(a) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field.
(b) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.
(c) Nothing in this chapter shall be construed to prevent private actions under existing laws.
Structure Arkansas Code
Chapter 4 - Arkansas Water and Air Pollution Control Act
§ 8-4-304. Applicability of water pollution provisions
§ 8-4-306. Political subdivisions preempted — Exception
§ 8-4-307. Private rights unchanged
§ 8-4-308. Industrial secrets confidential
§ 8-4-309. Construction limited — Exception
§ 8-4-312. Factors in exercise of powers
§ 8-4-313. Variance from rules or general orders
§ 8-4-316. Purpose — Open burning of vegetative storm debris
§ 8-4-317. State implementation plans generally
§ 8-4-318. National Ambient Air Quality Standards implementation