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Arkansas Statutes, Title 8

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Arkansas/Statutes

← All Arkansas coverage

Title 8, Environmental Law

15 chapters · 541 sections in this title.

All chapters in Title 8541 Ch 6, Disposal of Solid Wastes and Other R…167 Ch 7, Hazardous Substances133 Ch 4, Arkansas Water and Air Pollution Con…58 Ch 9, Recycling44 Ch 5, Water Pollution Control Facilities33 Ch 1, General Provisions24 Ch 15, Property Assessed Capital Expenditur…21 Ch 10, Pollution Prevention15 Ch 3, Water and Air Pollution Generally11 Ch 2, Environmental Testing9 Ch 8, Interstate Compacts8 Ch 14, Shielded Outdoor Lighting Act7 Ch 12, Natural Resources Damages Trust Fund Act5 Ch 11, Arkansas Environmental Regulatory Fl…3

44 sections·Filtered byTitle 8✕Ch 9✕

Ark. Code Ann. § 8-9-101 Policy
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It is the policy of the State of Arkansas to encourage and promote recycling in order to conserve natural resources, conserve energy, and preserve landfill space. In furtherance of this policy, the State of Arkansas adopts as a goal in the new century the recycling of forty perce…
Ark. Code Ann. § 8-9-102 Construction
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The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the policies and purposes hereof.
Ark. Code Ann. § 8-9-103 Conflict with federal laws
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If any provision of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and su…
Ark. Code Ann. § 8-9-104 Definitions
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(1) As used in this chapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Materials in the recycling process” means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as:(A) Those m…

Ark. Code Ann. § 8-9-105 Penalties and procedures

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(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-…

Ark. Code Ann. § 8-9-202 Powers and duties of the division

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(1) The Division of Environmental Quality shall have the power and duty to:(1) Adopt reasonable rules to effectuate the purposes of this subchapter;(2) Promote public education and public awareness of the necessity of supporting waste reduction and recyclable material recovery as…

Ark. Code Ann. § 8-9-203 Recycling by governmental entities

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(a) Each state agency, state college or university, county, city, and public school, in cooperation with the Division of Environmental Quality and the Compliance Advisory Panel shall:(1) Establish a source separation and recycling program for recyclables generated as a result of …

Ark. Code Ann. § 8-9-204 Purchasing of recyclables by governmental entities

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State agencies, cities, counties, and other governmental entities are encouraged to provide for preferential purchasing of products made from recycled materials or products that may be recycled or reused.

Ark. Code Ann. § 8-9-301 Definitions

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(1) As used in this subchapter:(1) “Label” means a molded, imprinted, or raised symbol on or near the bottom of a plastic product;(2) “Lead-acid battery” means a battery with a core of elemental lead and a capacity of six volts (6v) or more;(3) “Plastic” means any material made o…

Ark. Code Ann. § 8-9-302 Plastic container labeling

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(a) (1) Beginning July 1, 1992, a person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the plastic bottle or rigid plastic container. R…

Ark. Code Ann. § 8-9-303 Lead-acid batteries

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(a) A person selling lead-acid batteries at retail or offering lead-acid batteries for retail sale in the state shall:(1) Accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries from customers, if…

Ark. Code Ann. § 8-9-304 Used motor oil

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The Arkansas Pollution Control and Ecology Commission shall adopt, after notice and public hearing, reasonable rules that are protective of the public health and environment for the collection, storage, and disposal, reuse, or recycling of used motor oil.

