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15-5-901. Fund — Establishment — Uses — Accounts.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-5-901. Fund — Establishment — Uses — Accounts.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-5-901

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:15-5-901
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4c089d2682692fb10d3899676067cd5024cdec51781d96b259c5d47e2c7c690d

Source location: content.xml paragraph 8660

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15-5-901. Fund — Establishment — Uses — Accounts. (a)(1)(A) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the “Construction Assistance Revolving Loan Fund”. (B) The Construction Assistance Revolving Loan Fund shall be maintained in perpetuity and administered by the commission for the purposes stated in this subchapter. (2) Grants from the United States Government or its agencies allotted to the state for capitalization of the Construction Assistance Revolving Loan Fund, state matching grants when required, proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Construction Assistance Revolving Loan Fund, principal, interest, and premiums on loans provided, and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund shall be deposited into the Construction Assistance Revolving Loan Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by local governmental entities and other owners of environmental projects to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects into the Construction Assistance Revolving Loan Fund. (b) Moneys in the Construction Assistance Revolving Loan Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (2) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (3) To purchase bonds, notes, or other evidences of indebtedness issued by local governmental entities to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects; (4) To fund other wastewater system programs, water system programs, solid and hazardous waste facilities programs, recycling programs, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental programs that the federal or state government may allow in the future; (5) To fund the administrative expenses of the commission relating to the responsibilities and requirements of this subchapter and the federal environmental acts as defined in § 15-5-909; (6) To provide for any other expenditures consistent with applicable federal and state law; (7) To provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions pursuant to § 8-7-1101; (8) To pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund Account; (9) To make grants or loans to the Safe Drinking Water Fund established by § 15-22-1102 in amounts approved by the commission, consistent with applicable federal law; (10) Subject to the provisions of subsection (c) of this section and subject to the approval of the commission, to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102, consistent with applicable federal law; (11) Subject to subsection (c) of this section and the approval of the commission, to pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority, if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account established by § 15-22-1102, consistent with applicable federal law; or (12)(A) To make grants for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (B) However, grants shall be made only from moneys in the Construction Assistance Revolving Loan Fund provided by the United States Government under the Clean Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of forgiveness of principal, negative interest loans, or grants. (c)(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the “State Grants Account”, into which moneys appropriated by the state for deposit into the Construction Assistance Revolving Loan Fund shall be deposited. (2)(A) Moneys in the State Grants Account may be expended for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (B) However, moneys in the State Grants Account shall never be pledged to the payment of or as security for any bonds issued by the commission or the authority. (d)(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the “Remedial Action Account”, into which moneys identified in § 8-7-504(c) and any other moneys as designated by the Director of the Division of Environmental Quality shall be deposited. (2) Moneys in the Remedial Action Account may be expended as authorized in § 8-7-1101 and for the same purposes as other moneys in the Construction Assistance Revolving Loan Fund. (e)(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the “Construction Assistance Administrative Account”, into which shall be deposited: (A) Moneys provided by the United States Government under the federal environmental acts for the purpose of administering programs funded by the federal environmental acts; and (B) Fees under § 15-5-904. (2) Moneys in the Construction Assistance Administrative Account may be expended by the commission for administrative costs of programs funded by the federal environmental acts. (3) Moneys in the Construction Assistance Administrative Account shall never be pledged to the payment of or as security for any bonds issued by the authority or the commission. (f)(1) There is established a separate account within the Construction Assistance Revolving Loan Fund, designated the “Construction Assistance Revolving Loan Fund Account”, into which shall be deposited moneys provided by: (A) The United States Government under the federal environmental acts; (B) Proceeds of bonds issued by the commission or the authority; and (C) Other amounts, excluding state appropriations, received under § 15-5-903 for the purpose of providing financial assistance to local governmental entities and other owners of environmental projects in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of wastewater systems , water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects or parts of environmental projects. (2) Moneys in the Construction Assistance Revolving Loan Fund Account may also be expended for the purposes set forth in subdivisions (b)(1)-(5) and (b)(7)-(12) of this section. (g) The commission may establish and maintain additional accounts within the Construction Assistance Revolving Loan Fund or subaccounts within the accounts established by this section. (h) The commission shall maintain the Construction Assistance Revolving Loan Fund at the authority or at one (1) or more financial institutions within or without the state.

