Browse Arkansas Code titles and sections
15-22-1003. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-22-1003. Definitions.
As used in this subchapter:
(1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961;
(2) “Commission” means the Arkansas Natural Resources Commission;
(3) “Credit” means a numerical value that represents the aquatic resources functions and value of a site;
(4) [Repealed.]
(5) “Mitigation bank” means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251–1376, § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961, or other laws requiring mitigation;
(6) “Permit action” means activity under a specific dredge or fill permit requested or issued pursuant to § 404 of the Federal Water Pollution Control Act, 33 U.S.C. § 1344, or any other action requiring mitigation; and
(7) “Wetlands Technical Advisory Committee” means a committee made up of the directors or their designees of:
(A) The Arkansas State Game and Fish Commission;
(B) The Arkansas Department of Transportation;
(C) The Division of Arkansas Heritage;
(D) The Division of Environmental Quality; and
(E) Two (2) public members with expertise in aqua
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-1003
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:15-22-1003
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a2c2b3a6bb8bfd83b9900a2fbcb7e0fa2a5361f91ccc7791c5f392653ba699f2
Source location: content.xml paragraph 16413
Stored source content
15-22-1003. Definitions.
As used in this subchapter:
(1) “Aquatic resources” means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation under § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961;
(2) “Commission” means the Arkansas Natural Resources Commission;
(3) “Credit” means a numerical value that represents the aquatic resources functions and value of a site;
(4) [Repealed.]
(5) “Mitigation bank” means a publicly owned and managed aquatic resources site created or restored in accordance with this subchapter to compensate for unavoidable adverse impacts due to activities that otherwise comply with the requirements of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251–1376, § 404 of the Clean Water Act, 33 U.S.C. § 1344, and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403, as they existed on January 1, 2007, and Exec. Order No. 11,990 issued May 24, 1977, 42 Fed. Reg. 26,961, or other laws requiring mitigation;
(6) “Permit action” means activity under a specific dredge or fill permit requested or issued pursuant to § 404 of the Federal Water Pollution Control Act, 33 U.S.C. § 1344, or any other action requiring mitigation; and
(7) “Wetlands Technical Advisory Committee” means a committee made up of the directors or their designees of:
(A) The Arkansas State Game and Fish Commission;
(B) The Arkansas Department of Transportation;
(C) The Division of Arkansas Heritage;
(D) The Division of Environmental Quality; and
(E) Two (2) public members with expertise in aquatic resources ecology appointed by the Arkansas Natural Resources Commission.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter—
(1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited;
(4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works;
(5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State;
(6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and
(7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution.
**(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1251
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 350
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1251
Sec.
1320.
International pollution abatement.
1321.
Oil and hazardous substance liability.
1321a.
Prevention of small oil spills.
1321b.
Improved coordination with tribal govern-
ments.
1321c.
International efforts on enforcement.
1322.
Marine sanitation devices; discharges inci-
dental to the normal operation of vessels.
1323.
Federal facilities pollution control.
1324.
Clean lakes.
1325.
National Study Commission.
1326.
Thermal discharges.
1327.
Omitted.
1328.
Aquaculture.
1329.
Nonpoint source management programs.
1330.
National estuary program.
SUBCHAPTER IV—PERMITS AND LICENSES
1341.
Certification.
1342.
National pollutant discharge elimination sys-
tem.
1343.
Ocean discharge criteria.
1344.
Permits for dredged or fill material.
1345.
Disposal or use of sewage sludge.
1346.
Coastal recreation water quality monitoring
and notification.
SUBCHAPTER V—GENERAL PROVISIONS
1361.
Administration.
1362.
Definitions.
1363.
Water Pollution Control Advisory Board.
1364.
Emergency powers.
1365.
Citizen suits.
1366.
Appearance.
1367.
Employee protection.
1368.
Federal procurement.
1369.
Administrative procedure and judicial review.
1370.
State authority.
1371.
Authority under other laws and regulations.
1372.
Labor standards.
1373.
Public health agency coordination.
1374.
Effluent Standards and Water Quality Infor-
mation Advisory Committee.
1375.
Reports to Congress; detailed estimates and
comprehensive study on costs; State esti-
mates.
1375a.
Report on coastal recreation waters.
1376.
Authorization of appropriations.
1377.
Indian tribes.
1377a.
Green infrastructure promotion.
