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8-7-503. Definitions.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-503. Definitions.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-503

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Stable record: arkansas_code:legal_authorities:8-7-503
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6d12057adaab179003464c9167ad5216a820f948f7ed3ccc687a99036629b982

Source location: content.xml paragraph 7360

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8-7-503. Definitions. As used in this subchapter: (1) “Commission” means the Arkansas Pollution Control and Ecology Commission; (2) [Repealed.] (3) [Repealed.] (4) “Federal act” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510; (5) “Fund” means the Hazardous Substance Remedial Action Trust Fund created by this subchapter; (6) “Hazardous substance” means: (A) As of March 21, 1985, any: (i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A); (ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9602; (iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated thereunder; (iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a); (v) Hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412; and (vi) Hazardous chemical substance or mixture regulated under § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606; and (B) Any other substance or pollutant designated by rules of the commission promulgated under this subchapter; (7) “Hazardous substance sites” means any sites or facilities where hazardous substances have been disposed of or from which there is a release or threatened release of hazardous substances; (8) “Person” means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or federal government or agency, quasi-governmental agency, county government, school district, and planning and development district, or any other legal entity, however organized; (9) “Releases of hazardous substances” means any spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substances into the environment; (10) “Remedial action” means action necessary to effect permanent control, abatement, prevention, treatment, or containment of releases and threatened releases, including the removal of hazardous substances from the environment when removal is necessary to protect public health and the environment. Such actions are intended to include investigations designed to determine the need for and scope of remedial action and such planning, legal, fiscal, economic, engineering, geological, technical, or architectural studies as necessary to plan and direct remedial actions, to recover the cost thereof, and to enforce the provisions of this subchapter; (11) “Removal action” means: (A) The necessary cleanup or removal of a released hazardous substance from the environment; (B) Necessary actions taken in the event of a threatened release of a hazardous substance into the environment; (C) Actions necessary to monitor, test, analyze, and evaluate a release or threatened release of a hazardous substance; (D) Disposal or processing of removed material; or (E) Other actions necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment that may otherwise result from a release or threatened release; (12) “Threatened release” means, for the purpose of this subchapter, any situation in which a sudden or nonsudden release of hazardous substances can be reasonably expected unless prevented by change of operation or installation or construction of containment or treatment devices or by removal action or other remedial action; and (13) “Treatment”, “storage”, “disposal”, “generation”, and “hazardous waste” mean the same as provided in § 8-7-203 and the rules promulgated pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2606 — Imminent hazards

**(a) Actions authorized and required** (1) The Administrator may commence a civil action in an appropriate district court of the United States— (A) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, (B) for relief (as authorized by subsection (b)) against any person who manufactures, processes, distributes in commerce, or uses, or disposes of, an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture, or (C) for both such seizure and relief. A civil action may be commenced under this paragraph notwithstanding the existence of a determination under section 2604 or 2605 of this title, a rule under section 2603, 2604, or 2605 of this title or subchapter IV, an order under section 2603, 2604, or 2605 of this title or subchapter IV, or a consent agreement under [section 2603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2603&num=0&edition=prelim), and notwithstanding the pendency of any administrative or judicial proceeding under any provision of this chapter. (2) If the Administrator has not made a rule under [section 2605(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/a&num=0&edition=prelim) immediately effective (as authorized by [section 2605(d)(3)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/d/3/A/i&num=0&edition=prelim)) with respect to an imminently hazardous chemical substance or mixture, the Administrator shall commence in a district court of the United States with respect to such substance or mixture or article containing such substance or mixture a civil action described in subp

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2606

Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 2606. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2606 — Imminent hazards

Page 1871 TITLE 15—COMMERCE AND TRADE § 2606 Subsec. (d)(3). Pub. L. 114–182, § 6(5)(A), redesignated par. (2) as (3). Subsec. (d)(3)(A). Pub. L. 114–182, § 6(5)(C)(i)(I), in in- troductory provisions, substituted ‘‘, and compliance with the proposed requirements to be mandatory, upon publication in the Federal Register of the proposed rule and until the compliance dates applicable to such re- quirements in a final rule promulgated under section 2605(a) of this title or until the Administrator revokes such proposed rule, in accordance with subparagraph (B), if’’ for ‘‘upon its publication in the Federal Reg- ister and until the effective date of final action taken, in accordance with subparagraph (B), respecting such rule if’’. Subsec. (d)(3)(A)(i)(I). Pub. L. 114–182, § 6(5)(C)(i)(II), inserted ‘‘without consideration of costs or other non- risk factors’’ after ‘‘effective date’’. Subsec. (d)(3)(B). Pub. L. 114–182, § 6(5)(C)(ii), sub- stituted ‘‘in accordance with subsection (c), and either promulgate such rule (as proposed or with modifica- tions) or revoke it.’’ for ‘‘, provide reasonable oppor- tunity, in accordance with paragraphs (2) and (3) of sub- section (c), for a hearing on such rule, and either pro- mulgate such rule (as proposed or with modifications) or revoke it; and if such a hearing is requested, the Ad- ministrator shall commence the hearing within five days from the date such request is made unless the Ad- ministrator and the person making the request agree upon a later date for the hearing to begin, and after the hearing is concluded the Administrator shall, within ten days of the conclusion of the hearing, either pro- mulgate such rule (as proposed or with modifications) or revoke it.’’ Subsec. (e)(4). Pub. L. 114–182, § 6(6), s

