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8-5-501. Regulation of systems generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-5-501. Regulation of systems generally.
(a)(1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produced in the production of oil.
(2)(A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed].
(B) The application shall include:
(i) A description of the underground salt water disposal system that is to be established;
(ii) The plans and specifications thereof;
(iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system;
(iv) The name of each oil producer to be served;
(v) A description of the underground level or strata into which the salt water is to be injected; and
(vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.
(b)(1) If the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission determine that the underground salt water disposal system for which application is made will meet the requirements of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-5
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-5-501
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:8-5-501
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4c546b822a8cb880fbf5ed0df440d6951e71256ad8133188b4d0240ca65cd5ec
Source location: content.xml paragraph 2857
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8-5-501. Regulation of systems generally.
(a)(1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produced in the production of oil.
(2)(A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed].
(B) The application shall include:
(i) A description of the underground salt water disposal system that is to be established;
(ii) The plans and specifications thereof;
(iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system;
(iv) The name of each oil producer to be served;
(v) A description of the underground level or strata into which the salt water is to be injected; and
(vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.
(b)(1) If the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission determine that the underground salt water disposal system for which application is made will meet the requirements of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed], and the rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission, a permit for the establishment of the underground salt water disposal system shall be issued.
(2)(A) Upon the completion of the underground salt water disposal system, the commission granting the permit provided for in this section shall cause an inspection of the underground salt water disposal system to be made.
(B)(i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted.
(ii) The certificate of approval shall be signed by the chair and secretary of the commission.
(iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system.
(3)(A) The commission granting the certificate of approval shall, from time to time, inspect the approved underground salt water disposal system.
(B)(i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission.
(ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502, 26-58-201 — 26-58-204, 26-58-206, 26-58-207 [repealed], 26-58-208 — 26-58-210, and 26-58-211 [repealed], during the period in which the certificate of approval is revoked.
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Arkansas Code — all titles (historical 2020) · legal_authorities
26-58-201. Definitions.
As used in this subchapter:
(1)(A) “Approved underground saltwater disposal system” means a system or systems of reinjection of salt water produced as a result of oil or natural gas production into an underground level or stratum, as approved by the Arkansas Pollution Control and Ecology Commission or the Oil and Gas Commission, in which the salt water disposed of and the method of disposing of the salt water does not pose a menace to a fresh water supply or to the lakes and streams of this state.
(B) “Approved underground saltwater disposal system” does not include any:
(i) Reinjection system which is designed primarily for the purpose of secondary recovery and pressure maintenance; or
(ii) Pool that has been unitized for secondary recovery or pressure maintenance by order of the Oil and Gas Commission;
(2) “Person” means any individual, firm, association, partnership, limited liability company, or corporation;
(3) “Producer” means the producer of oil or natural gas who is charged with the responsibility of reporting and paying the severance tax on the oil or natural gas as required by the laws of this state;
(4) “Secretary” means the Secretary of the Department of Finance and Administration or any of his or her duly appointed deputies or agents; and
(5) “Severance tax” means the severance tax on oil or natural gas produced in this state as levied by § 26-58-107.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-58-201
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 26-58-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-58-204. Severance tax credit for oil producer.
An oil producer in this state who provides for the disposition of salt water produced in the production of oil from oil wells of the oil producer in this state by means of an approved underground saltwater disposal system shall be allowed a severance tax credit on all oil produced by the saltwater-producing oil wells in the amount and in the method provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-58-204
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 26-58-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-58-206. Permit for credit.
(a) A producer in this state wishing to obtain the benefits of the provisions of this subchapter shall make application to the Secretary of the Department of Finance and Administration for a permit to obtain credit on severance taxes due on all oil or natural gas produced in saltwater-producing wells of the producer as provided in this subchapter.
(b) The application shall list:
(1) The name and address of the producer;
(2) The number and location of all saltwater-producing wells of the producer; and
(3) A certified copy of a certificate from the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission certifying that all salt water produced in the production of oil or natural gas in the wells is being disposed of in an approved underground saltwater disposal system.
(c) If the secretary determines that the producer has complied with the provisions of this subchapter and the rules established by the secretary, the secretary shall issue a permit to the producer.
(d) The permit shall entitle the producer to obtain a severance tax credit on all oil or natural gas produced in saltwater-producing wells in the amount provided in this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-58-206
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 26-58-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-5-502. Penalty for violation of § 8-5-501.
Any person violating the provisions of § 8-5-501 shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned not less than thirty (30) days nor more than one (1) year, or be both so fined and imprisoned.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-5-502
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 8-5-502. This identifies an authority to review, not proof of applicability.