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8-7-509. Hazardous Substance Remedial Action Trust Fund.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-509. Hazardous Substance Remedial Action Trust Fund.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-509

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Stable record: arkansas_code:legal_authorities:8-7-509
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1dc37ccf0fd7dc2a2cf01a8a05995edc55054314c389141a64aad3e9ed1c74d9

Source location: content.xml paragraph 7474

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8-7-509. Hazardous Substance Remedial Action Trust Fund. (a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action Trust Fund. (c)(1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-313, 8-6-201 — 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and § 20-27-1001 et seq. (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund: (A) Any moneys received by the state as a gift or donation to the fund; (B) All interest earned upon moneys deposited into the fund; (C) All fees assessed under § 8-7-518; (D) All punitive damages collected pursuant to § 8-7-517; and (E) Any other moneys legally designated for the fund. (3) In addition, there is authorized to be deposited into the fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504. (d)(1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year. (2)(A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-1101 et seq. (B) This amount shall not exceed five hundred thousand dollars ($500,000) per fiscal year. (3) The remaining moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director as authorized by this subsection and subsection (e) of this section: (A) For the costs and expenses reasonably necessary for the administration of this subchapter by the Division of Environmental Quality; (B) For the state share mandated by § 104(c)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9604(c)(3); and (C) To provide for the investigation, identification, assessment, containment, abatement, treatment, or control, including monitoring and maintenance, of hazardous substance sites within the state. The director may enter into the contracts and use the funds for those purposes directly associated with identification, investigation, containment, abatement, treatment, or control, including monitoring and maintenance, prescribed above, including: (i) Hiring of personnel; (ii) Purchasing, leasing, or renting of equipment; and (iii) Other necessary expenses related to the operation and implementation of this subchapter. (e) The moneys in the Hazardous Substance Remedial Action Trust Fund may be expended by the director for removal actions, including: (1) The purchase of any commodities or services necessary in taking removal actions in connection with a release or threatened release; and (2) Reimbursement of all costs incurred by the division in taking removal actions in connection with a release or threatened release. (f)(1) No expenditures from the Hazardous Substance Remedial Action Trust Fund, as authorized by subdivisions (d)(3)(B) and (C) of this section, shall be made prior to the approval by the Arkansas Pollution Control and Ecology Commission of a prioritized listing of hazardous substance sites at which remedial actions are authorized through the use of Hazardous Substance Remedial Action Trust Fund moneys. This listing shall be revised annually by the division and submitted to the commission for approval after public notice and opportunity for hearing. (2) Upon a showing that a release of a hazardous substance at a hazardous substance site exists and will continue without expeditious remedial action, the commission may list the site on the prioritized listing pursuant to the procedures set out in § 8-4-202(e) prior to public notice and thereby authorize the director to expend funds pursuant to subdivision (d)(3)(C) of this section. Such an emergency listing need not be supported by a factual showing of irreparable harm or imminent and substantial endangerment. (g)(1) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601, grants to the state under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, Pub. L. No. 96-510, as each may be amended from time to time, and otherwise from the United States Environmental Protection Agency received by the Treasurer of State from the United States Government are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (2) When received by the Treasurer of State, the cash funds shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions. (3) The Treasurer of State shall pay the cash funds to the Arkansas Development Finance Authority for deposit into the Brownfield Revolving Loan Fund established pursuant to the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq., to be used for the purposes authorized by this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq. (4) Such federal grants transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter and the Arkansas Brownfield Revolving Loan Fund Act, § 15-5-1501 et seq.

