

8 CAR § 80-706. Class B operator certification. (a) At a minimum, a Class B operator must be certified by the Division of Environmental Quality in the following areas and demonstrate an in-depth knowledge of underground storage tank system requirements for day-to-day operation, m…

8 CAR § 80-707. Class C operator training. (a) At a minimum, a Class C operator must be trained in: (1) Delivery controls and monitoring of the dispensing or sale of regulated substances; (2) Initial response to alarms or releases; and (3) Appropriate actions to be taken in respo…

8 CAR § 80-708. Operator examination. (a) To be certified as a Class A or Class B operator under 8 CAR § 80-705 or 8 CAR § 80-706, an individual shall pass a written examination given by the Division of Environmental Quality covering the requirements of those sections, with a sco…

8 CAR § 80-709. 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 § 80-710. Disclosure exemption. Any certification required by this subpart is exempt from the disclosure requirements of Arkansas Code § 8-1-106 and Administrative Procedures, 8 CAR pt. 11.

8 CAR § 80-801. Requests for confidentiality. (a)(1) Any information submitted to the Division of Environmental Quality may be claimed as confidential. (2) Any claim must be asserted at the time of submission. (3) No information shall be eligible for protection as confidential in…

8 CAR § 80-802. Submission procedures. (a) Any person claiming information as confidential under 8 CAR § 80-801 shall: (1) Clearly mark each page containing information with the word “CONFIDENTIAL”; and (2) Submit an affidavit setting forth the reasons that the person believes th…

8 CAR § 80-803. Prerequisites for protection. (a) No information shall be protected as confidential unless: (1) It is submitted in accordance with this subpart; and (2) The Director of the Division of Environmental Quality finds the information would constitute a trade secret und…

8 CAR § 80-804. Acceptability of information. (a) The Director of the Division of Environmental Quality or his or her designee shall give written notice to any person submitting information for which confidentiality is claimed of his or her decision on whether the information has…

8 CAR § 80-805. Security. (a)(1) All information accepted by the Director of the Division of Environmental Quality as confidential shall be stored in locked filing cabinets. (2) A person shall not have access to confidential information unless the person requires access to carry …

8 CAR § 80-901. Enforcement. (a) Violation of any provision of this part, or of any order issued by the Division of Environmental Quality pursuant thereto, shall be considered a violation of this part and shall be subject to the penalty provisions of the Regulated Substance Stora…

8 CAR § 80-902. Administrative procedures. (a) Administrative Procedures, 8 CAR pt. 11, shall apply to administrative licensing, operator training and certification, or enforcement actions taken under this part. (b) Additionally, all administrative hearings and appeals arising un…

8 CAR § 82-101. Title. This part, adopted pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979 (Acts 1979, No. 406, as amended, Arkansas Code § 8-7-201 et seq.), the Remedial Action Trust Fund Act (Acts 1985, No. 479, as amended, Arkansas Code § 8-7-5…

8 CAR § 82-102. Purpose. It is the purpose of this part and it is hereby declared to be the policy of the Arkansas Pollution Control and Ecology Commission: (1) To encourage and facilitate the redevelopment of abandoned industrial, commercial, or agricultural sites, or abandoned …

8 CAR § 82-103. Authority. This part is promulgated pursuant to the Voluntary Cleanup Act, Acts 1997, No. 1042, as amended, Arkansas Code § 8-7-1101 et seq.

8 CAR § 82-104. Definitions. (a) As used in this part, unless the context otherwise requires: (1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response…

8 CAR § 82-105. Eligibility. (a) This part applies to: (1) A person who: (A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination, or who is a prospective purchaser of abandoned residential property; (B)…

8 CAR § 82-106. Public participation. (a) The public shall be provided notice of the proposed remedy at a Brownfield site and given the opportunity to comment and request a public hearing prior to the Division of Environmental Quality making a final remedy determination. (b) The …

8 CAR § 82-107. Process. (a) The Division of Environmental Quality shall follow the process set forth in Arkansas Code § 8-7-1104 in evaluating and assisting the redevelopment of sites under the Arkansas Voluntary Cleanup Act, Arkansas Code § 8-7-1101 et seq. (b) In evaluating an…

8 CAR § 82-108. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications hereof which can be given effect without the invalid provision or application, a…

8 CAR § 82-109. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 83-101. Authority. This part is promulgated pursuant to provisions of the Remedial Action Trust Fund Act of 1985, Ark. Code Ann. § 8-7-509(f)(1).

8 CAR § 83-102. Purpose. (a) The Arkansas Remedial Action Trust Fund Hazardous Substances Site Priority List identifies those hazardous substance sites for which expenditures are authorized from the Hazardous Substances Remedial Action Trust Fund pursuant to the provisions of the…