SUBCHAPTER VI—STATE WATER POLLUTION
CONTROL REVOLVING FUNDS
13
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1251
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1251. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Discharge into navigable waters at specified disposal sites** The Secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection.
**(b) Specification for disposal sites** Subject to subsection (c) of this section, each such disposal site shall be specified for each such permit by the Secretary (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under [section 1343(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1343/c&num=0&edition=prelim), and (2) in any case where such guidelines under clause (1) alone would prohibit the specification of a site, through the application additionally of the economic impact of the site on navigation and anchorage.
**(c) Denial or restriction of use of defined areas as disposal sites** The Administrator is authorized to prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, and he is authorized to deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municip
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1344
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1344. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 571
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1344
the waters of the territorial seas, the contiguous
zone, and the oceans, which shall include:
(A) the effect of disposal of pollutants on
human health or welfare, including but not
limited to plankton, fish, shellfish, wildlife,
shorelines, and beaches;
(B) the effect of disposal of pollutants on
marine life including the transfer, concentra-
tion, and dispersal of pollutants or their by-
products through biological, physical, and
chemical processes; changes in marine eco-
system diversity, productivity, and stability;
and
species
and
community
population
changes;
(C) the effect of disposal, of pollutants on es-
thetic, recreation, and economic values;
(D) the persistence and permanence of the
effects of disposal of pollutants;
(E) the effect of the disposal of varying
rates, of particular volumes and concentra-
tions of pollutants;
(F) other possible locations and methods of
disposal or recycling of pollutants including
land-based alternatives; and
(G) the effect on alternate uses of the
oceans, such as mineral exploitation and sci-
entific study.
(2) In any event where insufficient information
exists on any proposed discharge to make a rea-
sonable judgment on any of the guidelines estab-
lished pursuant to this subsection no permit
shall be issued under section 1342 of this title.
(June 30, 1948, ch. 758, title IV, § 403, as added
Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 883.)
Statutory Notes and Related Subsidiaries
DISCHARGES FROM POINT SOURCES
IN UNITED STATES
VIRGIN ISLANDS ATTRIBUTABLE
TO MANUFACTURE
OF
RUM; EXEMPTION; CONDITIONS
Discharges from point sources in the United States
Virgin Islands in existence on Aug. 5, 1983, attributable
to the manufacture of rum not to
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1344
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1344. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of the department in which the Coast Guard is operating, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of the department in which the Coast Guard is operating or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of the department in which the Coast Guard is operating or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 401
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 45
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 401
Sec.
SUBCHAPTER IV—POTOMAC RIVER AND
TRIBUTARIES IN DISTRICT OF COLUMBIA
461 to 464. Repealed.
SUBCHAPTER V—NAVIGABLE WATERS OF
MARYLAND
465.
Authority to dredge; riparian rights of United
States.
SUBCHAPTER VI—WATER POLLUTION CONTROL
466 to 466g. Transferred.
466g–1.
Controversies involving construction or ap-
plication of interstate compacts and pollu-
tion of waters.
466h to 466n. Transferred or Repealed.
SUBCHAPTER VII—DAM INSPECTION PROGRAM
467.
Definitions.
467a.
Inspection of dams.
467b.
Investigation reports to Governors.
467c.
Determination of danger to human life and
property.
467d.
National inventory of dams and low-head
dams.
467e.
Interagency Committee on Dam Safety.
467f.
National dam safety program.
467f–1.
Lock and dam security.
467f–2.
Rehabilitation of high hazard potential dams.
467g.
Research.
467g–1.
Dam safety training.
467g–2.
Public awareness and outreach for dam safe-
ty.
467h.
Reports.
467i.
Statutory construction.
467j.
Authorization of appropriations.
467k to 467m. Repealed.
467n.
Recovery of dam modification costs required
for safety purposes.
467o.
Repealed.
SUBCHAPTER I—IN GENERAL
§ 400. Continuing authority programs
(1) Definition of continuing authority program
project
In this section, the term ‘‘continuing author-
ity program’’ means 1 of the following authori-
ties:
(A) Section 701s of this title.
(B) Section 426i of this title.
(C) Section 2330 of this title.
(D) Section 2309a of this title.
(E) Section 577 of this title.
(F) Section 426g of this title.
(G) Section 701r of this title.
(H) Section 103 of the River and Harbor Act
of 1962 (Public Law 87–874; 76 Stat. 1178).
(I) Section 2326(e) of this title.
(J) Secti
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 401. This identifies an authority to review, not proof of applicability.