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Subchapter 1 - General Provisions
§ 8-7-101. Civil liability of those assisting at accidents — Definitions - (a) As used in this section, unless the context otherwise...
Subchapter 2 - Arkansas Hazardous Waste Management Act of 1979
§ 8-7-201. Title - This subchapter may be cited as the “Arkansas Hazardous Waste...
§ 8-7-202. Purpose - It is the purpose of this subchapter and it is...
§ 8-7-203. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 8-7-204. Criminal, civil, and administrative penalties - (a) Criminal Penalties. (1) (A) Any person who violates any...
§ 8-7-205. Unlawful actions - It shall be unlawful for any person to: (1) Violate...
§ 8-7-206. Private right of action - Any person adversely affected by a violation of this subchapter...
§ 8-7-207. Venue for legal proceedings - All legal proceedings affecting hazardous waste treatment or hazardous waste...
§ 8-7-208. Official agency for program and agreements - (a) The Division of Environmental Quality is designated as the...
§ 8-7-209. Powers and duties of the division and commission generally - (a) The Division of Environmental Quality shall have the following...
§ 8-7-210. Existing rules, etc - (a) All existing rules of the Division of Environmental Quality...
§ 8-7-211. Variances, waivers, or extensions - When the application of or compliance with any rule or...
§ 8-7-212. Considerations in administration - (a) In administering the provisions of this subchapter, the Division...
§ 8-7-213. Procedure generally - The procedure of the Division of Environmental Quality and the...
§ 8-7-214. Emergency order for imminent hazard - (a) (1) Notwithstanding any other provisions of this subchapter, the...
§ 8-7-215. Permits — Requirement - (a) No person shall construct, substantially alter, or operate any...
§ 8-7-216. Permits — Issuance generally — Interim operations - (a) A permit shall be issued under such terms and...
§ 8-7-217. Permits — Notice of hearing - No permit shall be issued by the Division of Environmental...
§ 8-7-218. Permits — Compliance with subchapter, state and federal standards, regulations, etc - (a) No permits shall be issued by the Division of...
§ 8-7-219. Permits — Commercial facilities — Terms and conditions - No permit shall be issued for any commercial hazardous waste...
§ 8-7-220. Permits — Duration — Renewal - (a) Permits shall be issued for a period not to...
§ 8-7-221. Permits — Revocation - Any permit issued under §§ 8-7-215 — 8-7-220 shall be...
§ 8-7-222. Permits — Hearing upon denial, revocation, or modification - Any person who is denied a permit by the Director...
§ 8-7-223. Location of landfill - No hazardous waste landfill disposal facility off the site of...
§ 8-7-224. Rules for transporting hazardous waste - (a) (1) Following notice and public hearing, the Arkansas Department...
§ 8-7-225. Records and examinations - (a) The owner or operator of any hazardous waste management...
§ 8-7-226. Fees — Fund established - (a) The Arkansas Pollution Control and Ecology Commission shall have...
§ 8-7-227. Corrective action at permitted facilities and interim status facilities - (a) (1) Any permit issued under this subchapter for any...
Subchapter 3 - Arkansas Resource Reclamation Act of 1979
§ 8-7-301. Title - This subchapter may be cited as the “Arkansas Resource Reclamation...
§ 8-7-302. Legislative findings - The General Assembly finds and it is declared that: (1)...
§ 8-7-303. Policy and purpose - The General Assembly declares that it is the policy of...
§ 8-7-304. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 8-7-305. Exception to provisions - This subchapter does not apply to an industrial waste treatment...
§ 8-7-307. Unlawful actions — Acts or omissions of third parties - (a) It is unlawful for a person to: (1) Violate...
§ 8-7-308. Powers and duties generally - The Division of Environmental Quality shall have the following powers...
§ 8-7-309. Appeals - Appeal of the Arkansas Pollution Control and Ecology Commission's decision...
Subchapter 5 - Remedial Action Trust Fund Act
§ 8-7-501. Title - This subchapter may be known and may be cited as...
§ 8-7-502. Legislative intent — Purposes - (a) It is the intent of the General Assembly to...
§ 8-7-503. Definitions - As used in this subchapter: (1) “Commission” means the Arkansas...
§ 8-7-504. Penalties - (a) (1) Any person who commits any unlawful act under...
§ 8-7-505. Unlawful acts - It shall be unlawful for any person: (1) To violate...
§ 8-7-506. Rules — Administrative procedure - The Arkansas Pollution Control and Ecology Commission shall adopt rules...
§ 8-7-507. Compliance of federal and state entities - Each department, agency, or instrumentality of the executive, legislative, and...
§ 8-7-508. Remedial and removal authority of the division - (a) (1) Upon finding that a hazardous substance site exists...
§ 8-7-509. Hazardous Substance Remedial Action Trust Fund - (a) The Hazardous Substance Remedial Action Trust Fund is created....
