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8-1-202. Powers of the Director of the Division of Environmental Quality.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-202. Powers of the Director of the Division of Environmental Quality.
(a) The Director of the Division of Environmental Quality shall be the executive officer and active administrator of all pollution control activities in the state.
(b) As such, the director's duties shall include:
(1)(A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state.
(B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state;
(2)(A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality.
(B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties;
(3) Issuance of orders in such circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety, except to the extent that the matter involved is reserved to the jurisdiction or orders of the Arkansas Pollution Control and Ecology Commission for rulemaking procedures in § 8-4-202;
(4) Day-to-day administration of all activities that the Division of Environmental Quality is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations and with the approval of the Secretary of the Department of Energy and Environment, as is necessary to carry out the responsibilities vested with the Division of Environmental Quality;
(5) Providing technical and legal experti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-202
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:8-1-202
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 88686d45d4e5f20c9fb3144386bf42621626a0a32d6608c850c2a65bb683e9f6
Source location: content.xml paragraph 272
Stored source content
8-1-202. Powers of the Director of the Division of Environmental Quality.
(a) The Director of the Division of Environmental Quality shall be the executive officer and active administrator of all pollution control activities in the state.
(b) As such, the director's duties shall include:
(1)(A) The administration of permitting, licensing, certification, and grants programs deemed necessary to protect the environmental integrity of the state.
(B) The director, or his or her delegatee within his or her staff, shall serve as the issuing authority for the state;
(2)(A) Initiation and settlement of civil or administrative enforcement actions to compel compliance with laws, orders, rules, and federal regulations charged to the responsibility of the Division of Environmental Quality.
(B) In this regard, the director may propose the assessment of civil penalties as provided by law and take all actions necessary to collect such penalties;
(3) Issuance of orders in such circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety, except to the extent that the matter involved is reserved to the jurisdiction or orders of the Arkansas Pollution Control and Ecology Commission for rulemaking procedures in § 8-4-202;
(4) Day-to-day administration of all activities that the Division of Environmental Quality is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations and with the approval of the Secretary of the Department of Energy and Environment, as is necessary to carry out the responsibilities vested with the Division of Environmental Quality;
(5) Providing technical and legal expertise and assistance in the field of environmental protection to other agencies and subdivisions of the state as appropriate;
(6) Day-to-day administration of environmental programs delegated to the State of Arkansas by the responsible agencies of the United States Government;
(7) The supervision of the Arkansas Energy Office of the Division of Environmental Quality under the Arkansas Energy Reorganization and Policy Act of 1981, § 15-10-201 et seq.;
(8) Any other power or duty specifically vested with the director or the Division of Environmental Quality by the General Assembly or the secretary; and
(9) The supervision of the Division of Environmental Preservation or the successor division, office, or unit responsible for reviewing and making specific ecologically oriented recommendations on all plans, programs, and projects of all other state departments, divisions, agencies, and commissions and on all federal plans, programs, and projects affecting this state.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-10-201. Title.
This subchapter may be cited as the “Arkansas Energy Reorganization and Policy Act of 1981”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-10-201
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 15-10-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-202. Rules.
(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commission under this chapter.
(b) Without limiting the generality of this authority, these rules may, among other things, prescribe:
(1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities;
(2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and
(3) Water quality standards, performance standards, and pretreatment standards.
(c)(1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial.
(2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section.
(3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-202
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 8-4-202. This identifies an authority to review, not proof of applicability.