Title 15 — Natural Resources and Economic Development

(a) The Director of the Liquefied Petroleum Gas Board or any inspector of the Liquefied Petroleum Gas Board is authorized to temporarily suspend the certificate of competency of any person subject to this chapter if it shall be determined that the person, while engaged in liquefi…

(a) The Governor of the State of Arkansas may join with the governor of any other state in declaring a liquefied petroleum gas shortage emergency. (b) When the declaration is issued, liquefied petroleum gas trucks and operators meeting all certification, permit, and licensing req…

(a) In addition to any other penalty provided in this chapter, any person who violates any provision of this chapter, or any rule pertaining thereto, shall pay to the Liquefied Petroleum Gas Board a civil penalty of not more than five thousand dollars ($5,000) for each offense. (…

All class one permit application approvals must have all prerequisites met and the permit issued within six (6) months of approval by the Liquefied Petroleum Gas Board. If not issued within six (6) months of approval, the application will be returned to the applicant and a new ap…

The vapor pressure of any gases delivered for use in any container shall not exceed, at one hundred degrees Fahrenheit (100°F), the allowable pressure for gas to be used in the container as fixed by the manufacturer.

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used in the transportation or storage of a liquefied petroleum gas mixture known as butane gas shall be designed and constructed to withstand an internal pressure of not less t…

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used for the storage or transportation of a liquefied petroleum gas mixture known as propane gas shall be designed and constructed to withstand an internal pressure of not less…

(a) Each container used for the storage or transportation of liquefied petroleum gases for distribution or resale shall be inspected at least once annually. (b) Each container which is to be used or connected as a part of a plant or to a system for the utilization of liquefied pe…

(a) No person shall use, install, or operate or cause to be used, installed, or operated any container or system until approved by the Liquefied Petroleum Gas Board. (b) No person shall sell, service, or deliver any gases for use in any container or system prior to approval of th…

(a) If a liquefied petroleum gas container shall bear upon the surface thereof in plainly legible characters the name, mark, initials, or other identifying device of the owner thereof, it shall be unlawful for any person except the owner or a person authorized in writing by him o…

(a) Each person, corporation, partnership, association, or other entity engaging in the business of selling liquefied petroleum gas at retail in the state shall furnish within the first twenty (20) days of each calendar month to each retail customer in the state having a credit b…

(a) It shall be unlawful for any firm, person, corporation, or individual to dispose of salt water produced in conjunction with the production of oil or gas into any of the streams, lakes, ponds, and other surface waters of the state from any oil or gas pools or fields. It is the…

(a) Corporations may be created in this state for the purpose of gathering, storing, impounding, or otherwise disposing of salt water produced in the drilling and operation of oil wells in this state and to prevent the flow of such water into the streams of this state. Such corpo…

(1) It is declared to be in the public interest to:(1) Foster, encourage, and promote the development and production in the state of the natural resource of brine;(2) Authorize and provide for the operation and development of brine properties in such a manner that the greatest ul…

(1) As used in this subchapter:(1) “Aquifer” means any subsurface geological interval in which brine may lie or from which brine is being produced and saved or sold for the primary purpose of extracting chemical substances contained in the subsurface geological interval;(2) (A) “…

(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five hundred dollars ($500) or imprisonment for a term of not more than six (6) months, or to both fine and imprisonment…

(a) Whenever it shall appear that any person is violating, or threatening to violate, any provision of this subchapter or any rule or order made thereunder by any act done in the operation of any well for the production of brine or the injection of effluent into an aquifer for di…

(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof or against the Attorney General or against any agent, employee, or representative of the commission restraining the commission or any of its members…

(a) The Oil and Gas Commission shall have jurisdiction of and authority over all persons and property necessary to administer and enforce effectively the provisions of this subchapter. (b) The commission shall have the authority and it shall be its duty to make inquiries it deems…

(a) The Oil and Gas Commission shall prescribe its rules of order and procedure with respect to all hearings or proceedings hereunder in accordance with and as limited by the laws of this state applicable to hearings and proceedings before the commission under other acts of this …

(a) (1) All producers, as defined in § 15-76-302, may make application to the Oil and Gas Commission for the establishment of brine production units and brine expansion units.(2) Each application shall be scheduled for public hearing by the commission to be held no later than the…

(1) A petition for formation of a brine production unit or a brine expansion unit may be filed by a producer and shall contain the following:(1) A description of the proposed brine production unit or brine expansion unit;(2) A statement of the plan of development and operation of…

(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 — 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed an…

(1) The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include:(1) A description of the area included within such a brine production unit or a brine expansion unit;(2) The surface area of each tract in the proposed unit;(3) A p…

(a) Any owner of an interest in a tract which is adjacent to a brine production unit formed by the Oil and Gas Commission and which is not included in that unit may petition the commission to have the tract included in the unit, and the commission shall issue its order after reas…

(a) The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as op…

(a) (1) Upon the establishment of a unit, each owner of an unleased interest in the unit shall elect within sixty (60) days from the effective date of the order establishing the unit either to participate affirmatively in the operation of the unit and the production of brine or t…

(a) (1) (A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of …

The portion of brine produced from a unit created under this subchapter and allocated to any particular tract shall be deemed, for all purposes, to have been actually produced from that tract, and operations for the production of brine from any part of the unit conducted pursuant…

(a) The liability of each owner in a unit for the payment of unit expenses shall at all times be several and not joint or collective. (b) In no event shall an owner in a unit be chargeable with, directly or indirectly, more than the amount charged to his or her interests in such …

(a) Before any well shall be drilled either in search of brine or for the injection of effluent, the person desiring to drill the well shall notify the Oil and Gas Commission upon the form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or the…

(a) Each abandoned well shall be plugged in the manner and within the time required by rules prescribed by the Oil and Gas Commission, and the owner of the well shall give notice, upon the form the commission may prescribe, of the owner's intention to abandon any well. (b) No wel…

The formation of a brine production unit or brine expansion unit as provided in this subchapter and the operation of the unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations…

(a) Any interested person adversely affected by any provisions of this subchapter or by any rule or order made by the Oil and Gas Commission hereunder, or by any act done or threatened hereunder, and who has exhausted his or her administrative remedy, may obtain court review and …

In all proceedings brought under authority of this subchapter or of any rule or order issued hereunder, and in all proceedings instituted for the purpose of contesting the validity of any provisions of this subchapter or of any rule or order issued hereunder, appeals may be taken…

(a) The Oil and Gas Commission is empowered to issue subpoenas for witnesses, to require their attendance in the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the commission as may be material upon questions la…

(a) Nothing contained in this subchapter shall affect the jurisdiction of the Division of Environmental Quality over owners or producers of brine or the processing and disposal of brine with respect to water or air pollution control or other matters within its jurisdiction or the…