Browse Arkansas Code titles and sections
8-4-308. Industrial secrets confidential.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-308. Industrial secrets confidential.
(a)(1)(A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.
(B) Only such emission data is to be publicly available.
(2)(A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.
(B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.
(b) Any violation of this section is a misdemeanor punishable under § 8-4-103.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-308
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:8-4-308
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c3a32ad2ee5fbbe8fb257b3daddfae80b7d8819f4fb885387756d014ad025ad0
Source location: content.xml paragraph 2329
Stored source content
8-4-308. Industrial secrets confidential.
(a)(1)(A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.
(B) Only such emission data is to be publicly available.
(2)(A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.
(B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.
(b) Any violation of this section is a misdemeanor punishable under § 8-4-103.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-75-601. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Improper means” includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) “Misappropriation” means:
(A) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(B) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the trade secret; or
(ii) At the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(a) Derived from or through a person who had utilized improper means to acquire it;
(b) Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(c) Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake;
(3) “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(4) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-75-601
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 4-75-601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-103. Criminal, civil, and administrative penalties.
(a)Criminal Penalties.
(1)(A) Any person that violates any provision of this chapter, that commits any unlawful act under it, or that violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor.
(B)(i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to:
(a) Imprisonment for not more than one (1) year;
(b) A fine of not more than twenty-five thousand dollars ($25,000); or
(c) Both such fine and imprisonment.
(ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(2)(A) It shall be unlawful for a person to:
(i) Violate any provision of this chapter, commit any unlawful act under it, or violate any rule or order of the commission or the Division of Environmental Quality and leave the state or remove his or her person from the jurisdiction of this state;
(ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or
(iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this chapter.
(B)(i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony.
(ii)(a) Notwithstanding any other provisions of Arkansas law, upon conviction tha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-103
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 8-4-103. This identifies an authority to review, not proof of applicability.