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8-5-903. Procedures for approval of environmental projects, contents of applications, and public notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-5-903. Procedures for approval of environmental projects, contents of applications, and public notice.
(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum:
(1) A description of the water body or stream segment affected by the project;
(2) The existing ambient water quality for the use of criteria at issue;
(3) The affected water quality standard;
(4) The modifications sought;
(5) The proposed remediation activities;
(6) A proposed remediation plan, which shall contain:
(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B) A description of the proposed water quality standard modification, both during and post-project;
(C) A description of the proposed remediation plan; and
(D) The anticipated collateral effects, if any, of the remediation plan; and
(7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.
(b) The division shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in § 8-4-203(c), and shall notify the public that the details of the proposed project are available for public review.
(c)(1) After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied.
(2) The division may deny approval of a project if it reasonably concl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-5-903
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:8-5-903
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3111f6974c1f91a8b214caf03ee905197337b04935b8d7c88c51282902e528a9
Source location: content.xml paragraph 3294
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8-5-903. Procedures for approval of environmental projects, contents of applications, and public notice.
(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum:
(1) A description of the water body or stream segment affected by the project;
(2) The existing ambient water quality for the use of criteria at issue;
(3) The affected water quality standard;
(4) The modifications sought;
(5) The proposed remediation activities;
(6) A proposed remediation plan, which shall contain:
(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B) A description of the proposed water quality standard modification, both during and post-project;
(C) A description of the proposed remediation plan; and
(D) The anticipated collateral effects, if any, of the remediation plan; and
(7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.
(b) The division shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in § 8-4-203(c), and shall notify the public that the details of the proposed project are available for public review.
(c)(1) After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied.
(2) The division may deny approval of a project if it reasonably concludes that:
(A) The plan is not complete;
(B) The plan is not technically sound;
(C) The schedule is unrealistic;
(D) The plan will not have an overall beneficial effect for the environment; or
(E) For other appropriate reasons.
(3) Any division determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in § 8-4-205.
(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by § 8-4-202 and established in administrative procedures.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-202. Rules.
(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commission under this chapter.
(b) Without limiting the generality of this authority, these rules may, among other things, prescribe:
(1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities;
(2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and
(3) Water quality standards, performance standards, and pretreatment standards.
(c)(1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial.
(2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section.
(3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-202
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 8-4-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-203. Permits generally — Definitions.
(a) The Division of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect, revoke, modify, or deny permits, under such conditions as it may prescribe:
(1) To prevent, control, or abate pollution;
(2) For the discharge of sewage, industrial waste, or other wastes into the waters of the state, including the disposal of pollutants into wells; and
(3) For the installation, modification, or operation of disposal systems or any part of them.
(b)(1)(A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first:
(i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section;
(ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and
(iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation:
(a) Local zoning ordinances;
(b) Local planning authority regulations; and
(c) Local permitting requirements.
(B) As used in this section, “nonmunicipal domestic sewage treatment works” means a device or system operated by an entity other than a city, town, or county that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system.
(C) The following are specifically exempted from the requirements of this subsection:
(i) State or federal facilities;
(ii) Schools;
(iii) Universities and colleges;
(iv) Enti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-203
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 8-4-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-205. Permits — Hearings upon denial, revocation, or modification and other permit actions — Definition.
(a) Any person that is denied a permit by the Director of the Division of Environmental Quality or that has a permit revoked or modified or a request for permit transfer or modification denied shall be afforded an opportunity for a hearing by the Arkansas Pollution Control and Ecology Commission in connection therewith, upon written application made within thirty (30) days after service of notice of the denial, revocation, or modification.
(b)(1) Only those interested persons, other than the applicant, that have submitted comments on the record regarding a proposed permit action during the public comment period shall have standing to request a hearing by the commission in connection therewith, upon written application made within thirty (30) days after the date of the Division of Environmental Quality's final decision regarding the permit action.
(2) No interested party requesting a hearing under this subsection may raise any issue in the hearing that was not raised in the public comments unless the party raising the issue shows good cause why such issue could not, with reasonable diligence, have been discovered and presented during the public comment period. The limitation in this subdivision (b)(2) shall not restrict the issues that may be addressed by the applicant in any appeal.
(3) A request for a hearing shall identify the permit action in question and its date and must include a complete and detailed statement identifying the legal and factual objections to the permit action.
(c)(1)(A) Within thirty (30) days of the date the request for a hearing is filed with the Secretary of the Arkansas Pollution and Ecology Control Commission, a preliminary he
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-205
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 8-4-205. This identifies an authority to review, not proof of applicability.