Arkansas Administrative Code

15 CAR § 1-306. Permanent record. (a) The Secretary of the Arkansas Natural Resources Commission shall keep a permanent record of Arkansas Natural Resources Commission actions including minutes, transactions, findings, orders, determinations, resolutions, and rules in the commiss…

15 CAR § 1-307. Notice of meeting — Agenda. (a) The Secretary of the Arkansas Natural Resources Commission shall provide Arkansas Natural Resources Commission members with notice of regular meetings by mail at least seven (7) days prior to the meeting date. (b) For special meetin…

15 CAR § 1-308. Freedom of information and open meetings. (a) In all proceedings, the Arkansas Natural Resources Commission shall follow rules set forth in the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., governing freedom of information. (b) All meeting…

15 CAR § 1-309. Appearance, presentation, or submission to the commission. (a)(1) Unless provided otherwise in the Arkansas Natural Resources Commission’s rules, persons wishing to make an appearance or presentation before or submission to the commission shall notify the Secretar…

15 CAR § 1-401. Purpose. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutes, rules, or orders over which the Arkansas Natural Resources Commission has authority. (b)(1) A petition for declaratory…

15 CAR § 1-402. Declaratory order — Request. (a) Any person requesting a declaratory order shall make application as if requesting such action, order, or permit. (b) On the application the applicant shall state "Request for Declaratory Order".

15 CAR § 1-403. Review and determination. (a) Upon receipt of request for declaratory order, the Director of the Arkansas Natural Resources Commission shall promptly review the request and determine whether it meets the requirements of 15 CAR § 1-401. (b) If it is a proper reques…

15 CAR § 1-404. Notice of determination. (a) The Director of the Arkansas Natural Resources Commission shall give the applicant written notice of the determination. (b) Copies of the determination shall be provided to the members of the Arkansas Natural Resources Commission.…

15 CAR § 1-405. Appeal. The applicant may appeal a declaratory order pursuant to 15 CAR § 1-501 et seq.

15 CAR § 1-501. Appeals procedure — Generally. This procedure shall apply to all matters where the Arkansas Natural Resources Commission is required by law to make its determination after notice and hearing including but not limited to the following: (1) Issuance of permits; (2) …

15 CAR § 1-502. Review — Referee’s decision. Any aggrieved party may request that the decision of a referee, including the Director/Secretary of the Arkansas Natural Resources Commission, be reviewed by the Arkansas Natural Resources Commission by filing written request for revie…

15 CAR § 1-503. Commission-initiated review. Within ten (10) days of the referee’s decision, any Arkansas Natural Resources Commission member or the Secretary of the Arkansas Natural Resources Commission may file with the secretary a request for review before the commission.…

15 CAR § 1-504. Commission review. (a) The Arkansas Natural Resources Commission review shall be limited to the record before the referee with such written or oral argument as may be authorized by the presiding officer at the hearing of the review. (b) The review may be conducted…

15 CAR § 1-505. Judicial review. (a) The referee’s decision, if not reviewed pursuant to the rules of the Arkansas Natural Resources Commission, and if reviewed, the commission decision, shall constitute final agency action for the purpose of judicial review. (b) Judicial review …

15 CAR § 1-506. Stay pending review. (a) Any decision of a referee will be stayed pending Arkansas Natural Resources Commission review. (b) Upon petition by the affected party, the commission may stay any decision pending judicial review.

15 CAR § 2-1001. Forms of assistance. (a) The Arkansas Natural Resources Commission, after duly acting upon an application, may decide to participate in a qualifying water development project or water, sewer, or solid waste management systems project in any of the following ways:…

15 CAR § 2-1002. Last funds used — Return of unneeded funds. (a)(1) When funds provided from the Water Development Fund programs or Water, Sewer, and Solid Waste Systems programs are used in conjunction with other funds provided by the Arkansas Natural Resources Commission's othe…

15 CAR § 2-101. Scope. This part has been enacted for the purpose of implementing and administering the powers, duties, and responsibilities of the Arkansas Natural Resources Commission as provided by the acts, which provide generally for commission-approved financial assistance …

15 CAR § 2-102. Policy statement, interpretation, and application of rules. (a)(1) It is the duty and policy of the Arkansas Natural Resources Commission to fully and expeditiously implement and administer the objectives, purposes, and intent of the Water Resources Development Ge…

15 CAR § 2-103. Definitions. Unless the context otherwise requires, the use of certain capitalized words and terms herein which are not otherwise defined shall refer to the meanings of such words and terms as provided in the applicable act or acts.

15 CAR § 2-1201. Projects for which assistance may be obtained. (a) In keeping with the purposes of the Arkansas Water Resources Cost Share Revolving Fund Program (“cost share program”) described in the Introduction, financial assistance may be requested for any project that qual…

15 CAR § 2-1202. Forms of assistance. (a) The Arkansas Natural Resources Commission is authorized to make either loans or grants to eligible entities with limited financial capacity to provide them with the nonfederal share of the cost for a water resources development project. (…

15 CAR § 2-1203. Maximum participation. The Arkansas Natural Resources Commission shall not make a loan or a grant to an eligible entity in an amount greater than fifty percent (50%) of the total water resource development project cost unless there is no requirement for a coopera…

15 CAR § 2-1204. Application. (a)(1) Each January 1, the Arkansas Natural Resources Commission shall take applications from eligible entities for assistance to be awarded for water resource development projects for the next fiscal year. (2) The annual deadline for applications sh…