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2606

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 2606. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1317 — Toxic and pretreatment effluent standards

**(a) Toxic pollutant list; revision; hearing; promulgation of standards; effective date; consultation** (1) On and after December 27, 1977, the list of toxic pollutants or combination of pollutants subject to this chapter shall consist of those toxic pollutants listed in table 1 of Committee Print Numbered 95–30 of the Committee on Public Works and Transportation of the House of Representatives, and the Administrator shall publish, not later than the thirtieth day after December 27, 1977, that list. From time to time thereafter, the Administrator may revise such list and the Administrator is authorized to add to or remove from such list any pollutant. The Administrator in publishing any revised list, including the addition or removal of any pollutant from such list, shall take into account toxicity of the pollutant, its persistence, degradability, the usual or potential presence of the affected organisms in any waters, the importance of the affected organisms, and the nature and extent of the effect of the toxic pollutant on such organisms. A determination of the Administrator under this paragraph shall be final except that if, on judicial review, such determination was based on arbitrary and capricious action of the Administrator, the Administrator shall make a redetermination. (2) Each toxic pollutant listed in accordance with paragraph (1) of this subsection shall be subject to effluent limitations resulting from the application of the best available technology economically achievable for the applicable category or class of point sources established in accordance with sections 1311(b)(2)(A) and 1314(b)(2) of this title. The Administrator, in his discretion, may publish in the Federal Register a proposed effluent standard (which may include a prohibition) establish

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1317

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1317. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1317 — Toxic and pretreatment effluent stand-

Page 472 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1317 grain mills; canned and preserved fruits and vegetables processing; canned and preserved seafood processing; sugar processing; textile mills; cement manufacturing; feedlots; electroplating; organic chemicals manufacturing; inorganic chemicals manufacturing; plastic and synthetic materials manufac- turing; soap and detergent manufacturing; fertilizer manufacturing; petroleum refining; iron and steel manufacturing; nonferrous metals manufacturing; phosphate manufacturing; steam electric powerplants; ferroalloy manufacturing; leather tanning and finishing; glass and asbestos manufacturing; rubber processing; and timber products processing. (B) As soon as practicable, but in no case more than one year, after a category of sources is in- cluded in a list under subparagraph (A) of this paragraph, the Administrator shall propose and publish regulations establishing Federal stand- ards of performance for new sources within such category. The Administrator shall afford inter- ested persons an opportunity for written com- ment on such proposed regulations. After con- sidering such comments, he shall promulgate, within one hundred and twenty days after publi- cation of such proposed regulations, such stand- ards with such adjustments as he deems appro- priate. The Administrator shall, from time to time, as technology and alternatives change, re- vise such standards following the procedure re- quired by this subsection for promulgation of such standards. Standards of performance, or re- visions thereof, shall become effective upon pro- mulgation. In establishing or revising Federal standards of performance for new sources under this section, the Administrator shall take into consideration the

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1317

Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1317. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1321 — Oil and hazardous substance liability

**(a) Definitions** For the purpose of this section, the term— (1) “oil” means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil; (2) “discharge” includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping, but excludes (A) discharges in compliance with a permit under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), (B) discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit issued or modified under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), and subject to a condition in such permit,,11 So in original. (C) continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under [section 1342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1342&num=0&edition=prelim), which are caused by events occurring within the scope of relevant operating or treatment systems, and (D) discharges incidental to mechanical removal authorized by the President under subsection (c) of this section; (3) “vessel” means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water other than a public vessel; (4) “public vessel” means a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (5) “United States”

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1321

Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1321. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1321 — Oil and hazardous substance liability

Page 483 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1321 1 So in original. 2 See References in Text note below. shall be for each day (including travel-time) during which they are performing board busi- ness, entitled to receive compensation at a rate fixed by the Administrator but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5, and shall, notwithstanding the limitations of sections 5703 and 5704 of title 5, be fully reimbursed for travel, subsistence and re- lated expenses. (f) Enforcement proceedings When any such recommendation adopted by the Administrator involves the institution of enforcement proceedings against any person to obtain the abatement of pollution subject to such recommendation, the Administrator shall institute such proceedings if he believes that the evidence warrants such proceedings. The district court of the United States shall consider and de- termine de novo all relevant issues, but shall re- ceive in evidence the record of the proceedings before the conference or hearing board. The court shall have jurisdiction to enter such judg- ment and orders enforcing such judgment as it deems appropriate or to remand such pro- ceedings to the Administrator for such further action as it may direct. (June 30, 1948, ch. 758, title III, § 310, as added Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 860.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title

Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1321

Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1321. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

**(a) Definitions** For purposes of this section, except subsection (r)— (1) **Major source** — The term “major source” means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. The Administrator may establish a lesser quantity, or in the case of radionuclides different criteria, for a major source than that specified in the previous sentence, on the basis of the potency of the air pollutant, persistence, potential for bioaccumulation, other characteristics of the air pollutant, or other relevant factors. (2) **Area source** — The term “area source” means any stationary source of hazardous air pollutants that is not a major source. For purposes of this section, the term “area source” shall not include motor vehicles or nonroad vehicles subject to regulation under subchapter II. (3) **Stationary source** — The term “stationary source” shall have the same meaning as such term has under [section 7411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7411/a&num=0&edition=prelim). (4) **New source** — The term “new source” means a stationary source the construction or reconstruction of which is commenced after the Administrator first proposes regulations under this section establishing an emission standard applicable to such source. (5) **Modification** — The term “modification” means any physical change in, or change in the method of operation of, a major source which increases the actual emissions of any hazardous air pollutant emitted by such source by more

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7412

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7412. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7412 — Hazardous air pollutants

Page 7200 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7412 such regulations are proposed that, at a minimum, re- quire any source subject to such revised standards to emit sulfur dioxide at a rate not greater than would have resulted from compliance by such source with the applicable standards of performance under this section [amending sections 7411 and 7479 of this title] prior to such revision. ‘‘(c) APPLICABILITY.—The provisions of subsections (a) [amending this section] and (b) apply only so long as the provisions of section 403(e) of the Clean Air Act [42 U.S.C. 7651b(e)] remain in effect.’’ PENDING ACTIONS AND PROCEEDINGS Suits, actions, and other proceedings lawfully com- menced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see se

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7412

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7412. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9602 — Designation of additional hazardous substances and establishment of reportable released quantities; regulations

**(a)** The Administrator shall promulgate and revise as may be appropriate, regulations designating as hazardous substances, in addition to those referred to in [section 9601(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601/14&num=0&edition=prelim), such elements, compounds, mixtures, solutions, and substances which, when released into the environment may present substantial danger to the public health or welfare or the environment, and shall promulgate regulations establishing that quantity of any hazardous substance the release of which shall be reported pursuant to [section 9603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9603&num=0&edition=prelim). The Administrator may determine that one single quantity shall be the reportable quantity for any hazardous substance, regardless of the medium into which the hazardous substance is released. For all hazardous substances for which proposed regulations establishing reportable quantities were published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall promulgate under this subsection final regulations establishing reportable quantities not later than December 31, 1986. For all hazardous substances for which proposed regulations establishing reportable quantities were not published in the Federal Register under this subsection on or before March 1, 1986, the Administrator shall publish under this subsection proposed regulations establishing reportable quantities not later than December 31, 1986, and promulgate final regulations under this subsection establishing reportable quantities not later than April 30, 1988.” **(b)** Unless and until superseded by regulations establishing a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9602

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 9602. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9602 — Designation of additional hazardous sub-

Page 7720 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9602 Forces, amending sections 6926, 6928, 6991 to 6991d, 6991g, 9601 to 9609, 9611 to 9614, 9631, 9651, 9656, and 9657 of this title and section 1416 of Title 33, Navigation and Navigable Waters, and renumbering former section 2701 of Title 10 as section 2721 of Title 10] shall take effect on the enactment of this Act [Oct. 17, 1986].’’ Amendment by section 517(c)(2) of Pub. L. 99–499 ef- fective Jan. 1, 1987, see section 517(e) of Pub. L. 99–499, set out as an Effective Date note under section 9507 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300, provided that the amendment made by that sec- tion is effective 15 days after Dec. 22, 1980. SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–141, div. N, § 1, Mar. 23, 2018, 132 Stat. 1052, provided that: ‘‘This division [amending this section and sections 9604, 9607, and 9628 of this title] may be cited as the ‘Brownfields Utilization, Investment, and Local Development Act of 2018’ or the ‘BUILD Act’.’’ Pub. L. 115–141, div. S, title XI, § 1101, Mar. 23, 2018, 132 Stat. 1147, provided that: ‘‘This title [amending section 9603 of this title and enacting provisions set out as a note under section 9603 of this title] may be cited as the ‘Fair Agricultural Reporting Method Act’ or the ‘FARM Act’.’’ SHORT TITLE OF 2002 AMENDMENTS Pub. L. 107–118, § 1, Jan. 11, 2002, 115 Stat. 2356, pro- vided that: ‘‘This Act [enacting section 9628 of this title, amending this section and sections 9604, 9605, 9607, and 9622 of this title, and enacting provisions set out as notes under this section and section 9607 of this title] may be cited as the ‘Small Business Liability Relief and Brownf

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9602

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9602. This identifies an authority to review, not proof of applicability.