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Arkansas Code — all titles (historical 2020) · legal_authorities

15-22-1102. Creation — Terms and conditions for expenditures — Special accounts.

15-22-1102. Creation — Terms and conditions for expenditures — Special accounts. (a)(1) There is established on the books of the Arkansas Natural Resources Commission a special restricted fund to be known as the “Safe Drinking Water Fund”, which shall be maintained in perpetuity and administered by the commission and the Department of Health under this subchapter for the purposes stated in this subchapter. (2) The following shall be deposited into the Safe Drinking Water Fund: (A) Grants from the federal government or its agencies allotted to the state for capitalization of the Safe Drinking Water Fund; (B) State matching grants when required; (C) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority for capitalization of the Safe Drinking Water Fund; (D) Principal, interest, and premiums on loans provided; and (E) Bonds, notes, and other evidences of indebtedness purchased with moneys in the Safe Drinking Water Fund. (3) The commission may deposit loans made to and bonds, notes, and other evidences of indebtedness issued by owners to finance or refinance the planning, design, acquisition, construction, expansion, equipping, rehabilitation, or consolidation of water systems or parts of water systems into the Safe Drinking Water Fund. (b) Moneys in the Safe Drinking Water Fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state capitalization grants and may be used: (1) To provide loans for the planning, design, acquisition, construction, expansion, equipping, rehabilitation, consolidation, or refinancing of water systems or parts of water systems; (2) Subject to subsections (c)-(e) of this section and subject to the approval of the commission, to secure the paymen

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-22-1102

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 15-22-1102. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

15-5-909. Definitions.

15-5-909. Definitions. As used in this subchapter: (1) “Administrative account” means the Construction Assistance Administrative Account established by this subchapter within the Construction Assistance Revolving Loan Fund; (2) “Authority” means the Arkansas Development Finance Authority or any successor agency or commission of the state; (3) “Clean Water Act” means the Federal Water Pollution Control Act of 1972, as amended by the federal Water Quality Act of 1987; (4) “Commission” means the Arkansas Natural Resources Commission or a successor agency or commission of the state; (5) [Repealed.] (6) “Federal environmental acts” means the Clean Water Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act; (7) “Fund” means the Construction Assistance Revolving Loan Fund established by this subchapter; (8) “Owner” means the owner or prospective owner of an environmental project, excluding any federal agencies; (9) “Revolving loan account” means the Construction Assistance Revolving Loan Fund Account established by this subchapter within the fund; (10) “State” means the State of Arkansas; and (11) “State Grants Account” means the State Grants Account established by this subchapter within the fund.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-5-909

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 15-5-909. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-1101. Declaration of policy.

8-7-1101. Declaration of policy. The General Assembly finds and declares as follows: (1) The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl; (2) The redevelopment of abandoned sites should be encouraged so that these abandoned sites can be returned to useful, tax-producing properties to protect existing jobs and provide new job opportunities; (3) Persons interested in redeveloping abandoned sites should have a method of determining what their legal liabilities and cleanup responsibilities will be as they plan the reuse of abandoned sites; (4) Incentives should be put in place to encourage prospective purchasers to voluntarily develop and implement cleanup plans of abandoned sites without the need for adversarial enforcement actions by the Division of Environmental Quality; (5) The division now routinely determines, through its permitting policies, when contamination will and will not pose unacceptable risks to public health or the environment, and similar concepts are used in establishing cleanup policies for abandoned sites; (6) Parties and persons responsible under the law for pollution at abandoned sites should perform remedial responses which are fully consistent with existing requirements; (7) As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on abandoned industrial sites should meet alternative cleanup requirements if they acquire title after the nature of conditions at the abandoned industrial site has been dis

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1101

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 8-7-1101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-504. Penalties.

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 to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment. (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense. (b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to: (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation; (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom. (c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901, if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statu

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-504

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 8-7-504. This identifies an authority to review, not proof of applicability.