Title 8 — Environmental Law
15 chapters · 561 sections in this title.
Ark. Code Ann. § 8-1-101 Purpose
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(a) It is the purpose of this chapter to authorize the Arkansas Pollution Control and Ecology Commission to establish a system of fees for the issuance of permits required by §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-314, 8-6-201 — 8-6-212, 8-6-214, and 8-9-403, to d…
Ark. Code Ann. § 8-1-102 Definitions
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(1) As used in this chapter:(1) “Annual fee” means the fee required by this chapter to be submitted upon the issuance date and the anniversary date of issuance of the permits required by the statutes enumerated in subdivision (4) of this section;(2) “Commission” means the Arkansa…
Ark. Code Ann. § 8-1-103 Powers and duties
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(1) The Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall have the following powers and duties, respectively:(1) (A) Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating an…
Ark. Code Ann. § 8-1-104 Existing rules
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All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this chapter relating to subjects embraced within this chapter shall remain in full force and effect until expressly repealed, amended, or superseded if the rules do not conflict w…
Ark. Code Ann. § 8-1-105 Division of Environmental Quality Fee Trust Fund
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(a) A Division of Environmental Quality Fee Trust Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (b) All interest earnings and fees collected under the provisions of all laws administered by the Divisio…
Ark. Code Ann. § 8-1-106 Definitions — Disclosure statements — Denial of application — Appeal — Rules
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(a) As used in this section:(1) “Affiliated person” means:(A) Any officer, director, or partner of the applicant;(B) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application that may adversely impact the…
Ark. Code Ann. § 8-1-107 Inspections — Definitions — Investigations — Inspection warrant — Exceptions — Penalties
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(a) General. Whenever it shall be necessary for the purpose of implementing or monitoring the enforcement of any law charged to the authority of the Division of Environmental Quality, any authorized employee or agent of the division may enter upon any public or private property f…
Ark. Code Ann. § 8-1-108 Investments
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(a) All funds that are held in a trust fund administered by the Division of Environmental Quality may be invested and reinvested subject to the written approval of the Treasurer of State. (b) All investments as authorized for use by the Treasurer of State may be available for the…
Ark. Code Ann. § 8-1-201 Legislative intent
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(a) The General Assembly recognizes that since 1949, when the precursor of the Arkansas Pollution Control and Ecology Commission was first created, significant changes have occurred in the responsibilities charged to the state's environmental agency. This subchapter intends to cl…
Ark. Code Ann. § 8-1-202 Powers of the Director of the Division of Environmental Quality
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(a) The Director of the Division of Environmental Quality shall be the executive officer and active administrator of all pollution control activities in the state. (b) As such, the director's duties shall include:(1) (A) The administration of permitting, licensing, certification,…
Ark. Code Ann. § 8-1-203 Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission
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(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern. (b) The commission's powers and duties shall be as follows:(1) (A) Promulgation of rules implementing the su…
Ark. Code Ann. § 8-1-204 Administrative law judge
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(a) The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the cond…
Ark. Code Ann. § 8-1-205 [Repealed.]
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A.C.A. § 8-1-205Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 8-1-206 Voluntary environmental stewardship program — Definitions
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(a) As used in this section:(1) “Environmental laws” means this title and any rules, permits, and orders adopted or issued under this title;(2) “Environmental management system” means a set of documented processes and practices that enable an organization to reduce its environmen…
Ark. Code Ann. § 8-1-301 Purpose
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The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further declar…
Ark. Code Ann. § 8-1-302 Definitions
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(1) As used in this subchapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) (A) “Environmental audit” means a voluntary, internal, and comprehensive evaluation of one (1) or more facilities or an activity at one (1) or more facilities regulated…
Ark. Code Ann. § 8-1-303 Privilege
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(a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems…
Ark. Code Ann. § 8-1-304 Waiver
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(a) The privilege described in § 8-1-303 does not apply to the extent that:(1) It is waived expressly by the owner or operator of the facility that prepared or caused to be prepared the environmental audit report;(2) The owner or operator of a facility or person conducting an act…
Ark. Code Ann. § 8-1-305 Exceptions
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(1) The privilege described in § 8-1-303 does not apply to the following:(1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under:(A) Federal …
Ark. Code Ann. § 8-1-306 Stipulation
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The parties to a legal action may at any time stipulate to the entry of an order that directs that specific information contained in an environmental audit report is or is not subject to the privilege provided under § 8-1-303.
Ark. Code Ann. § 8-1-307 Disclosure in civil or administrative proceeding
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(a) In a civil or administrative proceeding, a court of record or administrative tribunal, after an in-camera review, shall require disclosure of material for which the privilege described in § 8-1-303 is asserted if the court or administrative tribunal determines one (1) of the …
Ark. Code Ann. § 8-1-308 [Repealed.]
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A.C.A. § 8-1-308Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 8-1-309 Audit privilege reserved for administrative or civil proceedings
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The privilege created by § 8-1-303 does not apply to criminal investigations or proceedings. When an environmental audit report is obtained, reviewed, or used in a criminal proceeding, the privilege created by § 8-1-303 applicable to administrative or civil proceedings is not wai…
Ark. Code Ann. § 8-1-310 Burden of proof
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(a) A party asserting the environmental audit privilege under § 8-1-303 has the burden of proving the privilege, including if there is evidence of noncompliance with federal or state law or extensions thereof, and proof that appropriate efforts to achieve compliance were promptly…
Ark. Code Ann. § 8-1-311 Partial disclosure
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Upon making a determination under § 8-1-307, the court of record or administrative tribunal may compel disclosure of only those parts of an environmental audit report that are relevant to issues in dispute in the proceeding.
Ark. Code Ann. § 8-1-312 Scope
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(1) Nothing in this subchapter may limit, waive, or abrogate:(1) The scope of any statutory or common law privilege, including the work product doctrine and the attorney-client privilege; or(2) The rights of the public as provided in the Freedom of Information Act of 1967, § 25-1…