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

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 6901 — Congressional findings

Page 6921 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6901 Sec. 6985. Special study and demonstration projects on recovery of useful energy and materials. 6986. Grants for resource recovery systems and im- proved solid waste disposal facilities. 6987. Authorization of appropriations. SUBCHAPTER IX—REGULATION OF UNDERGROUND STORAGE TANKS 6991. Definitions and exemptions. 6991a. Notification. 6991b. Release detection, prevention, and correction regulations. 6991c. Approval of State programs. 6991d. Inspections, monitoring, testing, and correc- tive action. 6991e. Federal enforcement. 6991f. Federal facilities. 6991g. State authority. 6991h. Study of underground storage tanks. 6991i. Operator training. 6991j. Use of funds for release prevention and com- pliance. 6991k. Delivery prohibition. 6991l. Tanks on tribal lands. 6991m. Authorization of appropriations. SUBCHAPTER X—DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM 6992. Scope of demonstration program for medical waste. 6992a. Listing of medical wastes. 6992b. Tracking of medical waste. 6992c. Inspections. 6992d. Enforcement. 6992e. Federal facilities. 6992f. Relationship to State law. 6992g. Repealed. 6992h. Health impacts report. 6992i. General provisions. 6992j. Effective date. 6992k. Authorization of appropriations. SUBCHAPTER I—GENERAL PROVISIONS § 6901. Congressional findings (a) Solid waste The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of man- ufacture, packaging, and marketing of con- sumer products has resulted in an ever-mount- ing increase, and in a change in the character- istics, of the mass material discarded by the purchaser of such products; (2) that the econo

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 9604 — Response authorities

**(a) Removal and other remedial action by President; applicability of national contingency plan; response by potentially responsible parties; public health threats; limitations on response; exception** (1) Whenever (A) any hazardous substance is released or there is a substantial threat of such a release into the environment, or (B) there is a release or substantial threat of release into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare, the President is authorized to act, consistent with the national contingency plan, to remove or arrange for the removal of, and provide for remedial action relating to such hazardous substance, pollutant, or contaminant at any time (including its removal from any contaminated natural resource), or take any other response measure consistent with the national contingency plan which the President deems necessary to protect the public health or welfare or the environment. When the President determines that such action will be done properly and promptly by the owner or operator of the facility or vessel or by any other responsible party, the President may allow such person to carry out the action, conduct the remedial investigation, or conduct the feasibility study in accordance with [section 9622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9622&num=0&edition=prelim). No remedial investigation or feasibility study (RI/FS) shall be authorized except on a determination by the President that the party is qualified to conduct the RI/FS and only if the President contracts with or arranges for a qualified person to assist the President in overseeing and reviewing the conduct of such RI/FS and if the responsible party

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9604

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 9604. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 9604 — Response authorities

Page 7723 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9604 (Pub. L. 96–510, title I, § 103, Dec. 11, 1980, 94 Stat. 2772; Pub. L. 96–561, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3300; Pub. L. 99–499, title I, §§ 103, 109(a)(1), (2), Oct. 17, 1986, 100 Stat. 1617, 1632, 1633; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; Pub. L. 115–141, div. S, title XI, § 1102, Mar. 23, 2018, 132 Stat. 1147.) Editorial Notes REFERENCES IN TEXT The Clean Water Act, referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal Water Pollution Control Act, which is classi- fied generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (b)(2), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 16 and Tables. The Solid Waste Disposal Act, referred to in subsecs. (c) and (f)(1), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795. Subtitle C of the Solid Waste Disposal Act is classified generally to subchapter III (§ 6921 et seq.) of chapter 82 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. This chapter

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9604

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9604. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-101. Title.

8-4-101. Title. This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-101

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 8-4-101. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-106. Technical and other services and public assistance.

8-4-106. Technical and other services and public assistance. (a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality. (b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-106

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 8-4-106. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-201. Powers and duties of division and commission generally.

8-4-201. Powers and duties of division and commission generally. (a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties: (1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state; (2)Investigations and Surveys. (A) To investigate the extent, character, and effect of the pollution of the waters of this state; and (B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws; (3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and (4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof. (b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties: (1)(A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration. (B) 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 commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-201

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 8-4-201. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-229. Appeals, proceedings, etc. — Presumptions.

8-4-229. Appeals, proceedings, etc. — Presumptions. (a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with. (b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated. (c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-229

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 8-4-229. This identifies an authority to review, not proof of applicability.