8-7-209. Powers and duties of the division and commission generally.

8-7-209. Powers and duties of the division and commission generally. (a) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws and rules regarding hazardous waste management; (2) To conduct and publish such studies of hazardous waste management in this state as shall be deemed appropriate, including, but not limited to: (A) A description of the sources of hazardous waste generated within the state; (B) Information regarding the types and quantities of such hazardous waste; and (C) A description of current hazardous waste management practices and costs including treatment, recovery, and disposal; (3) To develop, publish, and implement plans in accordance with the provisions of this subchapter for the safe and effective management of hazardous waste within this state, including, but not limited to: (A) The establishment of criteria for the identification of those locations within the state which are suitable for establishment of hazardous waste treatment or disposal facilities or sites; and (B) Those locations which are not suitable for such purposes; (4) To establish criteria for determination of whether any waste or combination of wastes is hazardous for purposes of this subchapter and to identify and specify wastes or combination of wastes as being hazardous; (5) To issue, continue in effect, revoke, modify, or deny, under such conditions as it may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment, storage, or disposal facilities or sites, as more particularly prescribed by §§ 8-7-215 — 8-7-222; (6) To make such investigations and inspections and to hold such hearings, after notice, as the division may deem necessary or advisable for the discharge of the division’s duties under this subchapter and to ensure compliance with this subchapter and any orders and rules issued pursuant thereto; (7) To make, issue, modify, revoke, and enforce orders, after notice and hearing, prohibiting violation of any of the provisions of this subchapter or of any rules issued pursuant thereto or any permit issued thereunder, and requiring the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter; (8)(A) To institute proceedings in the name of the division in any court of competent jurisdiction to compel compliance with and to restrain any violation of the provisions of this subchapter or any rules and orders issued pursuant thereto or any permit issued thereunder, and require the taking of such remedial measures as may be necessary or appropriate to implement or effectuate the provisions and purposes of this subchapter. (B) In any civil action in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the requested relief not be granted, nor that the remedy at law is inadequate; (9) To initiate, conduct, and support research, demonstration projects, and investigations, and coordinate all state agency research programs pertaining to hazardous waste management, and establish technical advisory committees to assist in the development of procedures, standards, criteria, and rules, the members of which may be reimbursed for travel expenses in accordance with § 25-16-901 et seq.; (10) To establish policies and standards for effective hazardous waste management; (11) To establish standards and procedures for the certification of personnel to operate hazardous waste treatment or disposal facilities or any commercial hazardous waste management facilities; and (12) In addition to the powers enumerated in subdivisions (a)(1)-(11) of this section, the division shall have and may use in the administration and enforcement of this subchapter all of the powers which the division has under other laws administered by the division, including the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (b) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To adopt, after notice and public hearing, and to promulgate, modify, repeal, and enforce rules regarding hazardous waste management as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter and the powers and duties of the division under this subchapter, including, but not limited to, rules for: (A) The containerization and labeling of hazardous waste, which rules, to the extent practicable, shall be consistent with those issued by the United States Department of Transportation, the United States Environmental Protection Agency, the State Highway Commission, and the Arkansas Department of Transportation; (B) Establishing standards and procedures for the safe operation and maintenance of facilities; (C) Identifying those wastes or combination of wastes which are incompatible and which may not be stored or disposed of together and procedures for preventing the storage, disposal, recovery, or treatment of incompatible wastes together; (D) The reporting of hazardous waste management activities; (E) Establishing standards and procedures for the certification of supervisory personnel at hazardous waste treatment or disposal facilities or sites as required under § 8-7-219(3); and (F) Establishing a manifest system for the transport of hazardous waste and prohibiting the receipt of hazardous waste at storage, processing, recovery, disposal, or transport facilities or sites without a properly completed manifest; (2)(A) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the Arkansas Pollution Control and Ecology Commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (B) The Arkansas Pollution Control and Ecology Commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(2)(A) of this section. (C) The extent of the analysis required under subdivision (b)(2)(A) of this section shall be defined in the Arkansas Pollution Control and Ecology Commission's rulemaking required under subdivision (b)(1) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (D) Upon completion of the public comment period, the Arkansas Pollution Control and Ecology Commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (3) Promulgation of rules and procedures not otherwise governed by applicable law which the Arkansas Pollution Control and Ecology Commission deems necessary to secure public participation in environmental decision-making processes; (4) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (5) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (6) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (7) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (8) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor; and (9) Upon a majority vote, initiate review of any director's decision.