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25-43-605. Director of the Division of Environmental Quality.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-43-605. Director of the Division of Environmental Quality.
(a)(1) The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality.
(2) The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor.
(3) The director shall report to the Secretary of the Department of Energy and Environment.
(b) The director, with the advice and consent of the secretary, may organize the Division of Environmental Quality into divisions, offices, or units which may be necessary to effectively and efficiently administer the statutory responsibilities of the Division of Environmental Quality.
(c) The director, with the advice and consent of the secretary, shall appoint the heads of the respective divisions, offices, or units of the Division of Environmental Quality.
(d) Each division, office, or unit of the Division of Environmental Quality shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions, offices, or units of the Division of Environmental Quality as he or she shall deem desirable and necessary for the effective and efficient operation of the Division of Environmental Quality.
(e)(1) The director shall be the executive officer and active administrator of all pollution control activities.
(2) All of the powers of the Arkansas Pollution Control and Ecology Commission under § 8-4-201(b)(5) and §§ 8-4-203 and 8-4-204 relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-43-605
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:25-43-605
Source file: gov.ar.code.title.25.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 765430e804c909b3f71c016b8b457e48bf9aaf41fc45c5c96a2b1b069cb60f53
Source location: content.xml paragraph 12173
Stored source content
25-43-605. Director of the Division of Environmental Quality.
(a)(1) The executive head of the Division of Environmental Quality shall be the Director of the Division of Environmental Quality.
(2) The director shall be appointed by the Governor with the advice and consent of the Senate, and shall serve at the pleasure of the Governor.
(3) The director shall report to the Secretary of the Department of Energy and Environment.
(b) The director, with the advice and consent of the secretary, may organize the Division of Environmental Quality into divisions, offices, or units which may be necessary to effectively and efficiently administer the statutory responsibilities of the Division of Environmental Quality.
(c) The director, with the advice and consent of the secretary, shall appoint the heads of the respective divisions, offices, or units of the Division of Environmental Quality.
(d) Each division, office, or unit of the Division of Environmental Quality shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions, offices, or units of the Division of Environmental Quality as he or she shall deem desirable and necessary for the effective and efficient operation of the Division of Environmental Quality.
(e)(1) The director shall be the executive officer and active administrator of all pollution control activities.
(2) All of the powers of the Arkansas Pollution Control and Ecology Commission under § 8-4-201(b)(5) and §§ 8-4-203 and 8-4-204 relating to plans and specifications for disposal systems and permits for the discharge of sewage, industrial wastes, or other wastes into the waters of the state are vested in the director.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
8-4-203. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-204. Permits — Revocation.
The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation:
(1) Violation of any condition of the permit;
(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
(3) A change in any applicable regulation or a change in any preexisting condition affecting the nature of the discharge that requires either a temporary or permanent reduction or elimination of the permitted discharge.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-204
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 8-4-204. This identifies an authority to review, not proof of applicability.