Title 8, Environmental Law

(a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for…

In any legal action arising from, relating to, or including violations of laws or rules charged to the enforcement authority of the Division of Environmental Quality that also alleges the existence of a public nuisance at common law, the Attorney General or the division may serve…

(a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties:(1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state;(2) Investigations and Surveys. (A…

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commissi…

(a) The Division of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect, revoke, modify, or deny permits, under such conditions as it may prescribe:(1) To prevent, control, or abate pollution;(2) For the discharge of se…

(1) The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation:(1) Violation of any condition of the permit;(2…

(a) Any person that is denied a permit by the Director of the Division of Environmental Quality or that has a permit revoked or modified or a request for permit transfer or modification denied shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ec…

(a) In addition to any other powers which it may have under this chapter or any other legislative act, the Division of Environmental Quality is authorized and empowered to act as the “state water pollution control agency” for the State of Arkansas for the purposes of the Federal …

(1) Without limiting the generality of the provisions of this chapter or of the powers which the Director of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission may have under this or any other legislative act:(1) (A) The director is au…

(a) (1) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protec…

Any provision of state law to the contrary notwithstanding, no member of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission or other state agency who receives or has during the previous two (2) years received a significant portion of hi…

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, empl…

(a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission. (b) Such …

(a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter. (b…

(a) If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§ 8-4-222 — 8-4-229, or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deem…

(a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made …

(a) The Division of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state or the United States in a…

(a) The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user of a publicly owned treatment system, when requested by the Director of the Division of Environmental Quality, shall furnish to the Division …

(a) It shall be unlawful for any person to:(1) Cause pollution, as defined in § 8-4-102, of any of the waters of this state;(2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this stat…

(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it m…

(a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice. (b) A hearing may be conducted by the commission or its administrative…

(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such act…

On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other per…

An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 — 8-4-229 by those parties that have standing and have exhausted their administrative appeals.

(a) (1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry,…

(a) (1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved, if applicable, shall in all cases be the original parties to an appeal.(2) The state, through the Attorney General o…

Except as provided in § 8-4-223(d), upon written consent of the parties or for cause shown after hearing upon notice to all parties, the venue of an appeal may be changed by order of the circuit court to the circuit court of a county in which the order, rule, or decision appealed…

(a) (1) Within thirty (30) days after service of the notice of appeal on the Secretary of the Arkansas Pollution Control and Ecology Commission, the Arkansas Pollution Control and Ecology Commission shall file with the clerk of the circuit court having jurisdiction of the appeal …

(a) The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according to the rules relating to the trial of civil actions, so far as applicable. (b) If, before the date set for the hearing, application is made to t…

(a) The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by order of the court for cause shown by the appellant. (b) The granting of a stay may be conditioned upon the furnishing by the appellant of such …

(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law …

(a) (1) Unless otherwise expressly prohibited by federal law, the Director of the Division of Environmental Quality may, for compelling reasons and good cause shown, grant:(A) A temporary variance from the requirements of a permit issued by the Division of Environmental Quality; …

This act shall not be construed as impairing the continued effectiveness of any regulations, rules, or orders promulgated or issued by the Arkansas Pollution Control and Ecology Commission prior to March 31, 1999. Nor shall this act be construed as extinguishing or otherwise affe…

(a) As used in this section, “nutrient” means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without limitation nitrogen, phosphorus, and carbon. (b) (1) The Arkansas Pollution Control and Ecology Commission may ado…

(a) The Nutrient Water Quality Trading Advisory Panel is created, consisting of nine (9) members as follows:(1) One (1) member appointed by the President Pro Tempore of the Senate;(2) One (1) member appointed by the Speaker of the House of Representatives; and(3) Seven (7) member…

(a) (1) The Director of the Division of Environmental Quality may authorize short-term activities that have potential to affect compliance with Arkansas water quality standards if:(A) The short-term activity is essential to the protection or promotion of the public interest; and(…

(a) In the interest of the public health and welfare of the people, it is declared to be the public policy of the State of Arkansas to maintain such a reasonable degree of purity of the air resources of the state to the end that the least possible injury should be done to human, …

It is the purpose of this subchapter to safeguard the air resources of the state by controlling or abating air pollution that exists when this subchapter takes effect and preventing new air pollution under a program which shall be consistent with the declaration of policy stated …

(1) As used in this subchapter:(1) “Air-cleaning device” means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere;(2) “Air contaminant” means any solid, liquid, gas, or vapor or any combination thereof…

All provisions of § 8-4-101 et seq. and § 8-4-201 et seq. relating to water pollution shall apply to this subchapter unless manifestly inconsistent therewith, including, but not limited to, the provisions of §§ 8-4-205, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 relating to hearing…

(1) The provisions of this subchapter do not apply to:(1) Agricultural operations in the growing or harvesting of crops and the raising of fowl or animals;(2) Use of equipment in agricultural operations in the growing of crops or the raising of fowl or animals;(3) Barbecue equipm…

(a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, …

(a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commis…

(a) (1) (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administratio…

(a) Nothing contained in this subchapter shall be construed as amending or repealing § 20-21-201 et seq. concerning the control of radiation or as granting to the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission any jurisdiction or author…

(a) It is a misdemeanor punishable under § 8-4-103:(1) To knowingly cause air pollution as defined in § 8-4-303;(2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the A…