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8-7-1102. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1102. Definitions.
(a) As used in this subchapter:
(1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;
(2) “Implementing agreement” means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104;
(3) “Industrial, commercial, or agricultural activity” means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;
(4) “Property” means property and improvements, including:
(A) A facility as defined in 42 U.S.C. § 9601; and
(B) A site as defined in § 8-7-203;
(5) “Prospective purchaser” means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site;
(6) “Residential property” means any real property used as a dwelling or property with four (4) or fewer dwelling units used e
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1102
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:8-7-1102
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0705616b12ce3f79241bb877b9629f66a7655eec0afa02de984a4eaaa064bc59
Source location: content.xml paragraph 8808
Stored source content
8-7-1102. Definitions.
(a) As used in this subchapter:
(1) “Abandoned site” means a site on which industrial, commercial, or agricultural activity occurred and for which no responsible person can reasonably be pursued for a remedial response to clean up the site or residential property or when the Division of Environmental Quality determines it is in the best interest of the citizens of Arkansas to promote redevelopment under this subchapter while continuing to pursue the responsible party or parties;
(2) “Implementing agreement” means a plan, order, memorandum of agreement, or other enforceable document issued by the division under provisions of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., the Remedial Action Trust Fund Act, § 8-7-501 et seq., or this subchapter, to implement the voluntary cleanup process described in § 8-7-1104;
(3) “Industrial, commercial, or agricultural activity” means commercial, manufacturing, agricultural, or any other activity done to further the development, manufacturing, or distribution of goods and services, as well as soil cultivation and crop or livestock production, including, but not limited to, research and development, warehousing, shipping, transport, remanufacturing, repair, and maintenance of commercial machinery and equipment;
(4) “Property” means property and improvements, including:
(A) A facility as defined in 42 U.S.C. § 9601; and
(B) A site as defined in § 8-7-203;
(5) “Prospective purchaser” means a person who expresses a willingness to acquire an abandoned site and is not responsible for any preexisting pollution at or contamination on the abandoned site;
(6) “Residential property” means any real property used as a dwelling or property with four (4) or fewer dwelling units used exclusively for residential use; and
(7)(A) “Site assessment” means the site assessment to establish the baseline level of existing contamination on a site.
(B) At a minimum, the assessment shall identify the location and extent of contamination, the quantity or level of contamination, the type of contamination, the probable source of contamination, and the risk or threat associated with the contamination as described in § 8-7-1104.
(C) The assessment also shall include a description of the intended land use of the site.
(b) Any other terms of this subchapter not expressly defined shall have the same definitions as provided in § 8-7-203, § 8-7-304, or § 8-7-503, unless manifestly inconsistent with the provisions and remedial intent of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
For purpose of this subchapter—
(1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency.
(3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit.
(4) The term “claim” means a demand in writing for a sum certain.
(5) The term “claimant” means any person who presents a claim for compensation under this chapter.
(6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title.
(7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals.
(8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.
(9) The term “facility” means (A) any building, st
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 9601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 7709
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9601
1 So in original. Probably should be ‘‘or’’.
Sec.
9657.
Separability; contribution.
9658.
Actions under State law for damages from ex-
posure to hazardous substances.
9659.
Citizens suits.
9660.
Research, development, and demonstration.
9660a.
Grant program.
9661.
Love Canal property acquisition.
9662.
Limitation on contract and borrowing au-
thority.
SUBCHAPTER IV—POLLUTION INSURANCE
9671.
Definitions.
9672.
State laws; scope of subchapter.
9673.
Risk retention groups.
9674.
Purchasing groups.
9675.
Applicability of securities laws.
SUBCHAPTER I—HAZARDOUS SUBSTANCES
RELEASES, LIABILITY, COMPENSATION
§ 9601. Definitions
For purpose of this subchapter—
(1) The term ‘‘act of God’’ means an unan-
ticipated grave natural disaster or other nat-
ural phenomenon of an exceptional, inevitable,
and irresistible character, the effects of which
could not have been prevented or avoided by
the exercise of due care or foresight.
(2) The term ‘‘Administrator’’ means the Ad-
ministrator of the United States Environ-
mental Protection Agency.
(3) The term ‘‘barrel’’ means forty-two
United States gallons at sixty degrees Fahr-
enheit.
(4) The term ‘‘claim’’ means a demand in
writing for a sum certain.
(5) The term ‘‘claimant’’ means any person
who presents a claim for compensation under
this chapter.
(6) The term ‘‘damages’’ means damages for
injury or loss of natural resources as set forth
in section 9607(a) or 9611(b) of this title.
(7) The term ‘‘drinking water supply’’ means
any raw or finished water source that is or
may be used by a public water system (as de-
fined in the Safe Drinking Water Act [42
U.S.C. 300f et seq.]) or as drinking water by
one or more individuals.
(8) The
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9601. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1104. Voluntary cleanup process.
(a) This section applies:
(1) To a person who:
(A) Is a prospective purchaser of an abandoned industrial, commercial, or agricultural property with known or suspected contamination;
(B) Is a prospective purchaser of abandoned residential property;
(C) Did not by act or omission cause or contribute to any release or threatened release of a hazardous substance on or from the identified abandoned site or is otherwise considered to be a responsible party pursuant to § 8-7-512(a)(2)-(4); and
(D) Will reuse or redevelop the property for industrial, commercial, agricultural, or residential uses which will sustain or create employment opportunities or otherwise augment the local or state economy and tax base, or both; or
(2) To a person who:
(A) Is not a responsible party pursuant to § 8-7-512(a)(2)-(4);
(B) Submits a letter of intent to participate; and
(C) Subsequently acquires title to an abandoned site prior to completion of an implementing agreement as set forth in subsection (d) of this section.
(b) A comprehensive site assessment shall be completed to establish the baseline of existing contamination on the site.
(c) Following completion of a comprehensive site assessment, the Division of Environmental Quality shall determine whether the site assessment adequately identifies the environmental risks posed by the abandoned site.
(d)(1) The division and the prospective purchaser shall enter into an implementing agreement based on the results of the comprehensive site assessment.
(2) The implementing agreement shall establish cleanup liabilities and obligations for the abandoned site.
(3) The prospective purchaser shall provide notice of the implementing agreement in a newspaper of general circulation that ser
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1104
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 8-7-1104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-201. Title.
This subchapter may be cited as the “Arkansas Hazardous Waste Management Act of 1979”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-201
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 8-7-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-203. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;
(2) [Repealed.]
(3) [Repealed.]
(4) “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water in whatever manner so that such hazardous waste or any constituent thereof might or might not enter the environment or be emitted into the air or discharged into any waters including groundwaters;
(5) “Facility” means any land and appurtenances thereon and thereto used for the treatment, storage, or disposal of hazardous waste;
(6) “Generation” means the act or process of producing waste materials;
(7)(A) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality:
(i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(B) “Hazardous waste” includes, but is not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, or strong sensitizers or those which generate pressure through decomposition, heat, or other means;
(8) “Hazardous waste management” means the systematic control of the generation, collection, distribution, marketing, source separation, storage, transportation, processing, recovery, disposa
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-203
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 8-7-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-501. Title.
This subchapter may be known and may be cited as the “Remedial Action Trust Fund Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-501
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 8-7-501. This identifies an authority to review, not proof of applicability.