15 CAR § 2-1205. Priority ranking for water projects. [Reserved.]

15 CAR § 2-201. General procedure. The general procedure to be followed in the financial assistance application, review, and consideration process shall be as follows: (1) Preapplication. (A) While not specifically required, all potential applicants are encouraged to initially co…

15 CAR § 2-202. Commission action. (a) After reviewing and considering the submitted application, the Arkansas Natural Resources Commission may proceed to take one (1) of the following alternative forms of commission action on the application: (1) The commission may approve and g…

15 CAR § 2-301. Application content. (a) The Arkansas Natural Resources Commission provides application forms for financial assistance except for the Arkansas Water Resources Cost Share Revolving Fund Program. (b) All applications must be written and consistent with the requireme…

15 CAR § 2-302. Required general information. The following general information, where deemed by the Arkansas Natural Resources Commission to be applicable to the applicant and project under consideration, or where required with respect to the specific program funds for which app…

15 CAR § 2-303. Additional information for reservoir projects. Where financial assistance is sought in connection with an existing or proposed reservoir, the following additional information must be submitted with the application: (1) The application should contain a description …

15 CAR § 2-304. Supplemental information. The Arkansas Natural Resources Commission reserves the right to require the applicant to submit such further or additional project information as may be deemed necessary for project review under the particular facts and circumstances of a…

15 CAR § 2-305. Application verification and approval as to legality. (a) All applications for financial assistance shall contain the following statement signed by the chief executive officer of the applicant: "To the best of my knowledge, all statements of fact contained herein …

15 CAR § 2-401. General approval standards and criteria. In the review and consideration of applications for financial assistance, the Arkansas Natural Resources Commission shall give consideration to the following general and nonexclusive criteria for application approval: (1) C…

15 CAR § 2-402. Criteria applicability. (a) The general criteria set forth in this subpart are intended to constitute and shall constitute general guidelines and standards for application review and consideration by the Arkansas Natural Resources Commission. (b) Such criteria sha…

15 CAR § 2-403. Specific criteria applicable to Water Resources Development General Obligation Bond Program applications. [Reserved.]

15 CAR § 2-404. Specific criteria applicable to Arkansas Water Development Fund applications. (a)(1) In addition to the approval standards and criteria set out in 15 CAR § 2-401, the Arkansas Natural Resources Commission has established the following rankings for prioritizing Ark…

15 CAR § 2-405. Specific criteria applicable to Water, Sewer, and Solid Waste Management Systems Fund applications. (a)(1) In addition to the approval standards and criteria set out in 15 CAR § 2-401, the Arkansas Natural Resources Commission has established the following ranking…

15 CAR § 2-406. Specific criteria applicable to Waste Disposal and Pollution Abatement Facilities General Obligation Bond Program applications. [Reserved.]

15 CAR § 2-407. Specific criteria applicable to Arkansas Water Resources Cost Share Revolving Fund Program applications. (a) From each year's applications for grants and loans, the Arkansas Natural Resources Commission shall develop a list of water resources development projects …

15 CAR § 2-408. Criteria applicable to establishment of terms and conditions for financial assistance. In establishing the debt service reserve fund, depreciation reserve fund, or other terms and conditions, the Arkansas Natural Resources Commission may consider the following: (1…

15 CAR § 2-409. Specific criteria applicable to Water, Waste Disposal, and Pollution Abatement Facilities General Obligation Bond Program applications. [Reserved.]

15 CAR § 2-501. Conditions for disbursements. (a) After an application for assistance has been approved by the Arkansas Natural Resources Commission, the following conditions and requirements shall be met prior to the release and disbursement of any assistance funds: (1) Unless o…

15 CAR § 2-502. Disbursement procedures for Water Resources Development General Obligation Bond Program. (a) Unless otherwise provided and approved by the Director of the Arkansas Natural Resources Commission, the total amount of financial assistance funds authorized for disburse…

15 CAR § 2-503. Disbursement procedures for Waste Disposal and Pollution Abatement Facilities General Obligation Bond Program. (a) Unless otherwise provided and approved by the Director of the Arkansas Natural Resources Commission, the total amount of financial assistance funds a…

15 CAR § 2-504. Disbursement procedures for Water, Waste Disposal, and Pollution Abatement Facilities General Obligation Bond Program. (a) Unless otherwise provided and approved by the Director of the Arkansas Natural Resources Commission, the total amount of financial assistance…

15 CAR § 2-505. Increases in financial assistance. (a) With respect to approved applications for financial assistance under this part, the Director of the Arkansas Natural Resources Commission shall have the discretionary authority to increase the amount of financial assistance t…

15 CAR § 2-506. Deobligation. (a) The Director of the Arkansas Natural Resources Commission shall have the discretionary authority to deobligate funds approved by the Arkansas Natural Resources Commission for financial assistance to an applicant without returning to the commissio…

15 CAR § 2-601. Inspection of works, technical and financial records. By making application to the Arkansas Natural Resources Commission, the applicant will be deemed to consent and agree to the following: (1) Facility inspection. From time of application throughout construction …

15 CAR § 2-602. Project modifications. (a) After an application for financial assistance has been approved by the Arkansas Natural Resources Commission and after the Director of the Arkansas Natural Resources Commission has reviewed and approved an applicant's plans and specifica…

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