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14-25-201. Responsible management entities — Wastewater treatment systems.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-25-201. Responsible management entities — Wastewater treatment systems.
(a) As used in this section, “responsible management entity” means a wastewater treatment system service provider organized and operating under this section.
(b) A nonprofit corporation formed for the purpose of providing responsible management of wastewater treatment systems where municipal sewer service is not available shall operate in accordance with § 14-250-113 and have the powers set forth in § 14-250-111.
(c) Any of the following may enter into an agreement to become a responsible management entity for the purpose of providing responsible management of wastewater treatment systems, including community sewer systems and groups of septic systems in a contiguous development where municipal sewer service is not available:
(1) A political subdivision of the state;
(2) A district or an authority formed under the Joint County and Municipal Solid Waste Disposal Act, § 14-233-101 et seq., or § 8-6-723;
(3) A nonprofit corporation formed for the purpose of providing responsible management of wastewater treatment systems; or
(4) A rural water association.
(d)(1) Any installation, operation, or maintenance performed on a wastewater treatment system on behalf of a responsible management entity shall be done in compliance with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the rules of the Arkansas Pollution Control and Ecology Commission as administered by the Division of Environmental Quality or its successor and the Department of Health or its successor.
(2) A responsible management entity must also ensure that all appropriate operator licenses are current and any continuing education requirements are fulfilled.
(e)(1) A developer constructing a new wast
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-25-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-25-201
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5b63e5c60eec9c4abd5bcf8b348a70e2efeb9256793cc87afb037ed09eadbc02
Source location: content.xml paragraph 7571
Stored source content
14-25-201. Responsible management entities — Wastewater treatment systems.
(a) As used in this section, “responsible management entity” means a wastewater treatment system service provider organized and operating under this section.
(b) A nonprofit corporation formed for the purpose of providing responsible management of wastewater treatment systems where municipal sewer service is not available shall operate in accordance with § 14-250-113 and have the powers set forth in § 14-250-111.
(c) Any of the following may enter into an agreement to become a responsible management entity for the purpose of providing responsible management of wastewater treatment systems, including community sewer systems and groups of septic systems in a contiguous development where municipal sewer service is not available:
(1) A political subdivision of the state;
(2) A district or an authority formed under the Joint County and Municipal Solid Waste Disposal Act, § 14-233-101 et seq., or § 8-6-723;
(3) A nonprofit corporation formed for the purpose of providing responsible management of wastewater treatment systems; or
(4) A rural water association.
(d)(1) Any installation, operation, or maintenance performed on a wastewater treatment system on behalf of a responsible management entity shall be done in compliance with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the rules of the Arkansas Pollution Control and Ecology Commission as administered by the Division of Environmental Quality or its successor and the Department of Health or its successor.
(2) A responsible management entity must also ensure that all appropriate operator licenses are current and any continuing education requirements are fulfilled.
(e)(1) A developer constructing a new wastewater treatment system where municipal sewer service is not available may transfer all liabilities for the wastewater treatment system to a responsible management entity if:
(A) Before the construction of a wastewater treatment system begins, the developer secures written approval of the proposed wastewater treatment system from the Department of Health and complies with all applicable permitting requirements, including stormwater, through the Division of Environmental Quality pursuant to the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the rules of the Arkansas Pollution Control and Ecology Commission;
(B) Covenants are contained in the deed for the wastewater treatment system requiring payment of reasonable fees by the purchaser to the responsible management entity for ongoing operations and maintenance of the system; and
(C) Ownership of the wastewater treatment system is transferred to the responsible management entity upon completion.
(2) Under no circumstances shall the liability for fraud or negligence on the part of the developer be transferred.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-233-101. Title.
This chapter may be referred to and cited as the “Joint County and Municipal Solid Waste Disposal Act.”
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-233-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-233-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-250-111. Powers.
Each wastewater district shall have power:
(1) To sue and be sued, and complain and defend, in its corporate name;
(2) To adopt a seal, which may be altered at pleasure, and to use it, or a facsimile thereof, as required by law;
(3) To construct, erect, lease as lessee, purchase, and in any manner acquire, hold, own, maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage plants, buildings, works, machinery, supplies, equipment, facilities, property rights, and transportation and collection lines useful, necessary, or convenient to the purpose of the district as set forth in this chapter;
(4) To acquire, own, hold, use, exercise, and, to the extent permitted by law, sell, mortgage, pledge, hypothecate, and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate;
(5) To purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property, or any interest therein;
(6) To borrow money and otherwise contract indebtedness, to issue its obligations therefor, and to secure the payment thereof by mortgage, pledge, or deed of trust of all or any of its property, assets, franchises, rights, privileges, licenses, rights-of-way, easements, revenues, or income. Any and all securities and evidences of indebtedness issued by a wastewater district formed pursuant to this chapter and the income, interest, and capital gains thereon shall be subject to the income tax and inheritance tax laws of this state, and persons owning or holding securities and evidences of indebtedness or their heirs, devisees, successors, or assigns shall not be required to pay to the State of Arkansas inhe
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-250-111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-250-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-250-113. Nonprofit operation.
(a) Wastewater districts formed pursuant to this chapter shall be operated without profit, but the rates, fees, rent, or other charges for wastewater disposal and other facilities, supplies, equipment, or services furnished by the wastewater district shall be sufficient at all times:
(1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized;
(2) For the creation of adequate reserves.
(b) The revenues of the wastewater district shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations and, thereafter, to such reserves for improvements, new construction, depreciation, and contingencies as the board may prescribe from time to time.
(c) Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the customers of the wastewater district on a pro rata basis, according to the amount of business done with each customer during the period for which the return is made, either in cash, in abatement of current charges for wastewater disposal, or otherwise as the board determines. The return may be made by way of a general rate reduction to customers if the board so elects.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-250-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-250-113. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-723. Alternative formation of original districts.
(a)(1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement.
(2) The creation of the district shall be effective upon the Director of the Division of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments.
(b)(1) [Repealed.]
(2) The creation of a district shall be effective upon the governing body of the authority notifying the director in writing. The governing body of a district created under this subsection shall be determined by the authority creating the district. The provisions of § 8-6-703 or any other section of this subchapter which provides for the method of selection of the governing body of a district shall not apply to districts formed under this subsection.
(c) The Arkansas Pollution Control and Ecology Commission shall have no authority to add to or otherwise change the boundaries of a district created under this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-723
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-6-723. This identifies an authority to review, not proof of applicability.