Title 8, Environmental Law

(a) The Division of Environmental Quality shall develop, implement, and administer an Environmental Compliance Resource Program as provided under this subchapter and pursuant to the rules promulgated by the Arkansas Pollution Control and Ecology Commission. (b) (1) The division s…

(a) The Director of the Division of Environmental Quality or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program. (b) The program shall provide:(1) Guidance and resources to all certified environmental officers;(2) Evaluation…

(a) (1) The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under § 8-6-2004 and conduct prohibited under § 8-6-2005 in consultation with the Attorney General.(2) The uniform envi…

This subchapter may be cited as the “Arkansas Solid Waste Management Act”.

(a) (1) An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, planning and development district, or state agency, board, or commission.…

(a) An environmental officer under this subchapter may perform one (1) or more of the following duties to ensure compliance with and enforcement of this subchapter:(1) Upon a showing of probable cause regarding environmental violations, and subject to the administrative warrant r…

(a) An environmental officer shall use the uniform environmental citation form referenced in § 8-6-2009 to issue a citation for an alleged environmental violation under this chapter. (b) An environmental officer may issue a citation for an alleged environmental violation committe…

A citation for an alleged environmental violation issued by an environmental officer shall be filed in a court of competent jurisdiction in the county where the alleged environmental violation was committed.

A citation for an alleged environmental violation issued under this chapter shall be served in person or by mailing a copy of the citation by certified mail to either the address obtained from evidence collected from the environmental violation location or to the last known addre…

(a) (1) (A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the court named within the citation at the location and time designated in the citation.(B) The initial hearing shall occur no later than thirty (30) days after the t…

(a) (1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.(2) The time period shall not exceed thirty (30) days from the date of the environmental citation. (1) The environmenta…

(a) If fines and costs are not paid for judgments for violations of this chapter, the party that has not paid the fines and costs is subject to an administrative or civil enforcement action under law or rule, or both. (b) Sanctions for nonpayment may include administrative, civil…

(1) This subchapter does not limit the authority of an employee of:(1) A municipality, city, county, or regional solid waste management district to issue a citation for a violation of a local ordinance or bylaw; or(2) A state agency, board, or commission with the statutory duty t…

(a) Except as provided under subsection (b) of this section, this subchapter does not apply to:(1) The disposal of solid waste if the disposal:(A) Results from operations of farms, grain elevators, cotton gins, and similar industries;(B) Is at a place where agricultural gleanings…

(1) It is the purpose of this subchapter and it is declared to be the policy of this state to regulate the collection and disposal of solid wastes in a manner that will:(1) Protect the public health and welfare;(2) Prevent water or air pollution;(3) Prevent the spread of disease …

(1) As used in this subchapter:(1) (A) “Advanced plastic recycling” means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products, as well as mechanical recycling and …

(a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall …

(a) It shall be illegal for any person:(1) To violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission issued pursuant to this subchapter or of a permit issued under this subchapter by the Division of Environmental Qua…

(a) Except as provided under subsection (b) of this section, a person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violation. (b) (1) A person may file…

(a) The Division of Environmental Quality or its successor shall have the following powers and duties:(1) To administer and enforce all laws and rules relating to solid waste disposal;(2) To advise, consult, and cooperate with appropriate federal, state, interstate, and local uni…

(a) All existing rules of the Arkansas Pollution Control and Ecology Commission relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the commission. (b) All orders entered, permits granted, …

(a) (1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this s…

(a) Any two (2) or more municipalities, counties, or other public agencies may enter into agreements with one another for joint or cooperative action pursuant to a solid waste management system. (b) Any agreement shall specify the following:(1) Its duration;(2) The precise organi…

(a) All municipalities shall provide a solid waste management system which will adequately provide for the collection and disposal of all solid wastes generated or existing within the incorporated limits of the municipality or in the area to be served and in accordance with the r…

(a) (1) Each county of the state is authorized to provide and shall provide a solid waste management system adequate to collect and dispose of all solid wastes generated or existing within the boundaries of the county and outside the corporate limits of any municipality in the co…

(a) The owner or operator of any permitted facility or site shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the Division of …

(a) An applicant for a new permit under this subchapter or the modification or transfer of a permit shall be a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or a solid w…

(a) (1) (A) Except as provided in subdivision (a)(2) of this section, it is illegal for yard waste to be placed in a solid waste management facility solely for the purpose of disposal, except for fugitive amounts of yard waste.(B) A permitted solid waste landfill may collect land…

All rules adopted under this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Sen…

Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state government or the United States Government.

(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203, without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate …

(1) As used in this subchapter, unless the context otherwise requires:(1) “County solid waste collection and disposal system” or “county solid waste management system” means and includes either of the following:(A) A county owned and operated solid waste management and disposal s…

There is established in the State Treasury a fund to be known as the “County Solid Waste Management System Aid Fund”, to consist of such special or general revenues or other moneys that may be deposited therein as provided by the General Assembly, to be used for the purpose of pr…

All of the general revenues and special revenues and other funds deposited into the County Solid Waste Management System Aid Fund during each fiscal year shall be allocated by the Treasurer of State to each of the several counties in the state. The fund shall be distributed to su…

(1) Before any county shall be eligible to receive its portion of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, the county, on or before the first day of the fiscal year, shall furnish the Treasurer of State the following information on f…

If any county fails during any fiscal year to expend an amount of county funds equal to at least fifty percent (50%) of the cost of operating its solid waste management system or uses any of the state funds allocated thereof under the provisions of this subchapter for any purpose…

If any county fails to qualify for its proportionate share of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, then the moneys shall be reapportioned among the various counties which qualify to receive their proportionate share of the fund m…

(a) The moneys saved from Acts 1985, No. 994, which reduced contributions made by the state for state employees who are employed by a state agency funded, in whole or in part, with general revenues, shall be set aside and implemented by the Chief Fiscal Officer of the State and t…

This subchapter shall be cited and known as the “Litter Control Act”.

The purpose of this subchapter is to accomplish the control of litter, inoperative household appliances, and junk motor vehicles throughout the state by regulating their disposal. The intent of this subchapter is to add to existing litter control, removal, and enforcement efforts…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Abandoned” means property to which no person claims or exercises right of ownership;(2) “Automobile repair shop” means any business which engages in the repair or servicing of vehicles;(3) “Commercial litt…

(1) All fines collected under §§ 8-6-406 — 8-6-408 shall be deposited as follows:(1) If a municipality or county where the offense occurs is a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., and participates in litter-control programs conducted by …

In addition to all other remedies provided by this subchapter, the Division of Environmental Quality, the Attorney General, the prosecuting attorney of a county where any violation of any provision of this subchapter occurs, or any citizen, resident, or taxpayer of the county whe…

(a) It is unlawful to drop, deposit, discard, or otherwise dispose of litter upon any public or private property in this state or upon or into any river, lake, pond, or other stream or body of water within this state, unless:(1) The property has been designated by the Division of…

(a) A person engaged in commercial or for-hire hauling who operates a truck or other vehicle within this state shall not transport litter, trash, or garbage unless the truck or other vehicle is covered to prevent its contents from blowing, dropping, falling off, or otherwise depa…

(a) It is unlawful for a person to place or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance, or part of a junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance upon the right-of-way of an…