Arkansas Legal Resource Navigator

19-5-930. Hazardous Substance Remedial Action Trust Fund.

Arkansas Code — all titles (historical 2020) · legal_authorities

19-5-930. Hazardous Substance Remedial Action Trust Fund.

19-5-930. Hazardous Substance Remedial Action Trust Fund. (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Hazardous Substance Remedial Action Trust Fund”. (b) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys appropriated by the General Assembly to the Hazardous Substance Remedial Action Trust Fund, gifts, donations, interest earnings, fees on the generation of hazardous waste, punitive damages, penalties, and any other moneys legally designated, with the exception of those moneys deposited into the Environmental Education Fund as set out in § 8-7-509(d), all moneys received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-313, 8-6-201 — 8-6-212, 8-6-213 [repealed], 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and 20-27-1001 — 20-27-1007, and all punitive damages collected under § 8-7-517, there to be administered by the Director of the Division of Environmental Quality as provided in § 8-7-509.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-5-930

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:19-5-930
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6c37fd55c4210c727fc079e4beeb6285a2305fec2e80d2ac14306e103041ab84

Source location: content.xml paragraph 6720

Stored source content

19-5-930. Hazardous Substance Remedial Action Trust Fund. (a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Hazardous Substance Remedial Action Trust Fund”. (b) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys appropriated by the General Assembly to the Hazardous Substance Remedial Action Trust Fund, gifts, donations, interest earnings, fees on the generation of hazardous waste, punitive damages, penalties, and any other moneys legally designated, with the exception of those moneys deposited into the Environmental Education Fund as set out in § 8-7-509(d), all moneys received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-313, 8-6-201 — 8-6-212, 8-6-213 [repealed], 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and 20-27-1001 — 20-27-1007, and all punitive damages collected under § 8-7-517, there to be administered by the Director of the Division of Environmental Quality as provided in § 8-7-509.

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Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-101. Title.

8-4-101. Title. This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-101

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 8-4-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-106. Technical and other services and public assistance.

8-4-106. Technical and other services and public assistance. (a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality. (b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-106

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 8-4-106. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-201. Powers and duties of division and commission generally.

8-4-201. Powers and duties of division and commission generally. (a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties: (1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state; (2)Investigations and Surveys. (A) To investigate the extent, character, and effect of the pollution of the waters of this state; and (B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws; (3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and (4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof. (b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties: (1)(A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-201

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. The source passage cites 8-4-201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-509. Hazardous Substance Remedial Action Trust Fund.

8-7-509. Hazardous Substance Remedial Action Trust Fund. (a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action Trust Fund. (c)(1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-313, 8-6-201 — 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and § 20-27-1001 et seq. (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund: (A) Any moneys received by the state as a gift or donation to the fund; (B) All interest earned upon moneys deposited into the fund; (C) All fees assessed under § 8-7-518; (D) All punitive damages collected pursuant to § 8-7-517; and (E) Any other moneys legally designated for the fund. (3) In addition, there is authorized to be deposited into the fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504. (d)(1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year. (2)(A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-110

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-509

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 8-7-509. This identifies an authority to review, not proof of applicability.