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8-5-904. Modification of water quality standards.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-5-904. Modification of water quality standards.
(a) The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term improvement projects, the remedial action plan described in § 8-5-903(a) shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.
(b)(1) Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division.
(2) The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory.
(3) Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.
(c) The division or the petitioner shall report annually to the commissio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-5-904
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:8-5-904
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b088f2e9a0a75aae5c7cb4acb6a9fe3cd9da694a7ccb89a984ae735a0a38ad39
Source location: content.xml paragraph 3324
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8-5-904. Modification of water quality standards.
(a) The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term improvement projects, the remedial action plan described in § 8-5-903(a) shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.
(b)(1) Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division.
(2) The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory.
(3) Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.
(c) The division or the petitioner shall report annually to the commission on the progress of the project.
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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. The source passage cites 8-5-903. This identifies an authority to review, not proof of applicability.