Title 8, Environmental Law

It shall be unlawful for any municipality, governmental subdivision, public or private corporation, or other person to operate a public or private wastewater treatment plant unless the competency of the operator is duly licensed by the Division of Environmental Quality under the …

(a) (1) There is created and established the “Wastewater Licensing Committee” to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program.(2) The committee shall be composed of…

(a) The Division of Environmental Quality or its successor shall be charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the licensing committee, and is given and charged with the following powers and duties:(1) To cond…

(a) The Arkansas Pollution Control and Ecology Commission shall, through rules, classify all wastewater treatment plants, taking into account:(1) The size, type, and complexity of the wastewater treatment plant;(2) The character and volume of wastewater treated;(3) The population…

In order to safeguard the public health and protect the waters of this state from pollution, all operators in responsible charge of public or private wastewater treatment plants shall be duly licensed and certified as competent by the Division of Environmental Quality under the p…

(a) The Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant to this subchapter. Licenses shall be granted according to the classification of was…

(a) (1) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter.(2) (A) Licensing and examination fees shall be set forth by rule.(B) However, the licensing and examination …

(a) (1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produce…

Any person violating the provisions of § 8-5-501 shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned not less than thirty (30) days nor more than one (1) year, or…

(a) Should any individual, partnership, corporation, or employee knowingly or negligently cause, let, or permit salt water to flow, seep, or otherwise escape from the leased premises, the rights of the party to claim tax deductions or credits under §§ 8-5-501, 8-5-502, 26-58-201 …

Should the water of any stream of this state have more than two hundred fifty parts per million (250 ppm) of chlorides as a result of a violation of this subchapter, then the Arkansas Pollution Control and Ecology Commission shall seek to learn of the source of the pollution and …

This subchapter shall be known and cited as the “Arkansas Privatization Act”.

The General Assembly declares that the policy of this state is to assure its citizens adequate public services, particularly wastewater projects, and solid waste disposal projects, at reasonable cost, and that such services are essential to the maintenance and general welfare of …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Chief executive” means the mayor of a municipality, the county judge of a county, or the chair of an improvement district, commission, agency, or similar body;(2) “Clerk” means the city clerk or town recor…

(a) This subchapter shall be construed liberally to effect its purposes and neither this subchapter nor anything contained in this subchapter is or shall be construed as a restriction or limitation upon any powers which any local government or private owner or operator might othe…

This subchapter does not apply to the disposition of surplus property by a local government, nor to any other action of a local government which is not connected with a privatization contract.

(a) Any local government may enter into a privatization contract with a private owner or operator to accomplish the transfer of any local government-owned wastewater project or solid waste disposal project or the designing, construction, operation, maintenance, or financing of co…

(a) (1) In connection with a privatization contract, a local government, if authorized by ordinance of its governing body, may enter into one (1) or more service agreements with a private owner or operator pursuant to which the private owner or operator will provide one (1) or mo…

The privatization contract or the service agreement may be assigned by either party to secure the performance of any obligation in connection with the financing of the construction or operation of a wastewater project or solid waste disposal project.

The privatization contract, the service agreement, and any other purchase by the local government in connection with the privatization contract shall not be subject to the provisions of §§ 14-22-101 — 14-22-115, 14-58-201 — 14-58-203, 14-58-301 — 14-58-303, 14-58-305, 14-58-306 […

The service agreement, the privatization contract, the charges and rates for sewer or other service, and private owners or operators shall not be subject to Acts 1935, No. 324, as amended, and § 23-4-201, and shall be exempt from the jurisdiction of the Arkansas Public Service Co…

No income, sales, use, ad valorem, or other tax, assessment, or license shall be levied upon or collected with respect to any property which is held by or purchased by a private owner or operator for the public purpose of performing a privatization contract or a service agreement…

For purposes of any other law, including without limitation, the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq., “facilities” or a similar term includes a wastewater project or solid waste disposal project as those terms are defined in t…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Chronic noncompliance” means conditions described in this subchapter that persist at a common sewage system after reasonable efforts by the Division of Environmental Quality to obtain compliance with appli…

(a) The Division of Environmental Quality may petition a circuit court with competent jurisdiction and proper venue to remedy chronic violations by any common sewage system. (b) The circuit court may order any relief authorized by applicable laws, including:(1) The imposition of …

(a) (1) (A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum pe…

The General Assembly hereby finds that many areas of the state would benefit from long-term environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages a…

(1) As used in this subchapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Long-term improvement project” or “project” means any remediation or reclamation project at closed or abandoned:(A) Mineral extraction sites;(B) Solid waste management…

(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum:(1) A description of the water body or stream segment affe…

(a) The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall esta…

At the end of the long-term improvement project, the post-project water quality standards shall be in full force and effect.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Landfill” means a landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except a landfill where a…

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Landfill Post-Closure Trust Fund”.(2) In addition to all moneys appropriated by the General Assembly to the fund, …

(a) (1) In addition to any other fee provided by law, there is imposed on each landfill permittee a landfill disposal fee of fifteen cents (15¢) for each uncompacted cubic yard of solid waste and thirty cents (30¢) for each compacted cubic yard of solid waste received at the land…

(1) Fees imposed pursuant to the provisions of this subchapter shall be collected as follows:(1) Each landfill permittee and each solid waste transporter shall submit to the Division of Environmental Quality on or before January 15, April 15, July 15, and October 15 of each year …

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality shall provide grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act…

(1) The General Assembly finds that:(1) A growing number of regional solid waste management districts within the state are facing difficulty in funding the necessary costs of post-closure care of landfills owned by the districts; and(2) Without post-closure care of landfills, irr…

(1) A landfill of any class that receives moneys from the Division of Environmental Quality from the Landfill Post-Closure Trust Fund for remediation or closure shall remain closed and unavailable to receive solid waste until the following conditions are met:(1) Full reimbursemen…

(1) The General Assembly makes the following findings:(1) As of July 30, 1990, the landfill capacity in Arkansas stood at about four and three-tenths (4.3) years of landfill life for sixty-three (63) municipal solid waste landfills;(2) The present landfill capacity in the State o…

(a) As directed by Acts 1989, No. 870, the Arkansas Solid Waste Fact Finding Task Force [expired] has presented its findings and proposals. The task force report identifies serious and chronic deficiencies in how solid waste is managed in this state. The report is accompanied by …

(1) As used in this subchapter:(1) “Board” means a regional solid waste management board established pursuant to § 8-6-701 et seq., or a successor board to the powers of the board;(2) “Commission” means the Arkansas Pollution Control and Ecology Commission;(3) “District” means a …

In any instance in which a landfill has a useful life of less than one and one-half (1½) years, the Director of the Division of Environmental Quality may authorize any city utilizing that landfill to transport solid waste outside the boundaries of the regional solid waste managem…

(a) This section shall apply until the later of:(1) July 1, 1992; or(2) Until the capacity of landfills in both the regional solid waste management district and the state reach a ten-year capacity. (1) July 1, 1992; or (2) Until the capacity of landfills in both the regional soli…

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing standards and promulgating rules by the Arkansas Pollution Control and Ecology Commission for the disposal of potentially harmful materials, specifically incinerat…

The provisions of this subchapter shall not apply to persons who produce incinerator ash with an input capacity of twelve (12) tons of materials or less per day or to a manufacturing facility which utilizes solid waste generated on the premises of that manufacturing facility in i…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Incinerator ash” means any tangible residue resulting from the incineration of solid waste;(2) “Monofill” means a waste disposal facility specifically designed for the sole disposal of incinerator ash;(3) …