Browse Arkansas Code titles and sections
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.
(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
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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.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
**(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
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
**(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
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.
(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.