Arkansas Administrative Code

15 CAR § 2-604. Continuing responsibilities — Repayments and other responsibilities. (a) Unless otherwise provided or approved by the Arkansas Natural Resources Commission, or unless reduced or waived in whole or part by the commission for cause, each applicant will be expected t…

15 CAR § 2-605. Fees for general obligation bond programs. (a) Application fees. (1) Upon the Arkansas Natural Resources Commission approving a project’s funding from the general obligation bond program funds, the applicant shall be obligated to pay an application fee, as determi…

15 CAR § 2-606. Servicing fees for Arkansas Water Development Fund, Water, Sewer, and Solid Waste Systems Revolving Fund, and Arkansas Water Resources Cost Share Revolving Fund. (a) Applicants for financial assistance under the Arkansas Water Development Fund Program, Arkansas Wa…

15 CAR § 2-607. Sanctions. (a) The Arkansas Natural Resources Commission may, upon written recommendation of the Director of the Arkansas Natural Resources Commission, penalize applicants who: (1) Voluntarily withdraw from either the Water, Waste Disposal, and Pollution Abatement…

15 CAR § 2-608. Project completion, inspection, and audit. (a) Upon completion of any project for which financial assistance has been provided, the applicant or its engineer shall furnish to the Arkansas Natural Resources Commission written notification of completion. (b) Upon re…

15 CAR § 2-609. Return of funds to commission. (a)(1) Financial assistance funds made available to an applicant by the Arkansas Natural Resources Commission shall be utilized and expended by the applicant solely and exclusively for the payment of authorized and allowable costs an…

15 CAR § 2-610. Late payments. (a)(1) Loans from the Arkansas Water Development Fund, the Arkansas Water Resources Cost Share Revolving Fund, and the Water, Sewer, and Solid Waste Systems Revolving Fund will be given a seven-day grace period after the date a loan payment is due. …

15 CAR § 2-611. Conveyance to eligible entity when project costs repaid. Upon repayment to the Arkansas Natural Resources Commission of all project costs and/or such other payments, fees, and charges as may be required to be paid to the commission pursuant to the project agreemen…

15 CAR § 2-612. Debt service reserve fund, when requested. (a)(1) A debt service reserve fund, when required to be funded by the Arkansas Natural Resources Commission, will be a restricted account established and maintained by a third-party trustee or the applicant, as approved b…

15 CAR § 2-613. Depreciation reserve fund. (a) The depreciation reserve fund will be a restricted account, established and maintained by a third-party trustee or by the applicant, as approved by the Director of the Arkansas Natural Resources Commission. (b)(1) This reserve fund i…

15 CAR § 2-701. Eligible entities — Generally. All of the entities set out in this subpart are collectively referred to in this part as "eligible entities".

15 CAR § 2-702. Entities eligible for assistance under the Water Resources Development General Obligation Bond Program. The financial assistance made available under the Arkansas Natural Resources Commission's Water Resources Development General Obligation Bond Program may be obt…

15 CAR § 2-703. Entities eligible for assistance under the Arkansas Water Development Fund Program. The financial assistance made available under the Arkansas Natural Resources Commission's Arkansas Water Development Fund Program may be obtained for an eligible project by any: (1…

15 CAR § 2-704. Entities eligible for assistance under the Water, Sewer, and Solid Waste Management Systems Program. The financial assistance made available under the Arkansas Natural Resources Commission's Water, Sewer, and Solid Waste Management Systems Program may be obtained …

15 CAR § 2-705. Entities eligible for assistance under the Waste Disposal and Pollution Abatement Facilities General Obligation Bond Program. The financial assistance made available under the Arkansas Natural Resources Commission's Waste Disposal and Pollution Abatement Facilitie…

15 CAR § 2-706. Entities eligible for assistance under the Water Resources Cost Share Revolving Fund Program. The financial assistance made available under the Arkansas Natural Resources Commission's Arkansas Water Resources Cost Share Revolving Fund Program may be obtained for a…

15 CAR § 2-707. Entities eligible for assistance under the Water, Waste Disposal, and Pollution Abatement Facilities General Obligation Bond Program. The financial assistance made available under the Arkansas Natural Resources Commission's Water, Waste Disposal, and Pollution Aba…

15 CAR § 2-708. Combination of eligible entities. For purposes of qualifying for and obtaining the financial assistance contemplated herein, any group of eligible entities may combine and join in making application for project assistance, provided each separate entity within the …

15 CAR § 2-801. Projects for which assistance may be obtained. (a) In keeping with the purposes of the Water Resources Development General Obligation Bond Program described in the introduction, financial assistance may be obtained for any project within the state in whole or part…

15 CAR § 2-802. Nature of project ownership. (a) Under the Arkansas Water Resources Development Act of 1981, Arkansas Code § 15-22-601 et seq., the Arkansas Natural Resources Commission is required to own all projects developed pursuant to the Water Resources Development General …

15 CAR § 2-803. Project costs for which assistance funds may be expended. (a) Funds made available by the Arkansas Natural Resources Commission to an applicant for an approved project shall be utilized and expended only toward payment and financing of project costs, as approved b…

15 CAR § 2-804. Transfer of ownership. (a) For an approved application and project, the Arkansas Natural Resources Commission is authorized to advance funds in the form of purchase payments for the project. (b) Payment requests must be accompanied by appropriate documentation fro…

15 CAR § 2-805. Assets to be conveyed. (a) All assets constituting part of a water resource project financed with Arkansas Natural Resources Commission Water Resources Development General Obligation Bond Program funds must be transferred and assigned to the commission at the time…

15 CAR § 2-806. Applicant to act as a commission agent. (a) At all times during project construction and operation and in the absence of default by a project applicant, the applicant will be required, pursuant to the project documents, to function and act as the contracting and o…

