Title 8 — Environmental Law
15 chapters · 561 sections in this title.
Ark. Code Ann. § 8-7-1404 Recordkeeping required
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(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…
Ark. Code Ann. § 8-7-1405 Notice — Cleanup — Residual contamination
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(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…
Ark. Code Ann. § 8-7-1406 Remediated property
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(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…
Ark. Code Ann. § 8-7-1407 Penalties
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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.
Ark. Code Ann. § 8-7-201 Title
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This subchapter may be cited as the “Arkansas Hazardous Waste Management Act of 1979”.
Ark. Code Ann. § 8-7-202 Purpose
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(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…
Ark. Code Ann. § 8-7-203 Definitions
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(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 …
Ark. Code Ann. § 8-7-204 Criminal, civil, and administrative penalties
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(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 …
Ark. Code Ann. § 8-7-205 Unlawful actions
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(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 …
Ark. Code Ann. § 8-7-206 Private right of action
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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.
Ark. Code Ann. § 8-7-207 Venue for legal proceedings
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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.
Ark. Code Ann. § 8-7-208 Official agency for program and agreements
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(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…
Ark. Code Ann. § 8-7-209 Powers and duties of the division and commission generally
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(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…
Ark. Code Ann. § 8-7-210 Existing rules, etc
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(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…
Ark. Code Ann. § 8-7-211 Variances, waivers, or extensions
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When the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and Ecology Commission, would cause undue or unreasonable hardship to any person and not cause substantially adverse environmental eff…
Ark. Code Ann. § 8-7-212 Considerations in administration
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(a) In administering the provisions of this subchapter, the Division of Environmental Quality may adopt and give appropriate effect to variations within this state in climate, geology, population density, and such other factors as may be relevant to the management of hazardous wa…
Ark. Code Ann. § 8-7-213 Procedure generally
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The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related mat…
Ark. Code Ann. § 8-7-214 Emergency order for imminent hazard
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(a) (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to…
Ark. Code Ann. § 8-7-215 Permits — Requirement
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(a) No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat, or dispose of any hazardous waste without first obtaining a permit from the Division of Environmental Quality for the faci…
Ark. Code Ann. § 8-7-216 Permits — Issuance generally — Interim operations
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(a) A permit shall be issued under such terms and conditions as the Division of Environmental Quality may prescribe under this subchapter and under the terms and conditions the Arkansas Department of Transportation may prescribe for the transportation of hazardous waste. (b) (1) …
Ark. Code Ann. § 8-7-217 Permits — Notice of hearing
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No permit shall be issued by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous waste treatment, storage, or disposal facility unless thirty (30) days' advance notice of a hearing has been placed in the larg…
Ark. Code Ann. § 8-7-218 Permits — Compliance with subchapter, state and federal standards, regulations, etc
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(a) No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comp…
Ark. Code Ann. § 8-7-219 Permits — Commercial facilities — Terms and conditions
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(1) No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to:(1) Evidence of liability insurance in…
Ark. Code Ann. § 8-7-220 Permits — Duration — Renewal
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(a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years from the date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently app…
Ark. Code Ann. § 8-7-221 Permits — Revocation
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Any permit issued under §§ 8-7-215 — 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter.
Ark. Code Ann. § 8-7-222 Permits — Hearing upon denial, revocation, or modification
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Any person who is denied a permit by the Director of the Division of Environmental Quality or who has such permit revoked or modified shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith upon written appli…
Ark. Code Ann. § 8-7-223 Location of landfill
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No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the …
Ark. Code Ann. § 8-7-224 Rules for transporting hazardous waste
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(a) (1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste.(2) The rules shall be consistent with applicable rules and regulations …
Ark. Code Ann. § 8-7-225 Records and examinations
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(a) The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subc…
Ark. Code Ann. § 8-7-226 Fees — Fund established
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(a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by rule a schedule of fees to recover the costs of processing permit applications and permit renewal proceedings, on-site inspections and monitoring, the certification of personnel to oper…
Ark. Code Ann. § 8-7-227 Corrective action at permitted facilities and interim status facilities
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(a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the hazardous waste treatment, storage, or …
Ark. Code Ann. § 8-7-301 Title
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This subchapter may be cited as the “Arkansas Resource Reclamation Act of 1979”.
Ark. Code Ann. § 8-7-302 Legislative findings
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(1) The General Assembly finds and it is declared that:(1) The disposal of hazardous waste, although currently necessary for certain forms of hazardous waste, represents an inefficient use of natural resources and may present long-term threats to the environment and to the public…
Ark. Code Ann. § 8-7-303 Policy and purpose
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(1) The General Assembly declares that it is the policy of this state and the purpose of this subchapter to:(1) Establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those fo…
Ark. Code Ann. § 8-7-304 Definitions
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(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 …
Ark. Code Ann. § 8-7-305 Exception to provisions
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This subchapter does not apply to an industrial waste treatment facility that discharges into a publicly owned treatment works if the industrial waste treatment facility and publicly owned treatment works comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et …
Ark. Code Ann. § 8-7-306 [Repealed.]
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A.C.A. § 8-7-306Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 8-7-307 Unlawful actions — Acts or omissions of third parties
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(a) It is unlawful for a person to:(1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;(2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality purs…
Ark. Code Ann. § 8-7-308 Powers and duties generally
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(1) The Division of Environmental Quality shall have the following powers and duties:(1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the p…
Ark. Code Ann. § 8-7-309 Appeals
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Appeal of the Arkansas Pollution Control and Ecology Commission's decision may be taken in accordance with the appellate procedure specified in §§ 8-4-222 — 8-4-229.
Ark. Code Ann. § 8-7-501 Title
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This subchapter may be known and may be cited as the “Remedial Action Trust Fund Act”.
Ark. Code Ann. § 8-7-502 Legislative intent — Purposes
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(a) It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances necessary to protect the public health and the environment, including funds require…
Ark. Code Ann. § 8-7-503 Definitions
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(1) As used in this subchapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Federal act” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510;(3) “Fund” means the Hazardous Substance Remed…
Ark. Code Ann. § 8-7-504 Penalties
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(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.…
Ark. Code Ann. § 8-7-505 Unlawful acts
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(1) It shall be unlawful for any person:(1) To violate any provision of this subchapter or any rule adopted under this subchapter;(2) To knowingly make a false statement, representation, or certification in any report or other document filed or required by this subchapter or the …
Ark. Code Ann. § 8-7-506 Rules — Administrative procedure
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The Arkansas Pollution Control and Ecology Commission shall adopt rules under this subchapter necessary to implement or effectuate the purposes and intent of this subchapter, including, but not limited to, rules affording any persons aggrieved by any order issued pursuant to this…
Ark. Code Ann. § 8-7-507 Compliance of federal and state entities
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Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the United States Government and the state government shall be subject to and comply with this subchapter in the same manner and to the same extent, both procedurally and substanti…
Ark. Code Ann. § 8-7-508 Remedial and removal authority of the division
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(a) (1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed…
Ark. Code Ann. § 8-7-509 Hazardous Substance Remedial Action Trust Fund
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(a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action T…
Ark. Code Ann. § 8-7-510 Federal actions or compensation not to be duplicated
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No actions taken pursuant to this subchapter by the Division of Environmental Quality shall duplicate federal actions, and no claims for the costs of response or other claims compensable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub.…