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8-4-312. Factors in exercise of powers.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-312. Factors in exercise of powers.

8-4-312. Factors in exercise of powers. In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors: (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities; (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics; (7) Availability of air-cleaning devices; (8) Economic feasibility of air-cleaning devices; (9) Effect on normal human health of particular air contaminants; (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices; (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant; (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants; (13) The volume of air contaminants emitted from a particular class of air contamination sources; (14) The economic and industrial development of the state and the social and economic value of the air contamination sources; (15) The maintenance of public enjoyment of the state's natural resources; and (1

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-312

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:8-4-312
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a8e21555967eed9abdaaede8ebe1c0d31cffdfe0e39de600493bf6b9641f319b

Source location: content.xml paragraph 2431

Stored source content

8-4-312. Factors in exercise of powers. In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors: (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities; (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics; (7) Availability of air-cleaning devices; (8) Economic feasibility of air-cleaning devices; (9) Effect on normal human health of particular air contaminants; (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices; (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant; (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants; (13) The volume of air contaminants emitted from a particular class of air contamination sources; (14) The economic and industrial development of the state and the social and economic value of the air contamination sources; (15) The maintenance of public enjoyment of the state's natural resources; and (16) Other factors that the division or the commission may find applicable.

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