Arkansas Code
Subchapter 11 - Trust Funds Continued
§ 19-5-1142. Nonmunicipal Domestic Sewage Treatment Works Trust Fund

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Nonmunicipal Domestic Sewage Treatment Works Trust Fund”.
(b) The fund shall consist of:
(1) Funds appropriated by the General Assembly;
(2) Trust fund contribution fees under § 8-4-203(b);
(3) Grants made by any person, state agency, or federal government agency;
(4) Gifts and donations; and
(5) Interest earned on the moneys deposited into the fund.

(c)
(1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works.
(2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to:
(A) Take remedial action, including without limitation corrective action;
(B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works;
(C) Maintain and operate a nonmunicipal domestic sewage treatment works; or
(D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b).

(3) The fund may be used by the division to do the following:
(A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b);
(B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and
(C) Pay reasonable costs and expenses of the division for administering the fund.

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