Arkansas Code Title 8, Chapter 4, Subchapter 2 - Water Pollution

• § 8-4-201 - Powers and Duties of Department and Commission Generally.
  (a) The Arkansas Department of Environmental Quality or its successor is given and charged with the following powers and duties: (1) Enforcement of Laws....
• § 8-4-202 - Rules and Regulations.
  (a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice...
• § 8-4-203 - Permits Generally.
  (a) The Arkansas Department of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect,...
• § 8-4-204 - Permits -- Revocation.
  The Arkansas Department of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in...
• § 8-4-205 - Permits -- Hearings Upon Denial, Revocation, or Modification and Other Permit Actions.
  (a) Any person that is denied a permit by the Director of the Arkansas Department of Environmental Quality or that has a permit revoked...
• § 8-4-206 - State Water Pollution Control Agency -- General Authority.
  (a) In addition to any other powers which it may have under this chapter or any other legislative act, the Arkansas Department of Environmental...
• § 8-4-207 - State Water Pollution Control Agency -- Powers and Duties Generally.
  Without limiting the generality of the provisions of this chapter or of the powers which the Director of the Arkansas Department of Environmental Quality...
• § 8-4-208 - State Water Pollution Control Agency -- Administration of Permit Program Generally.
  (a) The Arkansas Department of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its...
• § 8-4-209 - State Water Pollution Control Agency -- Participation of Certain Persons Prohibited in Approval of Permit Applications.
  Any provision of state law to the contrary notwithstanding, no member of the Arkansas Department of Environmental Quality or the Arkansas Pollution Control and...
• § 8-4-210 - Investigations and Hearings Generally.
  (a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such...
• § 8-4-211 - Declaratory Orders.
  (a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the...
• § 8-4-212 - Adjudicatory Hearings and Orders.
  (a) No final order resolving a contested decision of the Arkansas Department of Environmental Quality shall be issued until the Arkansas Pollution Control and...
• § 8-4-213 - Conclusiveness of Commission Actions.
  (a) If no appeal is taken from an order, a rule, a regulation, or other decision of the Arkansas Pollution Control and Ecology Commission...
• § 8-4-214 - Service of Notice, Orders, Etc.
  (a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology...
• § 8-4-215 - Intergovernmental Cooperation.
  (a) The Arkansas Department of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not...
• § 8-4-216 - Information and Inspections.
  (a) The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user...
• § 8-4-217 - Unlawful Actions.
  (a) It shall be unlawful for any person to: (1) Cause pollution, as defined in § 8-4-102, of any of the waters of this...
• § 8-4-218 - Violations of Chapter, Orders, Rules, Etc. -- Hearings -- Notice.
  (a) Whenever the Arkansas Department of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a...
• § 8-4-219 - Violations of Chapter, Orders, Rules, Etc. -- Hearings -- Conduct.
  (a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and...
• § 8-4-220 - Violation of Chapter, Orders, Rules, Etc. -- Order of Department Without Hearing.
  (a) When the Arkansas Department of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health...
• § 8-4-221 - Violations of Chapter, Orders, Rules, Etc. -- Hearing -- Orders.
  On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its...
• § 8-4-222 - Appeals -- Entitlement.
  An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under...
• § 8-4-223 - Appeals -- Notice.
  (a) (1) Within thirty (30) days after service of a copy of the final order, rule, regulation, or other final determination of the Arkansas...
• § 8-4-224 - Appeals -- Parties.
  (a) (1) The appellant, the Arkansas Pollution Control and Ecology Commission, and the owner or operator of the business, industry, municipality, or thing involved,...
• § 8-4-225 - Appeals -- Venue.
  Except as provided in § 8-4-223(d), upon written consent of the parties or for cause shown after hearing upon notice to all parties, the...
• § 8-4-226 - Appeal -- Response by Commission and Record.
  (a) (1) Within thirty (30) days after service of the notice of appeal on the Arkansas Pollution Control and Ecology Commission secretary, the Arkansas...
• § 8-4-227 - Appeal -- Review by Circuit Court.
  (a) The appeal shall be heard and determined by the circuit court upon the issues raised by the notice of appeal and response according...
• § 8-4-228 - Appeal -- Stay of Proceedings.
  (a) The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by...
• § 8-4-229 - Appeals, Proceedings, Etc. -- Presumptions.
  (a) In any appeal or other proceeding involving any order, rule, regulation, or other decision of the Arkansas Pollution Control and Ecology Commission, the...
• § 8-4-230 - Temporary Variances and Interim Authority.
  (a) (1) Unless otherwise expressly prohibited by federal law, the Director of the Arkansas Department of Environmental Quality may, for compelling reasons and good...
• § 8-4-231 - Effectiveness of Regulations or Orders.
  This act shall not be construed as impairing the continued effectiveness of any regulations or orders promulgated or issued by the Arkansas Pollution Control...
• § 8-4-232 - Nutrient Water Quality Trading Programs.
  (a) As used in this section, "nutrient" means a substance assimilated by an organism that promotes growth and replacement of cellular constituents, including without...
• § 8-4-233 - Nutrient Water Quality Trading Advisory Panel -- Created -- Members -- Duties.
  (a) The Nutrient Water Quality Trading Advisory Panel is created, consisting of nine (9) members as follows: (1) One (1) member appointed by the...

Last modified: November 15, 2016