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17-29-313. Permit required — Crematorium construction — Operation of crematorium.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-29-313. Permit required — Crematorium construction — Operation of crematorium.
(a)(1) A crematorium shall not be constructed in this state without a permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(2) In order to receive a permit to construct a crematorium, a person shall:
(A)(i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location.
(ii) The notice shall:
(a) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board; and
(b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and
(B)(i) Submit an application to the board for a permit to construct a crematorium.
(ii) The application for a permit to construct a crematorium shall include:
(a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section;
(b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and
(c) The fee as prescribed in § 17-29-208 [repealed].
(b)(1) Upon receiving a written protest to an application for the construction of a crematorium, the board shall:
(A) Schedule a public hearing on the application; and
(B)(i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application.
(ii) The notice shall be published on the Sunday and Wednesday n
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-29-313
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:17-29-313
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 504f496f87d9bd3bc8d5b4fdaa5718c73ada30d7184ac3cc3cd3c8f64b485176
Source location: content.xml paragraph 10155
Stored source content
17-29-313. Permit required — Crematorium construction — Operation of crematorium.
(a)(1) A crematorium shall not be constructed in this state without a permit issued by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
(2) In order to receive a permit to construct a crematorium, a person shall:
(A)(i) Publish a notice in a newspaper of general circulation in the county where the crematorium is proposed to be constructed stating that the applicant intends to construct a crematorium at a designated location.
(ii) The notice shall:
(a) Be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before submitting an application to the board; and
(b) Invite members of the public to submit written protest to the construction of the proposed crematorium to the board at the address designated by the board; and
(B)(i) Submit an application to the board for a permit to construct a crematorium.
(ii) The application for a permit to construct a crematorium shall include:
(a) Proof of publication of the notice required under subdivision (a)(2)(A) of this section;
(b) A copy of the permit issued by the Division of Environmental Quality under § 8-4-203 to construct the crematorium; and
(c) The fee as prescribed in § 17-29-208 [repealed].
(b)(1) Upon receiving a written protest to an application for the construction of a crematorium, the board shall:
(A) Schedule a public hearing on the application; and
(B)(i) Direct the applicant to publish in a newspaper having general circulation within the county where the crematorium is proposed to be constructed a notice of the date and time of a public hearing on the application.
(ii) The notice shall be published on the Sunday and Wednesday no more than fifteen (15) days nor less than seven (7) days before the public hearing.
(2) The public hearing shall be held in the city or county in which the proposed crematorium is to be located.
(c)(1) A crematorium shall not be operated in this state without a license issued by the board.
(2) A person who desires to operate a crematorium in this state shall:
(A) Make application to the board on forms furnished by the board;
(B) Provide the necessary information as determined by the board;
(C) Attach the fee as prescribed by the board;
(D) Satisfy the requirements of the board for the safe and sanitary operation of a crematorium as determined by the board; and
(E)(i) Provide to the board proof of liability insurance.
(ii) The board shall develop and promulgate rules to establish minimum levels of general liability insurance coverage for licensed crematoriums.
(3) The board shall grant the application if the board finds that the proposed crematorium:
(A) Complies with all state and federal laws concerning environmental and public health; and
(B) Will serve the public interest.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-203. Permits generally — Definitions.
(a) The Division of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect, revoke, modify, or deny permits, under such conditions as it may prescribe:
(1) To prevent, control, or abate pollution;
(2) For the discharge of sewage, industrial waste, or other wastes into the waters of the state, including the disposal of pollutants into wells; and
(3) For the installation, modification, or operation of disposal systems or any part of them.
(b)(1)(A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first:
(i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section;
(ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and
(iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation:
(a) Local zoning ordinances;
(b) Local planning authority regulations; and
(c) Local permitting requirements.
(B) As used in this section, “nonmunicipal domestic sewage treatment works” means a device or system operated by an entity other than a city, town, or county that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system.
(C) The following are specifically exempted from the requirements of this subsection:
(i) State or federal facilities;
(ii) Schools;
(iii) Universities and colleges;
(iv) Enti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-203
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 8-4-203. This identifies an authority to review, not proof of applicability.