Title 8 — Environmental Law

(a) If the regional solid waste management board pledges rates, fees, and charges, then for as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the regional solid waste management district as to provide revenues sufficient:(1) To pay…

Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this subchapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, act…

Bonds issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Provided, however, that nothing in this subchapter shall preclude a regional solid…

All properties at any time owned by the regional solid waste management district and the income therefrom shall be exempt from all taxation in the State of Arkansas.

(a) Any municipality or any board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustee…

Any municipality or county may acquire facilities for a project, or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to the regional solid waste management district by sale, lease, or gift. The transfer may …

(1) As used in this subchapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “License” means a certificate of competency issued by the Director of the Division of Environmental Quality to solid waste management facility operators who have met th…

(a) Any person who violates any provision of this subchapter or of any rule or order issued pursuant thereto, shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (b) Except as otherwise pro…

(a) It shall be illegal for any county, municipality, governmental subdivision, public or private corporation, or other person to operate a solid waste management facility unless the competency of the operator is duly licensed by the Director of the Division of Environmental Qual…

(a) (1) There is created the “Solid Waste 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 five (5) votin…

(a) The Arkansas Pollution Control and Ecology Commission, with the advice and assistance of the licensing committee, is given and charged with the power and duty to adopt rules implementing and effectuating such powers and duties of the Division of Environmental Quality and the …

(a) The Arkansas Pollution Control and Ecology Commission shall classify solid waste management facility operator licenses, taking into account the type and complexity of the solid waste management facility, the character and volume of waste managed, the skill, knowledge, and exp…

All operators in responsible charge of public and private solid waste management facilities shall be duly licensed and certified as competent by the Director of the Division of Environmental Quality under the provisions of this subchapter and under such rules as the Arkansas Poll…

(a) (1) The Director of 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 thereto.(2) Licenses shall be granted according to the classific…

(a) 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. These fees to be assessed per classification of certification shall not exceed fifty dollars ($50.00) for the in…

The provisions of this subchapter shall be known and may be cited as the “Public Employees' Chemical Right to Know Act”.

(a) The General Assembly finds that the proliferation and variety of hazardous chemicals present in government employment may affect the health, safety, and welfare of public employees of the State of Arkansas. (b) The General Assembly also finds that most private employers, in c…

(a) As used in this subchapter:(1) “Chemical manufacturer” means an employer with a workplace where chemicals are produced for use or distribution;(2) “Distributor” means a business, other than a chemical manufacturer or importer, which supplies hazardous chemicals to other distr…

(1) Each public employer shall do the following:(1) Post adequate notice, as provided by the Department of Labor and Licensing, at locations where notices are normally posted, informing public employees about their rights under this subchapter;(2) Ensure proper hazardous chemical…

(a) Existing labels on containers of hazardous chemicals shall not be removed or defaced. (b) (1) If a public employer transfers a hazardous chemical from the original container to another container, the public employer shall reproduce or otherwise place on the container to which…

(a) Chemical manufacturers and distributors shall provide public employers which purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material…

(a) Each public employer shall compile and maintain a workplace chemical list which shall contain the following information for each hazardous chemical normally used, generated, or stored in the workplace in an amount equal to or greater than fifty-five gallons (55 gals.) or five…

(a) Each public employer shall provide an information and training program for its public employees as defined in § 8-7-1003. Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received …

(a) The Secretary of the Department of Labor and Licensing or his or her designee shall develop and give each public employer a suitable form of notice providing public employees with information regarding their rights under this subchapter. (b) The secretary or his or her design…

(a) As used in this section, unless the context otherwise requires:(1) “Discharge” means spillage, leakage, seepage, fire, explosion, or other release; and(2) “Hazardous materials” means all materials and substances which are designated or defined as hazardous by law or rule of t…

(a) Public employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list, material safety data sheets for the hazardous chemicals on the workplace chemical list, and information and training as provided…

(a) The Secretary of the Department of Labor and Licensing or his or her designee may promulgate rules in accordance with the provisions of §§ 11-2-110, 11-2-112, and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the…

(a) A public employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from a material safety data sheet or workplace chemical list only if all the following conditions are met:(1) The claim that t…

(a) Complaints received orally or in writing from public employees, their designated representatives, or public employers related to alleged violations of this subchapter shall be investigated in a timely manner by the Secretary of the Department of Labor and Licensing or his or …

(a) If the Secretary of the Department of Labor and Licensing or his or her designee determines that a public employer has violated a provision of this subchapter, the secretary or his or her designee shall issue an order to the official responsible for performing the duties requ…

(a) Any citizen denied the rights granted to him or her by this subchapter may commence a civil action against a public employer or responsible official of a public employer in the Pulaski County Circuit Court or the circuit court of the residence of the aggrieved party, if an ag…

The provision of information to a public employee pursuant to the provisions of this subchapter shall not be construed to affect the liability of a public employer with regard to the health and safety of a public employee or other persons exposed to hazardous chemicals, nor shall…

(1) The General Assembly finds and declares as follows:(1) The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmla…

(a) As used in this subchapter:(1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Divis…

(a) The Division of Environmental Quality shall have authority regarding a voluntary response program to provide the following:(1) Opportunities for technical assistance for voluntary response actions;(2) Adequate opportunities for public participation, including prior notice and…

(a) This section applies:(1) To a person who:(A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination;(B) Is a prospective purchaser of abandoned residential property;(C) Did not by act or omission cause…

This subchapter may be known and may be cited as the “Abandoned Agricultural Pesticide Disposal Act”.

It is the purpose of this subchapter to protect the citizens of the state and the environment by providing for the safe and proper disposal of abandoned pesticides used in agriculture and for other uses. Furthermore, it is the purpose of this subchapter to authorize the Departmen…

(1) As used in this subchapter:(1) “Abandoned” means chemicals which are no longer used and for which there is no planned use;(2) [Repealed.](3) “Contractor” means a person who provides services for a fee involving the disposal of abandoned pesticides;(4) “Fund” means the Abandon…

A.C.A. § 8-7-1204Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(1) The Department of Agriculture shall have the following powers and duties:(1) To identify any abandoned pesticides which shall be excluded from the collection and disposal program;(2) To advise and make recommendations to the State Plant Board regarding projects for collecting…

(a) (1) Moneys received into the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund shall be from gifts, grants, or funds from entities other than the State Plant Board and from a fee not to exceed one hundred dollars ($100) established by rule by the board …

This subchapter shall be known and may be cited as the “Phase I Environmental Site Assessment Consultant Act”.

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a certification program to maintain a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I env…

(1) As used in this subchapter:(1) “Person” means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or the United States Government or agency, or any other legal entity however organized;(2) “Phase I consulta…

(a) The Division of Environmental Quality shall maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as “all appropriate in…

(a) (1) Under rules promulgated by the Arkansas Pollution Control and Ecology Commission, the Division of Environmental Quality may assess fees to Phase I consultants who apply to be placed on the list maintained under § 8-7-1304.(2) Fees shall be reasonable and appropriate and s…

This subchapter shall be known and may be cited as the “Controlled Substances Contaminated Property Cleanup Act”.

(a) (a) The Division of Environmental Quality shall:(1) Establish and administer a certification program to:(A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufact…

(a) If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of …