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8-4-211. Declaratory orders.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-211. Declaratory orders.
(a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission.
(b) Such petitions shall be processed for adjudicatory review in the same manner as appeals under the procedures prescribed by §§ 8-1-203, 8-4-205, 8-4-212, and 8-4-218 — 8-4-229.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-211
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:8-4-211
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 919e0a81f76543152062dc6145ad895dddaf9110836585a4856bfe9f5e70e445
Source location: content.xml paragraph 1711
Stored source content
8-4-211. Declaratory orders.
(a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission.
(b) Such petitions shall be processed for adjudicatory review in the same manner as appeals under the procedures prescribed by §§ 8-1-203, 8-4-205, 8-4-212, and 8-4-218 — 8-4-229.
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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
8-4-205. 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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-212. Adjudicatory hearings and orders.
(a) No final order resolving a contested decision of the Division of Environmental Quality shall be issued until the Arkansas Pollution Control and Ecology Commission has provided aggrieved persons that have standing the opportunity for an adjudicatory hearing upon the matter.
(b) Any person that will be directly affected by the order shall have the right to be heard at the hearing, to submit evidence, and to be represented by counsel.
(c) Written notice specifying the time and place of the hearing shall be served by the commission in the manner provided by § 8-4-214 upon all persons known by it to be directly affected by the order, not less than ten (10) days before the date of the hearing.
(d) A copy of any order issued by the commission after the hearing shall also be served upon the persons.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-212
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 8-4-212. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice.
(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.
(b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.
(c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-218
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 8-4-218. This identifies an authority to review, not proof of applicability.