Title 8 — Environmental Law
15 chapters · 561 sections in this title.
Ark. Code Ann. § 8-4-101 Title
0.1K chars
This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.
Ark. Code Ann. § 8-4-102 Definitions
5.8K chars
(1) As used in this chapter:(1) “Any wastes” and “pollutants” include sewage, industrial wastes, or other wastes;(2) “Discharge into the waters of the state” means a discharge of any wastes in any manner that directly or indirectly permits such wastes to reach any of the waters o…
Ark. Code Ann. § 8-4-103 Criminal, civil, and administrative penalties
44.8K chars
(a) Criminal Penalties. (1) (A) Any person that violates any provision of this chapter, that commits any unlawful act under it, or that violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of …
Ark. Code Ann. § 8-4-104 Arkansas Pollution Control and Ecology Commission — Members
8.3K chars
(a) There is created and established an Arkansas Pollution Control and Ecology Commission. (b) The Arkansas Pollution Control and Ecology Commission shall be composed of seven (7) members:(1) (A) The Governor, by and with the advice and consent of the Senate, shall appoint four (…
Ark. Code Ann. § 8-4-105 [Repealed.]
0.2K chars
A.C.A. § 8-4-105Current 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. § 8-4-106 Technical and other services and public assistance
0.6K chars
(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…
Ark. Code Ann. § 8-4-107 Prosecution of public nuisance actions
0.4K chars
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…
Ark. Code Ann. § 8-4-201 Powers and duties of division and commission generally
8.6K chars
(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…
Ark. Code Ann. § 8-4-202 Rules
17.6K chars
(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…
Ark. Code Ann. § 8-4-203 Permits generally — Definitions
127.6K chars
(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…
Ark. Code Ann. § 8-4-204 Permits — Revocation
1.0K chars
(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…
Ark. Code Ann. § 8-4-205 Permits — Hearings upon denial, revocation, or modification and other permit actions — Definition
15.8K chars
(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…
Ark. Code Ann. § 8-4-206 State water pollution control agency — General authority
0.7K chars
(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 …
Ark. Code Ann. § 8-4-207 State water pollution control agency — Powers and duties generally
11.6K chars
(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…
Ark. Code Ann. § 8-4-208 State water pollution control agency — Administration of permit program generally
7.4K chars
(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…
Ark. Code Ann. § 8-4-209 State water pollution control agency — Participation of certain persons prohibited in approval of permit applications
0.5K chars
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…
Ark. Code Ann. § 8-4-210 Investigations and hearings generally
2.5K chars
(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…
Ark. Code Ann. § 8-4-211 Declaratory orders
0.5K chars
(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 …
Ark. Code Ann. § 8-4-212 Adjudicatory hearings and orders
0.8K chars
(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…
Ark. Code Ann. § 8-4-213 Conclusiveness of commission actions
0.5K chars
(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…
Ark. Code Ann. § 8-4-214 Service of notice, orders, etc
1.6K chars
(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 …
Ark. Code Ann. § 8-4-215 Intergovernmental cooperation
2.8K chars
(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…
Ark. Code Ann. § 8-4-216 Information and inspections
1.1K chars
(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 …
Ark. Code Ann. § 8-4-217 Unlawful actions
18.7K chars
(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…
Ark. Code Ann. § 8-4-218 Violations of chapter, orders, rules, etc. — Hearings — Notice
0.8K chars
(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…
Ark. Code Ann. § 8-4-219 Violations of chapter, orders, rules, etc. — Hearings — Conduct
0.5K chars
(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…
Ark. Code Ann. § 8-4-220 Violation of chapter, orders, rules, etc. — Order of division without hearing
0.8K chars
(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…
Ark. Code Ann. § 8-4-221 Violations of chapter, orders, rules, etc. — Hearing — Orders
0.6K chars
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…
Ark. Code Ann. § 8-4-222 Appeals — Entitlement
0.3K chars
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.
Ark. Code Ann. § 8-4-223 Appeals — Notice
3.4K chars
(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,…
Ark. Code Ann. § 8-4-224 Appeals — Parties
1.3K chars
(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…
Ark. Code Ann. § 8-4-225 Appeals — Venue
0.3K chars
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…
Ark. Code Ann. § 8-4-226 Appeal — Response by commission and record
5.0K chars
(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 …
Ark. Code Ann. § 8-4-227 Appeal — Review by circuit court
2.8K chars
(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…
Ark. Code Ann. § 8-4-228 Appeal — Stay of proceedings
0.5K chars
(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 …
Ark. Code Ann. § 8-4-229 Appeals, proceedings, etc. — Presumptions
0.6K chars
(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 …
Ark. Code Ann. § 8-4-230 Temporary variances and interim authority
21.3K chars
(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; …
Ark. Code Ann. § 8-4-231 Effectiveness of regulations, rules, or orders
0.3K chars
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…
Ark. Code Ann. § 8-4-232 Nutrient water quality trading programs — Definition
5.3K chars
(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…
Ark. Code Ann. § 8-4-233 Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties
5.7K chars
(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…
Ark. Code Ann. § 8-4-234 Short-term activity authorization
9.7K chars
(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(…
Ark. Code Ann. § 8-4-301 Legislative intent
0.7K chars
(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, …
Ark. Code Ann. § 8-4-302 Purpose
0.3K chars
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 …
Ark. Code Ann. § 8-4-303 Definitions
6.0K chars
(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…
Ark. Code Ann. § 8-4-304 Applicability of water pollution provisions
0.4K chars
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…
Ark. Code Ann. § 8-4-305 Exceptions
5.7K chars
(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…
Ark. Code Ann. § 8-4-306 Political subdivisions preempted — Exception
0.7K chars
(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, …
Ark. Code Ann. § 8-4-307 Private rights unchanged
0.8K chars
(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…
Ark. Code Ann. § 8-4-308 Industrial secrets confidential
2.5K chars
(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…
Ark. Code Ann. § 8-4-309 Construction limited — Exception
0.9K chars
(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…