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8-4-208. State water pollution control agency — Administration of permit program generally.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-208. State water pollution control agency — Administration of permit program generally.

8-4-208. State water pollution control agency — Administration of permit program generally. (a) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b). To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b), and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h), to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e), and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines. (b) The division shall f

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-208

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:8-4-208
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a01ba280ad29e3bf283ffcdb2f1b782b802508cad8b7b0704b1eb568a64435fc

Source location: content.xml paragraph 1672

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8-4-208. State water pollution control agency — Administration of permit program generally. (a) The Division of Environmental Quality is authorized, subject to the approval of the Governor, to administer on behalf of the state its own permit program for discharges into navigable waters within its jurisdiction in lieu of that of the United States Environmental Protection Agency. The division is also authorized to submit to the Administrator of the United States Environmental Protection Agency for approval a full and complete description of the program which the division proposes to establish and administer under state law, as provided by § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b). To that end, the division and the Arkansas Pollution Control and Ecology Commission are vested with all necessary authority and power to meet the requirements of § 402(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1342(b), and the guidelines promulgated by the United States Environmental Protection Agency pursuant to § 304(h)(2) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1314(h), to engage in an approved continuing planning process under § 303(e) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1313(e), and to perform any and all acts necessary to carry out the purposes and requirements of the Federal Water Pollution Control Act Amendments of 1972 relating to this state's participation in the National Pollutant Discharge Elimination System established under the Federal Water Pollution Control Act Amendments of 1972, subject to all restrictions contained in the Federal Water Pollution Control Act Amendments of 1972 and guidelines. (b) The division shall further have the authority to accept a delegation of authority from the Administrator of the United States Environmental Protection Agency under the Federal Water Pollution Control Act Amendments of 1972 and to exercise and enforce the authority delegated. (c) Any public hearing that may be held by the Director of the Division of Environmental Quality preliminary to acting on a permit application as required by the Federal Water Pollution Control Act Amendments of 1972 and guidelines, unless otherwise designated in the notice of hearing, shall be for informational purposes only and shall not be deemed a hearing before the commission within the meaning of § 8-4-205. No appeal may be taken therefrom.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1313 — Water quality standards and implementation plans

**(a) Existing water quality standards** (1) In order to carry out the purpose of this chapter, any water quality standard applicable to interstate waters which was adopted by any State and submitted to, and approved by, or is awaiting approval by, the Administrator pursuant to this Act as in effect immediately prior to October 18, 1972, shall remain in effect unless the Administrator determined that such standard is not consistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall, within three months after October 18, 1972, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State within ninety days after the date of such notification, the Administrator shall promulgate such changes in accordance with subsection (b) of this section. (2) Any State which, before October 18, 1972, has adopted, pursuant to its own law, water quality standards applicable to intrastate waters shall submit such standards to the Administrator within thirty days after October 18, 1972. Each such standard shall remain in effect, in the same manner and to the same extent as any other water quality standard established under this chapter unless the Administrator determines that such standard is inconsistent with the applicable requirements of this Act as in effect immediately prior to October 18, 1972. If the Administrator makes such a determination he shall not later than the one hundred and twentieth day after the date of submission of such standards, notify the State and specify the changes needed to meet such requirements. If such changes are not adopted by the State within ninety days after such notification, the Administrator

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1313

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1313. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1313 — Water quality standards and implementa-

Page 462 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1313 tion, the Administrator shall publish such pro- posed limitation and within 90 days of such publication hold a public hearing. (2) Permits (A) No reasonable relationship The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for pollutants other than toxic pollutants if the applicant demonstrates at such hearing that (whether or not technology or other alternative con- trol strategies are available) there is no rea- sonable relationship between the economic and social costs and the benefits to be ob- tained (including attainment of the objec- tive of this chapter) from achieving such limitation. (B) Reasonable progress The Administrator, with the concurrence of the State, may issue a permit which modifies the effluent limitations required by subsection (a) of this section for toxic pol- lutants for a single period not to exceed 5 years if the applicant demonstrates to the satisfaction of the Administrator that such modified requirements (i) will represent the maximum degree of control within the eco- nomic capability of the owner and operator of the source, and (ii) will result in reason- able further progress beyond the require- ments of section 1311(b)(2) of this title to- ward the requirements of subsection (a) of this section. (c) Delay in application of other limitations The establishment of effluent limitations under this section shall not operate to delay the application of any effluent limitation estab- lished under section 1311 of this title. (June 30, 1948, ch. 758, title III, § 302, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 846; amended Pub. L. 100–4, title III,

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1313

Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1313. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1314 — Information and guidelines