Ark. Code Ann. § 8-9-401 Title — Legislative intent — Findings

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(a) This subchapter shall be known and may be cited as the “Used Tire Recycling and Accountability Act”. (b) The purpose of this subchapter is to:(1) Protect the public health and the state's environmental quality by setting and implementing standards to be followed in the haulin…

Ark. Code Ann. § 8-9-402 Definitions

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(1) As used in this subchapter:(1) “Beneficial use” means using a tire or part of a tire:(A) To make another product;(B) To make a component material of another product;(C) As a substitute for a commercial product or material; or(D) As a component to produce an alternative fuel f…

Ark. Code Ann. § 8-9-403 Operation of waste tire sites — Requirements and prohibited activities

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(a) (1) The owner or operator of any waste tire site shall provide the Division of Environmental Quality and the applicable regional solid waste management district with:(A) Information concerning the waste tire site's location and size and the approximate number of tires that ar…

Ark. Code Ann. § 8-9-404 Rim removal fees — Import fees — Commercial generator fees — Definitions

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(a) (1) There is imposed a rim removal fee upon the transaction of removing a tire from a rim that is related to the sale of a replacement tire by a tire retailer.(2) The rim removal fee shall be charged by the tire retailer to a person who:(A) Purchases a replacement tire for a …

Ark. Code Ann. § 8-9-405 Used tire program reimbursements

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(a) The Division of Environmental Quality shall establish the Used Tire Recycling and Accountability Program to:(1) Reimburse used tire programs for used tire transportation, recycling, and disposal costs at a rate not to exceed two dollars and thirty-one cents ($2.31) per used t…

Ark. Code Ann. § 8-9-407 Electronic uniform used tire manifest system

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(a) The following entities shall use the electronic uniform used tire manifest system to accurately report all information related to the collection, transportation, distribution, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale:(1) Use…

Ark. Code Ann. § 8-9-408 Accountability requirements for used tire programs — Business plans

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(a) On or before December 31, 2017, a used tire program that receives funding under this subchapter shall provide the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, with a business plan that establishes its current operating plan and a pr…

Ark. Code Ann. § 8-9-409 Performance and efficiency evaluations

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(a) The Division of Environmental Quality shall develop a system to evaluate and report the performance and efficiency of used tire programs and the Used Tire Recycling and Accountability Program. (b) The evaluation and reporting system shall use the following performance indicat…

Ark. Code Ann. § 8-9-410 Used tire programs

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(a) (1) In order to address efficiency in tire processing, including without limitation transportation, there are created four (4) used tire programs in the state.(2) The four (4) used tire programs created under subdivision (a)(1) of this section are composed as follows:(A) Used…

Ark. Code Ann. § 8-9-411 Tire transporters — Licenses

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(a) A tire transporter shall meet the following requirements to perform or be compensated for any duties under this subchapter related to the administration and operation of a used tire program:(1) Obtain for each vehicle a license;(2) Obtain for each vehicle a tire transporter n…

Ark. Code Ann. § 8-9-412 Additional fees

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(a) A used tire program may charge an additional fee for the collection and recycling of extra-large tires from sources other than registered tire retailers and for any tires in excess of the maximum under § 8-9-414(b)(7). (b) If a used tire program charges an additional fee unde…

Ark. Code Ann. § 8-9-413 Applicability

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(1) The fees imposed by this subchapter shall not apply to:(1) Large retreaded tires;(2) Tires included as part of the equipment of a new vehicle; or(3) Tires included as part of the equipment of a used vehicle if included on the used vehicle at the time of sale and in the sales …

Ark. Code Ann. § 8-9-414 Powers and duties of the Arkansas Pollution Control and Ecology Commission

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(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter. (b) The rules shall:(1) (A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire…

Ark. Code Ann. § 8-9-415 Permitting, licensing, inspections, procedures, enforcement, and penalties

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(a) A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to:(1) All provisi…

Ark. Code Ann. § 8-9-601 Title

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This subchapter shall be known and may be cited as the “Mercury Switch Removal Act of 2005”.

Ark. Code Ann. § 8-9-602 Purpose

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The purpose of this subchapter is to reduce the quantity of mercury in the environment by removing mercury switches from end-of-life vehicles and by creating a collection and recovery program for mercury switches removed from end-of-life vehicles in the State of Arkansas.

