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8-6-2003. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-2003. Definitions.
As used in this subchapter:
(1) “Alleged violator” means a person that has been issued an environmental citation under this subchapter by an environmental officer;
(2) “Cost statement” means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that:
(A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and
(B) The solid waste was properly disposed of at one (1) or more of the following facilities:
(i) A permitted solid waste disposal facility;
(ii) A permitted solid waste processing facility;
(iii) A recycling center;
(iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or
(v) Any other facility that an environmental officer finds to be a proper disposal facility for the solid waste;
(3) “Environmental officer” means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has:
(A) Completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; and
(B) Authority to enter land to investigate and inspect as provided under § 8-1-107 to enforce environmental laws under the authority of the Division of Environmental Quality;
(4) “Environmental violation” means an act or omission that:
(A) Is prohibited under § 8-6-2005; or
(B) Causes or results in the violation of a state law, rule, or order that is:
(i) Designed to protect the public health, safety,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2003
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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Record provenance
Stable record: arkansas_code:legal_authorities:8-6-2003
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 85a827f792faa0f6a05487fa963e435f778e56f61eaa846c78641cb6c1568498
Source location: content.xml paragraph 6418
Stored source content
8-6-2003. Definitions.
As used in this subchapter:
(1) “Alleged violator” means a person that has been issued an environmental citation under this subchapter by an environmental officer;
(2) “Cost statement” means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that:
(A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and
(B) The solid waste was properly disposed of at one (1) or more of the following facilities:
(i) A permitted solid waste disposal facility;
(ii) A permitted solid waste processing facility;
(iii) A recycling center;
(iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or
(v) Any other facility that an environmental officer finds to be a proper disposal facility for the solid waste;
(3) “Environmental officer” means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has:
(A) Completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; and
(B) Authority to enter land to investigate and inspect as provided under § 8-1-107 to enforce environmental laws under the authority of the Division of Environmental Quality;
(4) “Environmental violation” means an act or omission that:
(A) Is prohibited under § 8-6-2005; or
(B) Causes or results in the violation of a state law, rule, or order that is:
(i) Designed to protect the public health, safety, or welfare; and
(ii) Applicable to this subchapter under § 8-6-2004;
(5) “Illegal dumping of solid waste” means the illegal placing, depositing, dumping, or causing to be placed, deposited, or dumped by a person any solid waste that is prohibited by this chapter:
(A) In or upon a public or private highway, road, or street, including a portion of the right-of-way in or upon a public or private highway, road, or street;
(B) In or upon private property into or upon which the public is admitted by easement or license of the private property;
(C) In or upon a public park or other public property; or
(D) Upon property for which a permit has not been issued by the division;
(6)(A) “Illegal dump site” means a place where solid waste is disposed of in a manner that is prohibited by this chapter.
(B) “Illegal dump site” includes a place where one (1) or more of the following exists:
(i) An attractive nuisance;
(ii) A fire, health, or safety hazard;
(iii) A potential source of surface or groundwater contamination;
(iv) A waste tire site as defined in § 8-9-402; or
(v) Other contamination that is hazardous to the public health or endangers the environment; and
(7) “Person” means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.
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
8-1-107. Inspections — Definitions — Investigations — Inspection warrant — Exceptions — Penalties.
(a) General. Whenever it shall be necessary for the purpose of implementing or monitoring the enforcement of any law charged to the authority of the Division of Environmental Quality, any authorized employee or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting investigations or inspections, subject to the following provisions.
(b) Definitions. As used in this section, the following terms shall have these ascribed meanings:
(1) “Administrative inspections” means investigation by division personnel at facilities operating within the division's apparent regulatory jurisdiction;
(2) “Facility” means the public or private area, premises, curtilage, building, or conveyance described as the subject of administrative inspection;
(3) “Pervasively regulated facility or activity” means the activity or facility that is the location of activity authorized by the division through a permit, license, certification, or operational status approval; and
(4)(A) “Probable cause” means showing that an administrative search limited in scope is necessary to ensure compliance with or enforcement of laws, rules, federal regulations, or orders charged to the division for implementation.
(B) For the purpose of conducting administrative inspections or applying for administrative warrants, probable cause may be provided to the division through complaints or other means that reasonably justify a limited and controlled administrative inspection.
(c)Administrative Inspections.
(1)(A) Whenever the division obtains information that supports reasonable cause to believe that a violation of any law within its regulatory
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-107
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 8-1-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-2004. Applicability.
This subchapter applies to the enforcement of illegal dumping of solid waste in violation of this subchapter and the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2004
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 8-6-2004. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-2005. Prohibited conduct.
An act or omission that results in one (1) or more of the following in this state is prohibited by this subchapter:
(1) The illegal dumping of solid waste on public or private property;
(2) The creation or participation in the creation or furtherance of an illegal dump site;
(3) The disposal of solid waste that has resulted from a property owner's own household activities on his or her own land if the disposal:
(A) Creates a public or private nuisance;
(B) Is a hazard to health; or
(C) Involves the open dumping of garbage; or
(4) Any other environmental violation applicable to this subchapter under § 8-6-2004.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2005
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 8-6-2005. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-701. Purpose — Legislative findings — Construction.
The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. The current system, relying upon solid waste management by individual counties and municipalities, has fostered present conditions in which certain areas of the state are facing capacity shortages of crisis proportions, while others experience a surfeit of capacity with individual disposal facilities which cannot muster the resources for environmentally responsible operators. Given these disparate environmental and economic concerns, the General Assembly concludes that regional solid waste management and planning, under the oversight of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission, is essential to address the imminent and future needs of the state. The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-701
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 8-6-701. This identifies an authority to review, not proof of applicability.