§ 8-7-510. Federal actions or compensation not to be duplicated - No actions taken pursuant to this subchapter by the Division...
§ 8-7-511. Furnishing of information - (a) For purposes of assisting in determining the need for...
§ 8-7-512. Liability for costs — Immunity from liability - (a) Any of the following shall be liable to the...
§ 8-7-513. Apportionment of costs - (a) (1) Any party found liable for any costs or...
§ 8-7-514. Recovery of expenditures generally - (a) After an expenditure from the Hazardous Substance Remedial Action...
§ 8-7-515. Recovery of expenditures — Limitations - No person, including the state, may recover under the authority...
§ 8-7-516. Liens for expenditures and value of improvements - (a) If the owner of real property that is the...
§ 8-7-517. Punitive damages - If any person who is liable for a release or...
§ 8-7-518. Fees on the generation of hazardous waste - (a) On or before April 1 of each year, the...
§ 8-7-519. Appeals - An appeal may be taken from any final order of...
§ 8-7-520. Contribution - (a) Any person who has undertaken or is undertaking remedial...
§ 8-7-521. Site access for remedial or removal action - (a) For purposes of responding to an administrative or judicial...
§ 8-7-522. Liability for actions relating to remedial actions - (a) No shareholder, director, or officer of a corporation or...
§ 8-7-524. Recycling transactions — Definitions - (a) The purposes of this section are: (1) To promote...
§ 8-7-525. Appropriation - On or after July 1, 2005, any appropriation made payable...
Subchapter 6 - Low-Level Radioactive Waste
§ 8-7-601. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 8-7-602. Disposal or storage in above-ground facilities - (a) In the event that low-level radioactive waste is required...
§ 8-7-603. Approval and issuance of permits - Neither the Division of Environmental Quality nor any other agency...
§ 8-7-604. Compact provisions controlling - The implementation of this subchapter will not affect Arkansas's continued...
Subchapter 7 - Federally Listed Hazardous Sites
§ 8-7-701. Legislative intent - The purpose of this subchapter is to encourage response actions...
§ 8-7-702. Definitions - As used in this subchapter: (1) “Hazardous site” means any...
§ 8-7-703. Interference by passive-site owners - (a) No passive-site owner shall unduly impede or interfere with...
§ 8-7-704. Injunction - The circuit court of the county in which the hazardous...
§ 8-7-705. Restrictions on use of hazardous substances - Construction on or at a hazardous site and the use...
§ 8-7-706. Ad valorem tax exemption - Upon initiation of a response action at a hazardous site,...
§ 8-7-707. Director and officer liability - No director or officer of a corporation whose sole purpose...
Subchapter 8 - Regulated Substance Storage Tanks
§ 8-7-801. Definitions - As used in this subchapter: (1) (A) “Aboveground storage tank”...
§ 8-7-802. Division and commission — Powers and duties - (a) The Arkansas Pollution Control and Ecology Commission shall have...
§ 8-7-803. Rules generally - Any rules promulgated under this subchapter shall as much as...
§ 8-7-804. Procedures generally - The procedure of the Division of Environmental Quality and the...
§ 8-7-805. License requirement - (a) It shall be unlawful for an individual to certify...
§ 8-7-806. Penalties — Enforcement - (a) It shall be unlawful for any person: (1) To...
§ 8-7-807. Responsibility and liability of owner - (a) (1) Upon a determination that a release of a...
§ 8-7-808. Regulated Substance Storage Tank Program Fund - There is hereby established on the books of the Treasurer...
§ 8-7-809. Corrective actions — Orders of director - (a) Nothing in this subchapter or the rules promulgated under...
§ 8-7-810. Insurance pools - (a) Owners or operators of storage tanks who are unable...
§ 8-7-811. Trade secrets - (a) Any records, reports, or information obtained by the Department...
§ 8-7-812. Subchapter controlling over other laws - (a) This subchapter shall supersede and preempt all local government...
§ 8-7-813. Registration - (a) Except as provided under subsections (e) and (f) of...
§ 8-7-814. Delivery prohibition - (a) It shall be unlawful to deliver to, deposit into,...
§ 8-7-816. Secondary containment - (a) (1) Each new underground storage tank or piping connected...
§ 8-7-817. Operator training - (a) All operators of underground storage tank systems shall complete...
Subchapter 9 - Petroleum Storage Tank Trust Fund Act
§ 8-7-901. Title - This subchapter may be known and may be cited as...
§ 8-7-902. Definitions - As used in this subchapter: (1) (A) “Aboveground storage tank”...
§ 8-7-903. Rules — Powers of division - (a) The Secretary of the Department of Finance and Administration...
§ 8-7-904. Advisory committee - (a) (1) There is established the Advisory Committee on Petroleum...
