Arkansas Code Title 8, Chapter 7, Subchapter 2 - Hazardous Waste Management Act

• § 8-7-201 - Title.
  This subchapter may be cited as the "Arkansas Hazardous Waste Management Act of 1979".
• § 8-7-202 - Purpose.
  It is the purpose of this subchapter and it is declared to be the policy of this state to: (1) Protect the public health...
• § 8-7-203 - Definitions.
  As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Department" means the...
• § 8-7-204 - Criminal, Civil, and Administrative Penalties.
  (a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under it, or who violates...
• § 8-7-205 - Unlawful Actions.
  It shall be unlawful for any person to: (1) Violate any provisions of this subchapter or of any rule, regulation, permit, or order adopted...
• § 8-7-206 - Private Right of Action.
  Any person adversely affected by a violation of this subchapter or of any rules, regulations, or orders issued pursuant thereto shall have a private...
• § 8-7-207 - Venue for Legal Proceedings.
  All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the...
• § 8-7-208 - Official Agency for Program and Agreements.
  (a) The Arkansas Department of Environmental Quality is designated as the official agency for the state for all purposes of the federal Resource Conservation...
• § 8-7-209 - Powers and Duties of the Department and Commission Generally.
  (a) The Arkansas Department of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws, rules, and regulations...
• § 8-7-210 - Existing Rules, Regulations, Etc.
  (a) All existing rules and regulations of the Arkansas Department of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects...
• § 8-7-211 - Variances, Waivers, or Extensions.
  Where the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and...
• § 8-7-212 - Considerations in Administration.
  (a) In administering the provisions of this subchapter, the Arkansas Department of Environmental Quality may adopt and give appropriate effect to variations within this...
• § 8-7-213 - Procedure Generally.
  The procedure of the Arkansas Department of Environmental Quality and Arkansas Pollution Control and Ecology Commission for issuance of rules and regulations, conduct of...
• § 8-7-214 - Emergency Order for Imminent Hazard.
  (a) (1) Notwithstanding any other provisions of this subchapter, the Director of the Arkansas Department of Environmental Quality, upon finding that the storage, transportation,...
• § 8-7-215 - Permits -- Requirement.
  (a) No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat,...
• § 8-7-216 - Permits -- Issuance Generally -- Interim Operations.
  (a) Permits shall be issued under such terms and conditions as the Arkansas Department of Environmental Quality may prescribe under the provisions of this...
• § 8-7-217 - Permits -- Notice of Hearing.
  No permit shall be issued by the Arkansas Department of Environmental Quality or the Arkansas Pollution Control and Ecology Commission for any commercial hazardous...
• § 8-7-218 - Permits -- Compliance With Subchapter, State and Federal Standards, Regulations, Etc.
  (a) No permits shall be issued by the Arkansas Department of Environmental Quality for any facility unless the department, after opportunity for public comment,...
• § 8-7-219 - Permits -- Commercial Facilities -- Terms and Conditions.
  No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as...
• § 8-7-220 - Permits -- Duration -- Renewal.
  (a) Permits shall be issued for a period not to exceed ten (10) years. However, land disposal permits shall be reviewed five (5) years...
• § 8-7-221 - Permits -- Revocation.
  Any permit issued under §§ 8-7-215 -- 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and...
• § 8-7-222 - Permits -- Hearing Upon Denial, Revocation, or Modification.
  Any person who is denied a permit by the Director of the Arkansas Department of Environmental Quality or who has such permit revoked or...
• § 8-7-223 - Location of Landfill.
  No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (1/2) mile of any occupied dwelling unless the...
• § 8-7-224 - Rules for Transporting Hazardous Waste.
  (a) Following notice and public hearing, the Arkansas State Highway and Transportation Department, in consultation with the Arkansas Department of Environmental Quality, shall issue...
• § 8-7-225 - Records and Examinations.
  (a) The owner or operator of any hazardous waste management facility or site shall notify the Arkansas Department of Environmental Quality as to hazardous...
• § 8-7-226 - Fees -- Fund Established.
  (a) The Arkansas Pollution Control and Ecology Commission shall have authority to establish by regulation a schedule of fees to recover the costs of...
• § 8-7-227 - Corrective Action At Permitted Facilities and Interim Status Facilities.
  (a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases...

Last modified: November 15, 2016