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8-7-1403. Reporting of properties contaminated through the manufacture of controlled substances.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1403. Reporting of properties contaminated through the manufacture of controlled substances.
(a) If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of contaminated material.
(b)(1) If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under § 8-7-1402.
(2) If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under § 8-7-1404.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1403
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:8-7-1403
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 097203cf1d178e2350129e8f5ef6442efde5ead67689014653bef7d76add5704
Source location: content.xml paragraph 9110
Stored source content
8-7-1403. Reporting of properties contaminated through the manufacture of controlled substances.
(a) If a private property owner finds an abandoned laboratory for the manufacture of controlled substances on his or her property and there has been no active on-site law enforcement involvement, the private property owner shall notify local law enforcement for proper removal of contaminated material.
(b)(1) If a property owner finds or becomes aware of evidence of a laboratory for the manufacture of controlled substances on his or her property, the property owner shall have the property inspected in accordance with the guidelines established by the Division of Environmental Quality under this subchapter by a contractor certified by the division under § 8-7-1402.
(2) If the contractor selected by the property owner under subdivision (b)(1) of this section verifies that a laboratory for the manufacture of controlled substances has been on the property, the contractor shall notify the division, and the division shall place the property on the contaminated properties list required under § 8-7-1404.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1402. Professional cleanup of properties contaminated through the manufacture of controlled substances.
(a) The Division of Environmental Quality shall:
(1) Establish and administer a certification program to:
(A) Certify contractors who choose to undertake the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances; and
(B) Require as a condition of certification that the contractors demonstrate that they have the qualifications required to undertake inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances;
(2) Establish standards for the remediation of properties contaminated through the manufacture of controlled substances;
(3) Make the certification program rules and the remediation standards available to law enforcement officials and the public:
(A) On the division's website; and
(B) In hard copy upon request to the division; and
(4) Annually review and update the remediation standards.
(b)(1) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement the certification program for contractors in the inspection, sampling, remediation, and removal of contaminated materials from property contaminated through the manufacture of controlled substances.
(2) The rules promulgated by the commission under this section shall include without limitation:
(A) Application forms for certification;
(B) Continuing education requirements;
(C) Professional and technical standards for certification;
(D) Renewals of certification;
(E) Procedures for revocation and other actions that affect the status of certification; and
(F) Reasonab
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1402
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 8-7-1402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-1404. Recordkeeping required.
(a) The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances.
(b) The division shall:
(1) Create a list of properties contaminated through the manufacture of controlled substances;
(2) Place a contaminated property on the contaminated properties list;
(3) Not determine that a property has been adequately remediated unless:
(A) The inspection, sampling, remediation, and removal of contaminated materials is performed:
(i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or
(ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and
(B) The property has met the remediation standards developed by the division;
(4)(A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated.
(B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and
(5) Remove a property from the list when the division finds that the property has been adequately remediated.
(c)(1) The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-1404
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 8-7-1404. This identifies an authority to review, not proof of applicability.