**(a) Criteria development and publication** (1) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) criteria for water quality accurately reflecting the latest scientific knowledge (A) on the kind and extent of all identifiable effects on health and welfare including, but not limited to, plankton, fish, shellfish, wildlife, plant life, shorelines, beaches, esthetics, and recreation which may be expected from the presence of pollutants in any body of water, including ground water; (B) on the concentration and dispersal of pollutants, or their byproducts, through biological, physical, and chemical processes; and (C) on the effects of pollutants on biological community diversity, productivity, and stability, including information on the factors affecting rates of eutrophication and rates of organic and inorganic sedimentation for varying types of receiving waters. (2) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall develop and publish, within one year after October 18, 1972 (and from time to time thereafter revise) information (A) on the factors necessary to restore and maintain the chemical, physical, and biological integrity of all navigable waters, ground waters, waters of the contiguous zone, and the oceans; (B) on the factors necessary for the protection and propagation of shellfish, fish, and wildlife for classes and categories of receiving waters and to allow recreational activities in and on the water; and (C) on the measurement and classification of water quality; and (D) for the purpose of [section 1313 of this title](https://

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1314

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1314. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1314 — Information and guidelines

Page 465 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1314 (H) an inventory and ranking, in order of priority, of needs for construction of waste treatment works required to meet the applica- ble requirements of sections 1311 and 1312 of this title. (f) Earlier compliance Nothing in this section shall be construed to affect any effluent limitation, or schedule of compliance required by any State to be imple- mented prior to the dates set forth in sections 1311(b)(1) and 1311(b)(2) of this title nor to pre- clude any State from requiring compliance with any effluent limitation or schedule of compli- ance at dates earlier than such dates. (g) Heat standards Water quality standards relating to heat shall be consistent with the requirements of section 1326 of this title. (h) Thermal water quality standards For the purposes of this chapter the term ‘‘water quality standards’’ includes thermal water quality standards. (i) Coastal recreation water quality criteria (1) Adoption by States (A) Initial criteria and standards Not later than 42 months after October 10, 2000, each State having coastal recreation waters shall adopt and submit to the Admin- istrator water quality criteria and standards for the coastal recreation waters of the State for those pathogens and pathogen indi- cators for which the Administrator has pub- lished criteria under section 1314(a) of this title. (B) New or revised criteria and standards Not later than 36 months after the date of publication by the Administrator of new or revised water quality criteria under section 1314(a)(9) of this title, each State having coastal recreation waters shall adopt and submit to the Administrator new or revised water quality standards for the coastal recreation waters of the State for a

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1314

Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1314. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination system

**(a) Permits for discharge of pollutants** (1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1311/a&num=0&edition=prelim), upon condition that such discharge will meet either (A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or (B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. (2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph (1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. (3) The permit program of the Administrator under paragraph (1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection (b) of this section. (4) All permits for discharges into the navigable waters issued pursuant to [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim) shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under [section 407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section407&num=0&edition=prelim), and sh

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1342

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1342. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1342 — National pollutant discharge elimination

Page 562 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1342 tion license or permit has been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of this title. (4) Prior to the initial operation of any feder- ally licensed or permitted facility or activity which may result in any discharge into the navi- gable waters and with respect to which a certifi- cation has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Ad- ministrator to review the manner in which the facility or activity shall be operated or con- ducted for the purposes of assuring that applica- ble effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the certi- fying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facil- ity or activity will violate applicable effluent limitations or other limitations or other water quality requirements such Federal agency may, after public hearing, suspend such license or per- mit. If such license or permit is suspended, it shall remain suspended until notification is re- ceived from the certifying State, agency, or Ad- ministrator, as the case may be, that there is reasonable assurance that such facility or activ- ity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title. (5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this su

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1342

Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1342. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-205. Permits — Hearings upon denial, revocation, or modification and other permit actions — Definition.

8-4-205. Permits — Hearings upon denial, revocation, or modification and other permit actions — Definition. (a) Any person that is denied a permit by the Director of the Division of Environmental Quality or that has a permit revoked or modified or a request for permit transfer or modification denied shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith, upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification. (b)(1) Only those interested persons, other than the applicant, that have submitted comments on the record regarding a proposed permit action during the public comment period shall have standing to request a hearing by the commission in connection therewith, upon written application made within thirty (30) days after the date of the Division of Environmental Quality's final decision regarding the permit action. (2) No interested party requesting a hearing under this subsection may raise any issue in the hearing that was not raised in the public comments unless the party raising the issue shows good cause why such issue could not, with reasonable diligence, have been discovered and presented during the public comment period. The limitation in this subdivision (b)(2) shall not restrict the issues that may be addressed by the applicant in any appeal. (3) A request for a hearing shall identify the permit action in question and its date and must include a complete and detailed statement identifying the legal and factual objections to the permit action. (c)(1)(A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution and Ecology Control Commission, a preliminary he

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-205

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 8-4-205. This identifies an authority to review, not proof of applicability.