Title 8 — Environmental Law
15 chapters · 561 sections in this title.
Ark. Code Ann. § 8-7-601 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Above-ground facility” means any facility which has a substantial portion of its structure above ground; and(2) “Low-level radioactive waste” means radioactive material that:(A) Is not high-level radioacti…
Ark. Code Ann. § 8-7-602 Disposal or storage in above-ground facilities
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(a) In the event that low-level radioactive waste is required to be disposed of or stored in the State of Arkansas, the low-level radioactive waste shall be disposed of or stored only in an above-ground facility. (b) An above-ground facility shall be so designed, constructed, and…
Ark. Code Ann. § 8-7-603 Approval and issuance of permits
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Neither the Division of Environmental Quality nor any other agency or authority having the responsibility for approving and issuing permits for facilities for the disposal or storage of low-level radioactive waste in this state shall have the authority to approve or issue a permi…
Ark. Code Ann. § 8-7-604 Compact provisions controlling
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The implementation of this subchapter will not affect Arkansas's continued membership in the Central Interstate Low-Level Radioactive Waste Compact Commission. If any provision of this subchapter is in conflict with the provisions of the Central Interstate Low-Level Radioactive W…
Ark. Code Ann. § 8-7-701 Legislative intent
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The purpose of this subchapter is to encourage response actions at federally listed hazardous sites, to facilitate agreements related to property access and use to implement response actions at federally listed hazardous sites, to discourage activities that interfere with or obst…
Ark. Code Ann. § 8-7-702 Definitions
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(1) As used in this subchapter:(1) “Hazardous site” means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by…
Ark. Code Ann. § 8-7-703 Interference by passive-site owners
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(a) No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site. (b) Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting fr…
Ark. Code Ann. § 8-7-704 Injunction
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The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site.
Ark. Code Ann. § 8-7-705 Restrictions on use of hazardous substances
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Construction on or at a hazardous site and the use of such hazardous site for any residential, commercial, manufacturing, industrial, or recreational purposes shall be prohibited unless and until the Division of Environmental Quality issues an order terminating, wholly or partial…
Ark. Code Ann. § 8-7-706 Ad valorem tax exemption
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Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wh…
Ark. Code Ann. § 8-7-707 Director and officer liability
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No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related t…
Ark. Code Ann. § 8-7-801 Definitions
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(1) As used in this subchapter:(1) (A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twe…
Ark. Code Ann. § 8-7-802 Division and commission — Powers and duties
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(a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties:(1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subc…
Ark. Code Ann. § 8-7-803 Rules generally
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Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency.
Ark. Code Ann. § 8-7-804 Procedures generally
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The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related mat…
Ark. Code Ann. § 8-7-805 License requirement
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(a) It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Division of Environmental Quality. (b) (1) Furthermore, no licensee shall install, remove, repair, close, upgrade, …
Ark. Code Ann. § 8-7-806 Penalties — Enforcement
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(a) It shall be unlawful for any person:(1) To violate any provision of this subchapter or any rule adopted under this subchapter;(2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapt…
Ark. Code Ann. § 8-7-807 Responsibility and liability of owner
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(a) (1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the …
Ark. Code Ann. § 8-7-808 Regulated Substance Storage Tank Program Fund
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There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Regulated Substance Storage Tank Program Fund”. Such Regulated Substance Storage Tank Program Fund shall consist of feder…
Ark. Code Ann. § 8-7-809 Corrective actions — Orders of director
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(a) Nothing in this subchapter or the rules promulgated under this subchapter shall prevent any person from undertaking corrective action which would provide reasonable protection of public health and safety and the environment. (b) (1) Notwithstanding any other provisions of thi…
Ark. Code Ann. § 8-7-810 Insurance pools
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(a) Owners or operators of storage tanks who are unable to demonstrate financial responsibility in the minimum amounts specified by the Division of Environmental Quality may establish an insurance pool in order to demonstrate such financial responsibility. (b) (1) The formation a…
Ark. Code Ann. § 8-7-811 Trade secrets
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(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department’s or division’s employees in the administration of this subchapt…
Ark. Code Ann. § 8-7-812 Subchapter controlling over other laws
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(a) This subchapter shall supersede and preempt all local government laws, ordinances, rules, and regulations pertaining to underground storage tanks, except for any applicable local building permit or fire code requirements pertaining to installation of underground storage tanks…
Ark. Code Ann. § 8-7-813 Registration
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(a) Except as provided under subsections (e) and (f) of this section, all owners and operators of storage tanks shall register their storage tanks as required by federal regulations and in accordance with the rules adopted under this subchapter. (b) (1) Except as provided under s…
Ark. Code Ann. § 8-7-814 Delivery prohibition
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(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit. (b) The Arkansas Pollution Control…
Ark. Code Ann. § 8-7-815 [Repealed.]
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A.C.A. § 8-7-815Current 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. § 8-7-816 Secondary containment
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(a) (1) Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks.(2) In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected …
Ark. Code Ann. § 8-7-817 Operator training
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(a) All operators of underground storage tank systems shall complete training in the operation and maintenance of underground storage tank systems in accordance with rules promulgated under this section. (b) For purposes of compliance with this section, the following persons shal…
Ark. Code Ann. § 8-7-901 Title
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This subchapter may be known and may be cited as the “Petroleum Storage Tank Trust Fund Act”.
Ark. Code Ann. § 8-7-902 Definitions
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(1) As used in this subchapter:(1) (A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hund…
Ark. Code Ann. § 8-7-903 Rules — Powers of division
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(a) The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter. (b) The Arkansas…
Ark. Code Ann. § 8-7-904 Advisory committee
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(a) (1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members:(A) A representative from the property and casualty segment of the insurance industry;(B) A representative from a company that is a refiner and also has service …
Ark. Code Ann. § 8-7-905 Petroleum Storage Tank Trust Fund
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(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Petroleum Storage Tank Trust Fund”, hereinafter referred to as the “fund”. (b) The fund will be administered by the Director…
Ark. Code Ann. § 8-7-906 Petroleum environmental assurance fee
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(a) There is established a petroleum environmental assurance fee to be paid, except as provided in subsection (c) of this section, on each gallon of motor fuel or distillate special fuel purchased in or imported into this state. (b) The fee shall be paid by the first distributor …
Ark. Code Ann. § 8-7-907 Payments for corrective action
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(a) (1) (A) A payment for corrective action shall not be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended the deductible set by the rule of the Arkansas Pollution Control and Ecology Commission on corrective action for the occurrence, excep…
Ark. Code Ann. § 8-7-908 Third-party claims
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(a) (1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims fo…
Ark. Code Ann. § 8-7-909 Confidential treatment of information
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(a) Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division's or department’s employees in the administration of this subchapter, except release data, shall be kept confidential upon a showi…