Ark. Code Ann. § 8-9-603 Definitions

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(1) As used in this subchapter:(1) “Capture rate” means the annual removal, collection, and recovery of mercury switches as a percentage of the total number of mercury switches available for removal from end-of-life vehicles;(2) “End-of-life vehicle” means a vehicle that is sold,…

Ark. Code Ann. § 8-9-604 Mercury minimization plan

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(a) Every manufacturer of vehicles sold within this state, individually or as part of a group, shall develop in consultation with the Division of Environmental Quality a mercury minimization plan prepared pursuant to this section and shall submit the mercury minimization plan to …

Ark. Code Ann. § 8-9-605 Plan approval and implementation

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(a) (1) Within one hundred twenty (120) days after receipt of a mercury minimization plan, the Director of the Arkansas Department of Environmental Quality, now the Director of the Division of Environmental Quality, shall approve, disapprove, or conditionally approve the entire m…

Ark. Code Ann. § 8-9-606 Removal and proper management of mercury-added vehicle components

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(a) Commencing thirty (30) days after the approval or conditional approval of a mercury minimization plan pursuant to § 8-9-605, a vehicle recycler that sells, gives, or otherwise conveys ownership of an end-of-life vehicle to a scrap recycling facility for recycling shall remove…

Ark. Code Ann. § 8-9-607 Annual reporting

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(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605, and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concernin…

Ark. Code Ann. § 8-9-608 Design for recycling

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(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605, and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concernin…

Ark. Code Ann. § 8-9-609 Rules — Authority of Arkansas Pollution Control and Ecology Commission

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The Arkansas Pollution Control and Ecology Commission may adopt rules to effectuate and implement the purposes and intent of this subchapter and the powers and duties of the Division of Environmental Quality.

Ark. Code Ann. § 8-9-610 Penalties and enforcement

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(a) Any person who violates any provisions of this subchapter or any rule or order issued pursuant to this subchapter shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204. (b) Except as otherwise provided in this subchapter, the procedure …

Ark. Code Ann. § 8-9-801 Title

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This subchapter shall be known and may be cited as the “Arkansas Nuclear Recycling Program”.

Ark. Code Ann. § 8-9-802 Legislative findings

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(1) The General Assembly finds that:(1) In August 2016, the Argonne National Laboratory hosted a delegation from Arkansas, including staff from the Arkansas Economic Development Commission;(2) In January 2017, the Arkansas Alternative Energy Commission issued a recommendation to …

Ark. Code Ann. § 8-9-803 Purpose

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(1) The purpose of this subchapter is to authorize the Department of Energy and Environment to:(1) Protect the public health and the environmental quality of the state by identifying the applicable federal standards for:(A) Shipping spent nuclear fuel into the state and returning…

Ark. Code Ann. § 8-9-804 Creation of program — Authorization to enter into charter

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(1) The Division of Environmental Quality shall establish the Arkansas Nuclear Recycling Program to:(1) Secure a federal charter from the United States Government and receive federal funding for the program as outlined in the Acts 2021, No. 1092, report submitted to the House Com…

Ark. Code Ann. § 8-9-805 Reporting — Hearings

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(a) Upon completion of the analysis of the technical and economic feasibility and commercial viability requirements in § 8-9-804, the Division of Environmental Quality shall present a report on the results of the analysis to the Legislative Council. (b) The Legislative Council sh…

Ark. Code Ann. § 8-9-806 Public outreach and education

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(1) The University of Arkansas, with direction and assistance from the federal charter under § 8-9-804, shall:(1) Develop and implement a public outreach and education program to the sites selected within Arkansas to gather public opinion on the construction and operation of a sp…

Ark. Code Ann. § 8-9-807 Construction and operation

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(1) The entities under the federal charter under § 8-9-804 shall be responsible for the construction and operation of the spent nuclear fuel interim storage and recycling facility and through the use of federal funds shall:(1) Receive the design documentation completed under § 8-…

Ark. Code Ann. § 8-9-808 Applicability

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This subchapter applies only to the interim storage and recycling of spent nuclear fuel from commercial nuclear reactors, university nuclear reactors, and other research or government-operated nuclear reactors under this subchapter.