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19-5-1142. Nonmunicipal Domestic Sewage Treatment Works Trust Fund.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-5-1142. Nonmunicipal Domestic Sewage Treatment Works Trust Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Nonmunicipal Domestic Sewage Treatment Works Trust Fund”.
(b) The fund shall consist of:
(1) Funds appropriated by the General Assembly;
(2) Trust fund contribution fees under § 8-4-203(b);
(3) Grants made by any person, state agency, or federal government agency;
(4) Gifts and donations; and
(5) Interest earned on the moneys deposited into the fund.
(c)(1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works.
(2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to:
(A) Take remedial action, including without limitation corrective action;
(B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works;
(C) Maintain and operate a nonmunicipal domestic sewage treatment works; or
(D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b).
(3) The fund may be used by the division to do the following:
(A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b);
(B) Provide technical s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-5-1142
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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Record provenance
Stable record: arkansas_code:legal_authorities:19-5-1142
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4dfe0667b6862bdf35e2da95e293c2fd8a88150f23f1b28cf09a99d8f775b6dc
Source location: content.xml paragraph 9015
Stored source content
19-5-1142. Nonmunicipal Domestic Sewage Treatment Works Trust Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Nonmunicipal Domestic Sewage Treatment Works Trust Fund”.
(b) The fund shall consist of:
(1) Funds appropriated by the General Assembly;
(2) Trust fund contribution fees under § 8-4-203(b);
(3) Grants made by any person, state agency, or federal government agency;
(4) Gifts and donations; and
(5) Interest earned on the moneys deposited into the fund.
(c)(1) The fund shall be used by the Division of Environmental Quality to ensure adequate operation, maintenance, and completed closure of a nonmunicipal domestic sewage treatment works if the Director of the Division of Environmental Quality determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works.
(2) If the director determines that an owner or operator has not adequately operated, maintained, or completed closure of the nonmunicipal domestic sewage treatment works, the division may use moneys in the fund to hire a third-party contractor to:
(A) Take remedial action, including without limitation corrective action;
(B) Initiate or complete the closure of a nonmunicipal domestic sewage treatment works;
(C) Maintain and operate a nonmunicipal domestic sewage treatment works; or
(D) Take any other action the director determines to be necessary to carry out the purposes of this section and § 8-4-203(b).
(3) The fund may be used by the division to do the following:
(A) Provide reimbursement to a nonmunicipal domestic sewage treatment works under § 8-4-203(b);
(B) Provide technical support to nonmunicipal domestic sewage treatment works to promote adequate operation, maintenance, or completed closure of a facility; and
(C) Pay reasonable costs and expenses of the division for administering the fund.
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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.