Title 8, Environmental Law

No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the larg…

(a) No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comp…

(1) No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to:(1) Evidence of liability insurance in…

(a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently app…

Any permit issued under §§ 8-7-215 — 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter.

Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith upon written appli…

No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the …

(a) (1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste.(2) The rules shall be consistent with applicable rules and regulations …

(a) The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subc…

(a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to oper…

(a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or …

This subchapter may be cited as the “Arkansas Resource Reclamation Act of 1979”.

(1) The General Assembly finds and it is declared that:(1) The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public…

(1) The General Assembly declares that it is the policy of this state and the purpose of this subchapter to:(1) Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those fo…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any …

This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et …

(a) It is unlawful for a person to:(1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;(2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality purs…

(1) The Division of Environmental Quality shall have the following powers and duties:(1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the p…

Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§ 8-4-222 — 8-4-229.

This subchapter may be known and may be cited as the “Remedial Action Trust Fund Act”.

(a) It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances necessary to protect the public health and the environment, including funds require…

(1) As used in this subchapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Federal act” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510;(3) “Fund” means the Hazardous Substance Remed…

(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.…

(1) 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 filed or required by this subchapter or the …

The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this…

Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substanti…

(a) (1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed…

(a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action T…

No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub.…

(a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous su…

(a) Any of the following shall be liable to the state for all costs of remedial action or removal actions under this subchapter:(1) The owner and operator of a facility;(2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance…

(a) (1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512, 8-7-514, 8-7-515, and 8-7-517 which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required…

(a) After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal action or remedial action, the Division of Environmental Quality shall institute action to recover the expenditure from the person or persons liable for causing the release of the hazar…

(1) No person, including the state, may recover under the authority of this section for any remedial action or removal action costs or damages resulting:(1) From the application, in accordance with label directions of a pesticide product registered under the Federal Insecticide, …

(a) If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien a…

If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide remedial action or removal action upon order of the Division of Environmental Quality, the person may be liable to the state for punitive dam…

(a) On or before April 1 of each year, the following persons shall report the total amount of such hazardous waste generated or accepted to the Director of the Division of Environmental Quality, except as provided in this section, on forms prescribed by the Division of Environmen…

An appeal may be taken from any final order of the Division of Environmental Quality under this subchapter as provided in §§ 8-4-202, 8-4-210, 8-4-212—8-4-214, 8-4-218, 8-4-219, and 8-4-221 — 8-4-229 and in accordance with rules promulgated by the Arkansas Pollution Control and E…

(a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable fo…

(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508, the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to t…

(a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicia…

(a) The purposes of this section are:(1) To promote the reuse and recycling of scrap material in Arkansas while protecting human health and the environment;(2) To promote the goals of the Arkansas Pollution Prevention Act, § 8-10-201 et seq., and related Arkansas legislation inte…

On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund [abolished] shall be made payable from the Hazardous Substance Remedial Action Trust Fund.

(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…

(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…

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…