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8-5-703. Financial assurance requirements for subsequently permitted common sewage systems.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-5-703. Financial assurance requirements for subsequently permitted common sewage systems.
(a)(1)(A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years.
(B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years.
(2) The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements.
(b) The applicant's financial ability to operate and maintain the common sewage system for a period of five (5) years shall be demonstrated to the division by:
(1) Obtaining insurance that specifically covers operation and maintenance costs;
(2) Obtaining a letter of credit;
(3) Obtaining a surety bond;
(4) Obtaining a trust fund or an escrow account; or
(5) Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account.
(c) The division may require an amount of financial assurance that exceeds the cost estimate submitted by the applicant.
(d) A financial instrument required by this section shall be posted to the benefit of the division and shall remain in effect for the life of the permit.
(e) It is explicitly understood that the division shal
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-5-703
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:8-5-703
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 48867b78f277ddf3c1366faffac5317e75d46e591abe9149150abc5e12d9543d
Source location: content.xml paragraph 3088
Stored source content
8-5-703. Financial assurance requirements for subsequently permitted common sewage systems.
(a)(1)(A) The Division of Environmental Quality may require a permitted common sewage system that is in chronic noncompliance to demonstrate to the division its financial ability to cover the estimated costs of operating and maintaining the common sewage system for a minimum period of five (5) years.
(B) The division may require the permitted common sewage system that is in chronic noncompliance to submit a cost estimate for a third party to operate and maintain the common sewage system each year for a period of five (5) years.
(2) The division shall not modify or renew a National Pollutant Discharge Elimination System permit or state permit for a common sewage system if the common sewage system facility is in chronic noncompliance and the common sewage system facility proposes to use new technology that in the discretion of the division cannot be verified to meet permit requirements.
(b) The applicant's financial ability to operate and maintain the common sewage system for a period of five (5) years shall be demonstrated to the division by:
(1) Obtaining insurance that specifically covers operation and maintenance costs;
(2) Obtaining a letter of credit;
(3) Obtaining a surety bond;
(4) Obtaining a trust fund or an escrow account; or
(5) Using a combination of insurance, letter of credit, surety bond, trust fund, or escrow account.
(c) The division may require an amount of financial assurance that exceeds the cost estimate submitted by the applicant.
(d) A financial instrument required by this section shall be posted to the benefit of the division and shall remain in effect for the life of the permit.
(e) It is explicitly understood that the division shall not directly operate and shall not be responsible for the operation of any sewage system.
(f) This section does not restrict local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas.
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