15 CAR § 2-807. Commission control over project. (a) During any time that the eligible entity is in default of the terms of any project document, the Arkansas Natural Resources Commission may, if it so chooses, take control of the project, including but not limited to: (1) Manage…

15 CAR § 4-101. Purpose. (a) This part governs the Arkansas Natural Resources Commission’s Nutrient Management Planner Certification Program for individuals who prepare nutrient management plans. (b) Planners prepare nutrient management plans to indicate how nutrients should be a…

15 CAR § 4-102. Definitions. As used in this part: (1) “Administrative consent order” means a legal agreement signed by: (A) The Director of the Arkansas Natural Resources Commission; and (B) A certified nutrient planner; (2)(A)(i) “Arkansas Phosphorus Index” means the risk-based…

15 CAR § 4-103. Duties of other state agencies. The provisions of this part shall not limit the powers of other state agencies.

15 CAR § 4-201. Eligibility for certification. (a) An applicant may obtain certification by satisfying all of the following requirements: (1) Satisfactorily completing and submitting to the Arkansas Natural Resources Commission an application form; (2) Attending the certified nut…

15 CAR § 4-202. Review of application. (a) The application and supporting documentation to obtain certification will be reviewed by the Arkansas Natural Resources Commission. (b) The commission will: (1) Inform the applicant in writing if it determines that the application is inc…

15 CAR § 4-203. Training course. The Arkansas Natural Resources Commission or its delegate will periodically provide a certified nutrient planner training session on concepts supporting and related to nutrient management plan development prior to scheduled examinations.

15 CAR § 4-204. Examination. (a)(1) The Arkansas Natural Resources Commission or its delegate shall administer certified nutrient planner certification examinations at least once per year for a twenty-five-dollar examination fee that must be paid prior to sitting for the test. (2…

15 CAR § 4-205. Notification of results. (a) Each applicant shall: (1) Be notified of results in writing within sixty (60) days of the completion of the examination; and (2) Receive notice of whether certification has been approved. (b) An applicant denied certification for a rea…

15 CAR § 4-301. Term of certification. (a) Certification shall be valid for a period of five (5) years and will automatically expire on January 1 of the fifth year following certification if the certificate holder fails to properly renew certification. (b) Following the expiratio…

15 CAR § 4-302. Renewal of certification. (a) A certified nutrient planner must renew certification prior to the certificate’s expiration date by complying with all of the following requirements: (1) Submission of the renewal application form; (2) Payment of a one hundred-dollar …

15 CAR § 4-303. Requirement to keep current address on file. (a) A certified nutrient planner is required to provide the Arkansas Natural Resources Commission with current address and other requested contact information within fifteen (15) working days of change so that the commi…

15 CAR § 4-304. Continuing education. (a)(1) A certified nutrient planner must have proof of four (4) approved continuing education credits completed during the five (5) previous years to renew his or her certification. (2) Each continuing education credit refers to an hour of in…

15 CAR § 4-305. Approval of third-party courses. (a)(1) Programs submitted for preapproval shall be considered by the Arkansas Natural Resources Commission only if the sponsor or attendee submits a written description. (2) The description must include the: (A) Names and qualifica…

15 CAR § 4-401. Maintaining plans. (a)(1) The Arkansas Natural Resources Commission may periodically inspect: (A) Nutrient management plans prepared by certified nutrient planners; and (B) Other records for compliance with this part. (2) A complete copy of each nutrient managemen…

15 CAR § 4-402. Quarterly activity reports. A certified nutrient planner shall file a quarterly activity report with the Arkansas Natural Resources Commission containing the following information: (1) Name and certificate number of the certified nutrient planner; and (2) Number o…

15 CAR § 4-501. Consideration of military training and experience in lieu of experience or education. When considering an application for licensure, the Arkansas Natural Resources Commission shall: (1) Consider whether or not the applicant’s military training and experience is su…

15 CAR § 4-502. Consideration of equivalent out-of-state certification. The Arkansas Natural Resources Commission will issue certification to an individual applying for Arkansas certification who: (1) Holds a substantially equivalent certification issued by another state and who …

15 CAR § 4-503. Expedited certification. The Arkansas Natural Resources Commission shall expedite the certification process for the following individuals: (1) An active duty military member stationed in Arkansas; (2) A returning military veteran applying within one (1) year of hi…

15 CAR § 4-504. Certification expiration. A certification issued by the Arkansas Natural Resources Commission held by an active duty military service member or the spouse of an active duty military service member deployed outside Arkansas shall not expire until one hundred eighty…

15 CAR § 4-505. Continuing education exemption. (a) The Arkansas Natural Resources Commission shall allow a full or partial exemption from certification continuing education requirements for the following individuals: (1) An active duty military service member deployed outside of…

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15 CAR § 4-701. Noncompliance. It shall be a violation of Arkansas Code § 15-20-1001 et seq., and this part for a certified nutrient planner to: (1) Provide misleading, false, or fraudulent information in applying for certification; (2) Provide the Arkansas Natural Resources Comm…

15 CAR § 4-702. Review of suspected noncompliance. (a)(1) Upon complaint or suspicion of suspected violation of 15 CAR § 4-601, Arkansas Natural Resources Commission or conservation district staff may investigate and recommend disciplinary action to the Director of the Arkansas N…

15 CAR § 4-703. Administrative penalties. (a)(1) Upon the first violation of this part by a certified nutrient planner within any one-year period, the planner shall be issued a warning letter. (2) For the second violation within any one-year period, the Director of the Arkansas N…

15 CAR § 4-704. Emergency action. If the Arkansas Natural Resources Commission finds that the public health, safety, or welfare imperatively requires emergency action and incorporates that finding in its order, the agency can summarily suspend, limit, or restrict certification pr…