Title 8, Environmental Law

(1) As used in this subchapter:(1) “Hazardous site” means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by…

(a) No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site. (b) Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting fr…

The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site.

Construction on or at a hazardous site and the use of such hazardous site for any residential, commercial, manufacturing, industrial, or recreational purposes shall be prohibited unless and until the Division of Environmental Quality issues an order terminating, wholly or partial…

Upon initiation of a response action at a hazardous site, such hazardous site shall be appraised at no value for purposes of any ad valorem taxes levied by any state, county, or local governmental authority unless and until the Division of Environmental Quality issues an order wh…

No director or officer of a corporation whose sole purpose as stated in its articles of incorporation is to own, implement a response action at, or hold one (1) or more hazardous sites, shall be liable to any person or entity for any action of the corporation reasonably related t…

(1) As used in this subchapter:(1) (A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, whose capacity is greater than one thousand three hundred twe…

(a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties:(1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subc…

Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency.

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…

(a) It shall be unlawful for an individual to certify the installation or testing of an underground storage tank unless the individual has been duly licensed by the Division of Environmental Quality. (b) (1) Furthermore, no licensee shall install, remove, repair, close, upgrade, …

(a) 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 submitted under or required by this subchapt…

(a) (1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the …

There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Regulated Substance Storage Tank Program Fund”. Such Regulated Substance Storage Tank Program Fund shall consist of feder…

(a) Nothing in this subchapter or the rules promulgated under this subchapter shall prevent any person from undertaking corrective action which would provide reasonable protection of public health and safety and the environment. (b) (1) Notwithstanding any other provisions of thi…

(a) Owners or operators of storage tanks who are unable to demonstrate financial responsibility in the minimum amounts specified by the Division of Environmental Quality may establish an insurance pool in order to demonstrate such financial responsibility. (b) (1) The formation a…

(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department’s or division’s employees in the administration of this subchapt…

(a) This subchapter shall supersede and preempt all local government laws, ordinances, rules, and regulations pertaining to underground storage tanks, except for any applicable local building permit or fire code requirements pertaining to installation of underground storage tanks…

(a) Except as provided under subsections (e) and (f) of this section, all owners and operators of storage tanks shall register their storage tanks as required by federal regulations and in accordance with the rules adopted under this subchapter. (b) (1) Except as provided under s…

(a) It shall be unlawful to deliver to, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified by the Division of Environmental Quality to be ineligible for fuel delivery or deposit. (b) The Arkansas Pollution Control…

(a) (1) Each new underground storage tank or piping connected to any new underground storage tank shall be secondarily contained and monitored for leaks.(2) In the case of a new underground storage tank system consisting of one (1) or more underground storage tanks and connected …

(a) All operators of underground storage tank systems shall complete training in the operation and maintenance of underground storage tank systems in accordance with rules promulgated under this section. (b) For purposes of compliance with this section, the following persons shal…

This subchapter may be known and may be cited as the “Petroleum Storage Tank Trust Fund Act”.

(1) As used in this subchapter:(1) (A) “Aboveground storage tank” means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hund…

(a) The Secretary of the Department of Finance and Administration is authorized to adopt appropriate rules not inconsistent with this subchapter as he or she may deem necessary to carry out the intent and purposes of and to assure compliance with this subchapter. (b) The Arkansas…

(a) (1) There is established the Advisory Committee on Petroleum Storage Tanks to be composed of the following members:(A) A representative from the property and casualty segment of the insurance industry;(B) A representative from a company that is a refiner and also has service …

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Petroleum Storage Tank Trust Fund”, hereinafter referred to as the “fund”. (b) The fund will be administered by the Director…

(a) There is established a petroleum environmental assurance fee to be paid, except as provided in subsection (c) of this section, on each gallon of motor fuel or distillate special fuel purchased in or imported into this state. (b) The fee shall be paid by the first distributor …

(a) (1) (A) A payment for corrective action shall not be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended the deductible set by the rule of the Arkansas Pollution Control and Ecology Commission on corrective action for the occurrence, excep…

(a) (1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims fo…

(a) Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division's or department’s employees in the administration of this subchapter, except release data, shall be kept confidential upon a showi…

(a) The General Assembly recognizes that:(1) The purity and life-giving qualities of our environment are of primary concern to the people of Arkansas and to all Americans;(2) The ultimate responsibility for the quality of the Arkansas environment rests upon the state government; …

ARTICLE 1. The Interstate Environmental Compact is enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows:ARTICLE 1. (1) Signatory states hereby find and declare:(a) The environment of every state is affected wit…

(1) Any supplementary agreement entered into pursuant to Article 4 of the Interstate Environmental Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation…

(a) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand do…

ARTICLE I. Policy and Purpose The Central Interstate Low-Level Radioactive Waste Compact is hereby enacted into law and entered into by the State of Arkansas with any and all states legally joining therein in accordance with its terms, in the form substantially as follows:ARTICLE…

Arkansas shall have one (1) member and one (1) alternate member of the Central Interstate Low-Level Radioactive Waste Compact Commission. The member and alternate member shall be appointed by the Governor after receiving the advice of the Joint Committee on Energy. Such appointme…

The departments, agencies, and officers of the state and its subdivisions may cooperate with the Central Interstate Low-Level Radioactive Waste Compact Commission in the furtherance of any of its activities pursuant to the Central Interstate Low-Level Radioactive Waste Compact.

(a) Pursuant to Article III of the Central Interstate Low-Level Radioactive Waste Compact, the State Radiation Control Agency is authorized to approve rates to be charged any user of a regional facility located in the State of Arkansas by the operator of the regional facility. (b…

It is the policy of the State of Arkansas to encourage and promote recycling in order to conserve natural resources, conserve energy, and preserve landfill space. In furtherance of this policy, the State of Arkansas adopts as a goal in the new century the recycling of forty perce…

The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the policies and purposes hereof.

If any provision of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this chapter is hereby declared to be inoperative solely to the extent of the conflict, and su…

(1) As used in this chapter:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Materials in the recycling process” means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as:(A) Those m…

(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-…

(1) The Division of Environmental Quality shall have the power and duty to:(1) Adopt reasonable rules to effectuate the purposes of this subchapter;(2) Promote public education and public awareness of the necessity of supporting waste reduction and recyclable material recovery as…

(a) Each state agency, state college or university, county, city, and public school, in cooperation with the Division of Environmental Quality and the Compliance Advisory Panel shall:(1) Establish a source separation and recycling program for recyclables generated as a result of …