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8-7-520. Contribution.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-520. Contribution.
(a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable for such hazardous substance site.
(b) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement.
(c) Those persons identified under § 8-7-512(a) shall be the persons liable for the hazardous substance site.
(d) An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate.
(e) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-520
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:8-7-520
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a43b8bfb9c9210e377bd22c122e0a938a2ac2ae2154055d197550a813fa20456
Source location: content.xml paragraph 7666
Stored source content
8-7-520. Contribution.
(a) Any person who has undertaken or is undertaking remedial action at a hazardous substance site in response to an administrative or judicial order initiated against such person pursuant to § 8-7-508 or § 8-7-1104(d) may obtain contribution from any other person who is liable for such hazardous substance site.
(b) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicially approved settlement may obtain contribution from any person who is liable for such hazardous substance site and is not a party to the settlement.
(c) Those persons identified under § 8-7-512(a) shall be the persons liable for the hazardous substance site.
(d) An action for contribution may be brought in the circuit court of the county in which the hazardous substance site is located. In resolving contribution claims, the circuit court shall allocate the costs and expenses incurred or to be incurred by the contribution claimant or claimants for undertaking remedial action among all persons liable for the hazardous substance site, using such equitable factors as the circuit court determines are appropriate.
(e) Any person who has resolved all or a portion of his or her liability for a hazardous substance site by undertaking remedial action pursuant to an administrative or judicial proceeding or settlement shall not be liable for claims for contribution regarding matters addressed in the order or settlement which have been satisfactorily resolved. Such order or settlement does not discharge any of the other persons liable for the hazardous substance site who did not undertake or participate in the remedial action, unless the terms of the order or settlement so provide.
(f) [Repealed.]
(g) No action for contribution may be commenced more than three (3) years after the date of the administrative or judicial order or settlement with respect to such remedial action. In any such action, the circuit court shall enter a declaratory judgment on liability that will be binding on any subsequent action to recover costs and expenses for remedial action.
(h) In any action for contribution, judicial review of any issues concerning the adequacy of the remedial action shall be limited to the administrative record to determine whether the selected remedy contained in the order or settlement is arbitrary or capricious, and then only such costs and expenses as are found to be inconsistent with those terms of the administrative or judicial order or settlement found to be arbitrary or capricious may be disallowed.
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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
8-7-508. Remedial and removal authority of the division.
(a)(1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed to the release or threatened release of hazardous substances at the hazardous substance site. This order shall require that such remedial actions be taken as are necessary to investigate, control, prevent, abate, treat, or contain any releases or threatened releases of hazardous substances from the hazardous substance site.
(2) The fact that such a hazardous substance site is or is not listed by the Arkansas Pollution Control and Ecology Commission pursuant to § 8-7-509(f) shall in no manner limit the authority of the division under this subchapter.
(b) The Director of the Division of Environmental Quality or any employee or authorized agent of the division may enter upon any private or public property for the purpose of collecting information under this subchapter and for initiating and implementing remedial actions.
(c) The director is authorized to initiate and implement remedial actions under this subchapter pursuant to the provisions of § 8-7-509.
(d) In taking removal action or remedial actions pursuant to this subchapter, the division or any contractor of the division under this section shall not be required to obtain any state or local permit for the portion of any removal action or remedial action conducted pursuant to this subchapter entirely on site when the removal action or remedial action is otherwise carried out in compliance with the rules of the division.
(e) The director is authorized to initiate and implement
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-508
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 8-7-508. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-512. Liability for costs — Immunity from liability.
(a) Any of the following shall be liable to the state for all costs of remedial action or removal actions under this subchapter:
(1) The owner and operator of a facility;
(2) Any person who, at the time of disposal of any hazardous substance, owned or operated a hazardous substance site;
(3) Any generator of hazardous substances who caused such a hazardous substance to be disposed of at a hazardous substance site or who causes a release or threatened release of the hazardous substances; or
(4) Any transporter of hazardous substances who causes a release or threatened release of the hazardous substances or who selected a hazardous substance site for disposal of the hazardous substances.
(b)(1) No person shall be liable under this subchapter for damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice at the direction of the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality, with respect to an incident creating a danger to public health or welfare or the environment as a result of any release of a hazardous substance or the threat of a release of a hazardous substance.
(2)(A) This subsection shall not preclude liability for damages as a result of gross negligence or intentional misconduct on the part of the person, nor shall this subsection preclude liability for damages and costs of remedial action or removal action of any person liable for such damages and costs pursuant to subsection (a) of this section.
(B) For the purposes of subdivision (b)(2)(A) of this section, reckless, willful, or wanton misconduct shall constitute gross negligence.
(c)(1) A person taking re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-512
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 8-7-512. This identifies an authority to review, not proof of applicability.