Arkansas Code Title 8, Chapter 7, Subchapter 5 - Remedial Action Trust Fund Act

• § 8-7-501 - Title.
  This subchapter may be known and may be cited as the "Remedial Action Trust Fund Act".
• § 8-7-502 - Legislative Intent -- Purposes.
  (a) It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate,...
• § 8-7-503 - Definitions.
  As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Department" means the Arkansas Department of Environmental Quality;...
• § 8-7-504 - Penalties.
  (a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject...
• § 8-7-505 - Unlawful Acts.
  It shall be unlawful for any person: (1) To violate any provision of this subchapter or any rule or regulation adopted under this subchapter;...
• § 8-7-506 - Regulations -- Administrative Procedure.
  The Arkansas Pollution Control and Ecology Commission shall adopt regulations under this subchapter necessary to implement or effectuate the purposes and intent of this...
• § 8-7-507 - Compliance of Federal and State Entities.
  Each department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government and the state government shall be subject to...
• § 8-7-508 - Remedial and Removal Authority of the Department.
  (a) (1) Upon finding that a hazardous substance site exists or may exist, the Arkansas Department of Environmental Quality, upon reasonable notice and after...
• § 8-7-509 - Hazardous Substance Remedial Action Trust Fund.
  (a) The Hazardous Substance Remedial Action Trust Fund is created.(b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of...
• § 8-7-510 - Federal Actions or Compensation Not to Be Duplicated.
  No actions taken pursuant to this subchapter by the Arkansas Department of Environmental Quality shall duplicate federal actions, and no claims for the costs...
• § 8-7-511 - Furnishing of Information.
  (a) For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances...
• § 8-7-512 - Liability for Costs.
  (a) Any of the following shall be liable to the state for all costs of remedial or removal actions under this subchapter: (1) The...
• § 8-7-513 - Apportionment of Costs.
  (a) (1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512, 8-7-514, 8-7-515, and 8-7-517 which establishes by a preponderance...
• § 8-7-514 - Recovery of Expenditures Generally.
  (a) After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal or remedial action, the Arkansas Department of Environmental Quality...
• § 8-7-515 - Recovery of Expenditures -- Limitations.
  No person, including the state, may recover under the authority of this section for any remedial or removal action costs or damages resulting: (1)...
• § 8-7-516 - Liens for Expenditures and Value of Improvements.
  (a) If the owner of real property that is the location of a hazardous substance site upon which remedial or removal activity is performed...
• § 8-7-517 - Punitive Damages.
  If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide...
• § 8-7-518 - Fees on the Generation of Hazardous Waste.
  (a) On or before April 1 of each year, the following persons shall report the total amount of such hazardous wastes generated or accepted...
• § 8-7-519 - Appeals.
  An appeal may be taken from any final order of the Arkansas Department of Environmental Quality under this subchapter as provided in §§ 8-4-202,...
• § 8-7-520 - Contribution.
  (a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order...
• § 8-7-521 - Site Access for Remedial or Removal Action.
  (a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508, the owner or the operator of...
• § 8-7-522 - Liability for Actions Relating to Remedial Actions.
  (a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its...
• § 8-7-523 - [Repealed.]
• § 8-7-524 - Recycling Transactions.
  (a) The purposes of this section are: (1) To promote the reuse and recycling of scrap material in Arkansas while protecting human health and...
• § 8-7-525 - Appropriation.
  On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund shall be made payable from the Hazardous Substance Remedial...

Last modified: November 15, 2016