§ 8-7-905. Petroleum Storage Tank Trust Fund - (a) There is established on the books of the Treasurer...
§ 8-7-906. Petroleum environmental assurance fee - (a) There is established a petroleum environmental assurance fee to...
§ 8-7-907. Payments for corrective action - (a) (1) No payment for corrective action shall be paid...
§ 8-7-908. Third-party claims - (a) (1) No payment to any owner or operator against...
§ 8-7-909. Confidential treatment of information - (a) Any records, reports, or information obtained by the Division...
Subchapter 10 - Public Employees' Chemical Right to Know Act
§ 8-7-1001. Title - The provisions of this subchapter shall be known and may...
§ 8-7-1002. Legislative findings and purpose - (a) The General Assembly finds that the proliferation and variety...
§ 8-7-1003. Definitions - (a) As used in this subchapter: (1) “Chemical manufacturer” means...
§ 8-7-1004. Duties of public employers - Each public employer shall do the following: (1) Post adequate...
§ 8-7-1005. Labeling — Definition - (a) Existing labels on containers of hazardous chemicals shall not...
§ 8-7-1006. Material safety data sheets - (a) Chemical manufacturers and distributors shall provide public employers which...
§ 8-7-1007. Workplace chemical lists - (a) Each public employer shall compile and maintain a workplace...
§ 8-7-1008. Employee information and training - (a) Each public employer shall provide an information and training...
§ 8-7-1009. Outreach activities of the director - (a) The Director of the Division of Labor shall develop...
§ 8-7-1010. Rights of public employees - (a) Public employees who may be exposed to hazardous chemicals...
§ 8-7-1011. Rulemaking - (a) The Director of the Division of Labor may promulgate...
§ 8-7-1012. Trade secrets - (a) A public employer may withhold the specific chemical identity,...
§ 8-7-1013. Complaints and investigations - (a) Complaints received orally or in writing from public employees,...
§ 8-7-1014. Enforcement - (a) If the Director of the Division of Labor determines...
§ 8-7-1015. Cause of action — Attorney's fees - (a) Any citizen denied the rights granted to him or...
§ 8-7-1016. No effect on other legal duties - The provision of information to a public employee pursuant to...
Subchapter 11 - Voluntary Cleanup
§ 8-7-1101. Declaration of policy - The General Assembly finds and declares as follows: (1) The...
§ 8-7-1102. Definitions - (a) As used in this subchapter: (1) “Abandoned site” means...
§ 8-7-1103. Division's authority - (a) The Division of Environmental Quality shall have authority regarding...
§ 8-7-1104. Voluntary cleanup process - (a) This section applies: (1) To a person who: (A)...
Subchapter 12 - Abandoned Agricultural Pesticide Disposal Act
§ 8-7-1201. Title - This subchapter may be known and may be cited as...
§ 8-7-1202. Purpose - It is the purpose of this subchapter to protect the...
§ 8-7-1203. Definitions - As used in this subchapter: (1) “Abandoned” means chemicals which...
§ 8-7-1204. Abandoned Pesticide Advisory Board - (a) There is created the Abandoned Pesticide Advisory Board. (b)...
§ 8-7-1205. Powers and duties of the board - The Abandoned Pesticide Advisory Board shall have the following powers...
§ 8-7-1206. Abandoned pesticide disposal - (a) (1) Moneys received into the Abandoned Agricultural Pesticide and...
Subchapter 13 - Phase I Environmental Site Assessment Consultant Act
§ 8-7-1301. Title - This subchapter shall be known and may be cited as...
§ 8-7-1302. Purpose - It is the purpose of this subchapter to authorize the...
§ 8-7-1303. Definitions - As used in this subchapter: (1) “Person” means any individual,...
§ 8-7-1304. Powers and duties - (a) The Arkansas Department of Environmental Quality shall maintain and...
§ 8-7-1311. Fees - (a) (1) Under rules promulgated by the Arkansas Pollution Control...
Subchapter 14 - Controlled Substances Contaminated Property Cleanup Act
§ 8-7-1401. Title - This subchapter shall be known and may be cited as...
§ 8-7-1402. Professional cleanup of properties contaminated through the manufacture of controlled substances - (a) The Division of Environmental Quality shall: (1) Establish and...
§ 8-7-1403. Reporting of properties contaminated through the manufacture of controlled substances - (a) If a private property owner finds an abandoned laboratory...
§ 8-7-1404. Recordkeeping required - (a) The Division of Environmental Quality shall maintain records concerning...
§ 8-7-1405. Notice — Cleanup — Residual contamination - (a) If a law enforcement officer discovers a laboratory for...
§ 8-7-1406. Remediated property - (a) After property contaminated through the manufacture of controlled substances...
§ 8-7-1407. Penalties - Any person who pleads guilty or nolo contendere to or...