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8-4-217. Unlawful actions.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-217. Unlawful actions.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-217

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:8-4-217
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 391ec8168dc7def9566ccecc306be65f2d786fb6a122a17423afeceb34d38763

Source location: content.xml paragraph 1782

Stored source content

8-4-217. Unlawful actions. (a) It shall be unlawful for any person to: (1) Cause pollution, as defined in § 8-4-102, of any of the waters of this state; (2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state; (3) Violate any provisions of this chapter or of any rule or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Division of Environmental Quality; (4) Knowingly to make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter; (5) Falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter; or (6) Sell, offer or expose for sale, give, or furnish any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for use as laundry or dishwashing detergents within this state from and after January 1, 1994, except as provided below: (A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include: (i) A detergent: (a) Used in dairy, beverage, or food processing cleaning equipment; (b) Used in hospitals, veterinary hospitals, clinics, healthcare facilities, or in agricultural production; (c) Used by industry for metal cleaning or reconditioning; (d) Manufactured, stored, or distributed for use or sale outside the state; (e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; (f) Used in a commercial laundry that provides laundry services for a hospital, healthcare facility, or veterinary hospital; or (g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry; (ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and (iii) A substance the division excludes from the phosphorus limitations of this section based on a finding that compliance with this section would: (a) Create a significant hardship on the user; or (b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences; (B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains five-tenths percent (.5%) phosphorus or less that is incidental to manufacturing; and (C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight. (b)(1) It shall be unlawful for any person to engage in any of the following acts without having first obtained a written permit from the division: (A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of this state; (B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit; (C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of this state or would otherwise alter the physical, chemical, or biological properties of any waters of this state in any manner not already lawfully authorized; (D) To construct or use any new outlet for the discharge of any wastes into the waters of this state; or (E) To discharge sewage, industrial waste, or other wastes into any of the waters of this state. (2) The division may require the submission of such plans, specifications, and other information as it deems relevant in connection with the issuance of disposal permits.

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Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-102. Definitions.

8-4-102. Definitions. As used in this chapter: (1) “Any wastes” and “pollutants” include sewage, industrial wastes, or other wastes; (2) “Discharge into the waters of the state” means a discharge of any wastes in any manner that directly or indirectly permits such wastes to reach any of the waters of the state; (3) “Disposal system” means a system for disposing of sewage, industrial waste, and other wastes and includes sewer systems and treatment works; (4) “Industrial waste” means any liquid, gaseous, or solid waste substance resulting from any process of industry, mining, manufacturing, trade, or business or from the development of any natural resources; (5) “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar chemicals, and all other organic or inorganic substances, not including sewage or industrial waste that may be discharged into the waters of the state; (6) “Person” means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity; (7) “Pollution” means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will, or is likely to, render the waters harmful, detrimental, or injurious to public health, safety, or welfare, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life; (8) “Sewage” means the water-carried waste products from residences, public buildings, institutions, or other buildings, includi

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-102

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 8-4-102. This identifies an authority to review, not proof of applicability.