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8-1-204. Administrative law judge.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-204. Administrative law judge.
(a) The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§ 8-1-203, 8-4-201, 8-4-202, 8-4-311, 8-5-205, and 8-6-207, or as otherwise provided by law.
(b) The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality.
(c) The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law.
(d) The office space for the administrative law judge shall be at a location other than the offices of the division.
(e) An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section.
(f) The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-204
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-1-204
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6846cc1ff09b15d85f0ad6e2bbb2999b3dda71a2eb628369c6e0708e870550cd
Source location: content.xml paragraph 332
Stored source content
8-1-204. Administrative law judge.
(a) The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§ 8-1-203, 8-4-201, 8-4-202, 8-4-311, 8-5-205, and 8-6-207, or as otherwise provided by law.
(b) The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality.
(c) The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law.
(d) The office space for the administrative law judge shall be at a location other than the offices of the division.
(e) An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section.
(f) The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-203. Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission.
(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern.
(b) The commission's powers and duties shall be as follows:
(1)(A) Promulgation of rules implementing the substantive statutes charged to the Division of Environmental Quality 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 the 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 entities that will be subject to the rule.
(C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section.
(D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period.
(E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;
(2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes;
(3) Promulgation of rules governing administrative proce
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-203
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 8-1-203. 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.
(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
8-4-202. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-311. Powers generally.
(a) The Division of Environmental Quality or its successor shall have the power to:
(1) Develop and effectuate a comprehensive program for the prevention and control of all sources of pollution of the air of this state;
(2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the United States Government, and with affected groups in the furtherance of the purposes of this subchapter;
(3) Encourage and conduct studies, investigations, and research relating to air pollution and its causes, prevention, control, and abatement as it may deem advisable and necessary;
(4) Collect and disseminate information relative to air pollution and its prevention and control;
(5) Consider complaints and make investigations;
(6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and others in preserving and restoring the purity of the air within the state;
(7) Administer and enforce all laws and rules relating to pollution of the air;
(8) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to air pollution control;
(9)(A) Cooperate with and receive moneys from the United States Government or any other source for the study and control of air pollution.
(B) The division is designated as the official state air pollution control agency for such purposes;
(10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air pollution, and requiring the adoption of remedial measures to prevent, control, or abate air pollution;
(11) Institute court proceedings to compel compliance with the provisions of this chapter and rules and orders issued pursuant to this
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-311
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 8-4-311. This identifies an authority to review, not proof of applicability.