(a)
(1) Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.
(2) A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.
(b)
(1) The notice of appeal:
(A) Shall state the action of the commission appealed from;
(B) Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and
(C) May contain any other allegations or denials of fact pertinent to the appeal.
(2) The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.
(c) Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.
(d)
(1) Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.
(2) Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.
Structure Arkansas Code
Chapter 4 - Arkansas Water and Air Pollution Control Act
Subchapter 2 - Water Pollution
§ 8-4-201. Powers and duties of division and commission generally
§ 8-4-203. Permits generally — Definitions
§ 8-4-204. Permits — Revocation
§ 8-4-206. State water pollution control agency — General authority
§ 8-4-207. State water pollution control agency — Powers and duties generally
§ 8-4-208. State water pollution control agency — Administration of permit program generally
§ 8-4-210. Investigations and hearings generally
§ 8-4-212. Adjudicatory hearings and orders
§ 8-4-213. Conclusiveness of commission actions
§ 8-4-214. Service of notice, orders, etc
§ 8-4-215. Intergovernmental cooperation
§ 8-4-216. Information and inspections
§ 8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice
§ 8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct
§ 8-4-220. Violation of chapter, orders, rules, etc. — Order of division without hearing
§ 8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders
§ 8-4-222. Appeals — Entitlement
§ 8-4-226. Appeal — Response by commission and record
§ 8-4-227. Appeal — Review by circuit court
§ 8-4-228. Appeal — Stay of proceedings
§ 8-4-229. Appeals, proceedings, etc. — Presumptions
§ 8-4-230. Temporary variances and interim authority
§ 8-4-231. Effectiveness of regulations, rules, or orders
§ 8-4-232. Nutrient water quality trading programs — Definition
§ 8-4-233. Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties