Browse Arkansas Code titles and sections
8-6-2016. Remediation procedures for environmental citations.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-2016. Remediation procedures for environmental citations.
(a)(1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.
(2) The time period shall not exceed thirty (30) days from the date of the environmental citation.
(b) To determine the time period, the environmental officer shall consider without limitation:
(1) The severity of the environmental violation;
(2) The size of the environmental violation;
(3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and
(4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.
(c)(1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section.
(2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the district court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing.
(d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement.
(e)(1) If the alleged violator has removed the solid waste or remediated the environmental violation and presented a cost statement to the environmental officer, the environmental officer sh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2016
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:8-6-2016
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d9603fb0e2084192339c99ab55ca92ee13925a99b716bbae51560ceee395c4e4
Source location: content.xml paragraph 6556
Stored source content
8-6-2016. Remediation procedures for environmental citations.
(a)(1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.
(2) The time period shall not exceed thirty (30) days from the date of the environmental citation.
(b) To determine the time period, the environmental officer shall consider without limitation:
(1) The severity of the environmental violation;
(2) The size of the environmental violation;
(3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and
(4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.
(c)(1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section.
(2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the district court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing.
(d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement.
(e)(1) If the alleged violator has removed the solid waste or remediated the environmental violation and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the district court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn.
(2) The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation.
(f) After filing the affidavit under subsection (e) of this section, the environmental officer shall notify the district court that the hearing required under § 8-6-2015 is unnecessary and the environmental citation has been withdrawn.
(g) The environmental officer shall provide a copy of the affidavit under subsection (e) of this section to the Environmental Compliance Resource Program.
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
8-6-2015. Hearing on an environmental citation — Penalties.
(a)(1)(A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the district court named within the citation at the location and time designated in the citation.
(B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.
(2) If the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the district court shall dismiss the matter from the docket without hearing.
(3) If the environmental officer extends the time period for remediation under § 8-6-2016(c), the district court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.
(b) A district court having jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 and may grant an available remedy referenced in this subchapter unless the remedy is not available to the district court.
(c)(1) A judgment entered under this subchapter:
(A) May be enforced in the same manner as any other judgment; and
(B) Is a final decision for purposes of appellate review.
(2) A person against which the judgment is entered may appeal the decision to circuit court.
(d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2015
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 8-6-2015. This identifies an authority to review, not proof of applicability.