Arkansas Administrative Code

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…

8 CAR § 83-103. Definitions. When used in connection with this part, terms shall have the meaning defined at Arkansas Code § 8-7-503, or as defined in Arkansas Pollution Control and Ecology Commission Regulation No. 23 § 260.10.

8 CAR § 83-104. Criteria for listing hazardous substance sites. (a)(1) Moneys deposited into the Hazardous Substance Remedial Action Trust Fund shall be segregated into two (2) portions: (A) Eighty percent (80%) of the annual receipts shall be designated for expenditures related …

8 CAR § 83-105. Severability. If any provision of this part or the application thereof is held invalid, its invalidity shall not affect other provisions of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part…

8 CAR § 83-201. Description. (a) Hazardous substance sites listed in this subpart are those: (1) That pose a potential substantial endangerment to human health and/or the environment; and (2) For which state funds have been approved to match or supplement federal funding for reme…

8 CAR § 83-202. National Priority List sites. EPA ID No. AFIN Site Name Address/Location City County ARD084930148 05- 00003 ARKWOOD, INC. HWY 65 1M S OMAHA BOONE ARD980496186 34- 00077 CECIL LINDSEY LANDFILL 35.637562 N; -91.230540 E NEWPORT JACKSON ARD035662469 18- 00131 GURLEY …

8 CAR § 83-301. Description. (a) Hazardous substance sites listed in this subpart are those that pose a potential substantial endangerment to human health and/or the environment, but do not meet the criteria for listing on the National Priority List. (b) These sites have been des…

8 CAR § 83-302. State Priority List sites. EPA ID No. AFIN Site Name Address City ZIP County ARD035434596 73- 00022 ARKANSAS GENERAL INDUSTRIES 102 MILLER STREET BALD KNOB 72010 WHITE ARD006337620 72- 00676 BALDWIN PIANO & ORGAN CO. 1101 S BEECHWOOD AVE FAYETTEVILLE 72701 WASHING…

8 CAR § 83-401. Brownfield assessment funding. (a) The Director of the Division of Environmental Quality may use moneys, subject to statutory limitations, the appropriation of funding, and the availability of funding, from the Hazardous Substance Remedial Action Trust Fund to fun…

8 CAR § 83-501. Effective Date. This part and any amendments or revisions to this part are effective ten (10) days after filing the part or any amendment or revision thereof with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research following …

8 CAR § 84-101. Purpose. The purpose of this part is to: (1) Pursuant to the Phase I Environmental Site Assessment Consultant Act, Arkansas Code § 8-7-1301 et seq. (Acts 2007, No. 1018), establish and implement a certification program to: (A) Maintain a list of Phase I consultant…

8 CAR § 84-102. Authority. The Phase I Environmental Site Assessment Consultant Act, Arkansas Code § 8-7-1301 et seq. (Acts 2007, No. 1018), and the Controlled Substances Contaminated Property Cleanup Act, Arkansas Code § 8-7-1401 et seq. (Acts 2007, No. 864), authorize the Arkan…

8 CAR § 84-103. 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 § 84-104. Definitions. The following terms shall have the same meaning when used in this part as established by the Act, unless the context otherwise requires: (1) “Certification and listing” means the review and approval of an individual’s education and relevant experience…

8 CAR § 84-201. Applicability. (a) The Division of Environmental Quality shall: (1) Maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment…

8 CAR § 84-301. Certification criteria for Phase I consultants. (a) An applicant seeking certification to be listed as a Phase I consultant shall submit an application on forms provided by the Division of Environmental Quality and shall pay the applicable application fees. (b) Pe…

8 CAR § 84-401. Application. (a) An applicant seeking certification as a clandestine laboratory remediation contractor shall submit an application on forms provided by the Division of Environmental Quality and shall pay the applicable application fees in accordance with 8 CAR § 8…

8 CAR § 84-402. Certification criteria for clandestine laboratory remediation contractors. (a) Persons seeking certification as a clandestine laboratory remediation contractor shall maintain the following information for all employees who perform decontamination and/or cleanup wo…

8 CAR § 84-403. Financial assurance. (a) A certified clandestine laboratory remediation contractor shall provide the following financial assurances: (1) A certificate of liability insurance issued by an insurance company licensed to do business in Arkansas certifying that the app…

8 CAR § 84-601. Certification renewal. (a) Certification and listing under the provisions of this part to an individual shall be valid for two (2) years, or portion thereof, from July 1 of the year the Division of Environmental Quality adds the individual to the list of certified…

8 CAR § 84-605. Continuing education requirements. (a) Phase I consultants and certified clandestine laboratory remediation contractors shall remain current in their field through participation in continuing education or other activities. (b) Definitions. As used in this section,…