Title 8, Environmental Law

(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…

(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 …

(a) The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances. (b) The division shall:(1) Create a list of properties contaminated through the manufacture of controlled substances;(2) Place a c…

(a) If a law enforcement officer discovers a laboratory for the manufacture of controlled substances or arrests a person for having equipment used in manufacturing controlled substances on any real property, the law enforcement officer shall at the time of the discovery or arrest…

(a) After property contaminated through the manufacture of controlled substances is remediated and the property owner receives official notification from the Division of Environmental Quality, no person, including the property owner, landlord, and real estate agent, is required t…

Any person who pleads guilty or nolo contendere to or is found guilty of violating § 8-7-1405(d)(7)(D) or § 8-7-1405(d)(7)(E) is guilty of a Class B misdemeanor.

This subchapter may be cited as the “Arkansas Hazardous Waste Management Act of 1979”.

(1) It is the purpose of this subchapter and it is declared to be the policy of this state to:(1) Protect the public health and safety, the health of living organisms, and the environment from the effects of the improper, inadequate, or unsound management of hazardous waste;(2) E…

(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 …

(a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall …

(1) It shall be unlawful for any person to:(1) Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter;(2) Knowingly make any false statement, representation, or certification in any application, record, report, plan, or …

Any person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant thereto shall have a private right of action for relief against such violation.

All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the facility is located.

(a) The Division of Environmental Quality is designated as the official agency for the state for all purposes of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and for the purpose of such other state or federal legislation as may be enacted to assis…

(a) The Division of Environmental Quality shall have the following powers and duties:(1) To administer and enforce all laws and rules regarding hazardous waste management;(2) To conduct and publish such studies of hazardous waste management in this state as shall be deemed approp…

(a) All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the Arkansas Poll…