Browse Arkansas Code titles and sections
8-4-316. Purpose — Open burning of vegetative storm debris.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-316. Purpose — Open burning of vegetative storm debris.
(a) The purpose of this section is to allow a county to seek preauthorization of open burning sites for vegetative storm debris from the Division of Environmental Quality to accelerate the cleanup process in the event of a natural disaster.
(b) Unless otherwise prohibited by federal law, a county may conduct open burning to dispose of vegetative storm debris under the procedures, requirements, and limitations under this section if the county has:
(1) Been declared a disaster area by:
(A) The county under § 12-75-108;
(B) The state under § 12-75-107; or
(C) Federal authorities authorized under federal law to make the declaration; or
(2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation.
(c)(1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations.
(2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality.
(3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary.
(d) At least three (3) days before the commencement of open burning, the county shall provide written notification to the director that certifies the preassessed site satisfies the requirements of all applicable laws and regulations, unless notification is waived by the director.
(e) Open burning under this section shall:
(1) Be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-316
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:8-4-316
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 22c00840aba8c91ac9456be4abdee2f614291d1516968acf863c448344813f50
Source location: content.xml paragraph 2534
Stored source content
8-4-316. Purpose — Open burning of vegetative storm debris.
(a) The purpose of this section is to allow a county to seek preauthorization of open burning sites for vegetative storm debris from the Division of Environmental Quality to accelerate the cleanup process in the event of a natural disaster.
(b) Unless otherwise prohibited by federal law, a county may conduct open burning to dispose of vegetative storm debris under the procedures, requirements, and limitations under this section if the county has:
(1) Been declared a disaster area by:
(A) The county under § 12-75-108;
(B) The state under § 12-75-107; or
(C) Federal authorities authorized under federal law to make the declaration; or
(2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation.
(c)(1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations.
(2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality.
(3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary.
(d) At least three (3) days before the commencement of open burning, the county shall provide written notification to the director that certifies the preassessed site satisfies the requirements of all applicable laws and regulations, unless notification is waived by the director.
(e) Open burning under this section shall:
(1) Be performed only during daylight hours on Monday through Friday;
(2) Not occur on a state or federal holiday;
(3) Be completed within one hundred twenty (120) days after the written notice or disaster declaration under subsection (b) of this section unless extended by the director;
(4) Be conducted in a manner so as not to create a nuisance to surrounding communities;
(5) Be conducted only if:
(A) The county is in attainment of the National Ambient Air Quality Standards;
(B) A burn ban is not in effect for the county; and
(C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site;
(6) Comply with all other applicable state, federal, or local statutes, regulations, rules, ordinances, and orders; and
(7) Be conducted no more than two (2) times per calendar year if the county has not been declared a disaster area under subdivision (b)(1) of this section.
(f) Open burning under this section shall:
(1) Not be conducted within:
(A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or
(B) One thousand feet (1,000') of a school; and
(2) Exclude any nonvegetative storm debris, including without limitation one (1) or more of the following:
(A) Tires;
(B) Lumber;
(C) Construction debris;
(D) Demolished structures;
(E) Household wastes; and
(F) Trade wastes.
(g)(1) The director may require one (1) or more of the following:
(A) That a designated open burning site be relocated;
(B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or
(C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards.
(2) The director may recommend alternative methods of vegetative storm debris disposal, including without limitation the use of air curtain incinerators or composting to the extent allowed under federal law.
(h)(1) A county judge shall not obligate state or federal funds for open burning under this section if the county judge has declared the emergency under § 12-75-108.
(2) However, a county judge may be reimbursed from state or federal funds for the cost of the open burning if the director determines that reimbursement is appropriate.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-107. Declaration of disaster emergencies.
(a)(1) A disaster emergency shall be declared by executive order or proclamation of the Governor if he or she finds a disaster has occurred or that the occurrence or the threat of disaster is imminent.
(2) When time is critical because of rapidly occurring disaster emergency events, the Governor may verbally declare for immediate response and recovery purposes until the formalities of a written executive order or proclamation can be completed in the prescribed manner.
(b)(1) The state of disaster emergency shall continue until:
(A) The Governor finds that the threat or danger has passed and terminates the state of disaster emergency by executive order or proclamation; or
(B) The disaster has been dealt with to the extent that emergency conditions no longer exist and the employees engaged in the restoration of utility services have returned to the point of origin.
(2) No state of disaster emergency may continue for longer than sixty (60) days unless renewed by the Governor.
(c)(1) The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.
(2) Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.
(d)(1) All executive orders or proclamations issued under this section shall indicate the nature of the disaster, the area or areas threatened, and the conditions which have brought it about or which make possible termination of the state of disaster emergency.
(2) In the case of a disaster, each provider of utility services whose services were interrupted shall prepare a report describing:
(A) The type of disaster emergency;
(B) The duration of the disaster emergency, which includes the time the utility perso
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-107
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 12-75-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-75-108. Local disaster emergencies — Declaration.
(a)(1) A local disaster emergency may be declared only by the chief executive or his or her designee of a political subdivision.
(2) If time is critical because of a rapidly occurring disaster emergency event, the chief executive verbally may declare a local disaster emergency for immediate response and recovery purposes until the formalities of a written declaration can be completed in the prescribed manner.
(3) A declaration of a local disaster emergency shall not be continued or renewed for a period in excess of one hundred twenty (120) days except by or with the consent of the governing body of the political subdivision.
(4) Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the city or county clerk, as applicable.
(b)(1) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to initiate emergency management functions under this chapter.
(2)(A) In addition to other powers conferred on the chief executive declaring a local disaster emergency, the chief executive may suspend the provisions of any local regulatory ordinances or regulations for up to thirty (30) days if strict compliance with the ordinance provisions would prevent, hinder, or delay necessary actions to cope with the disaster emergency.
(B) Local regulatory ordinances include, but are not limited to:
(i) Zoning ordinances;
(ii) Subdivision regulations;
(iii) Regulations controlling the development of land;
(iv) Building
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-75-108
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 12-75-108. This identifies an authority to review, not proof of applicability.