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8-7-521. Site access for remedial or removal action.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-521. Site access for remedial or removal action.
(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508, the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement.
(b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded.
(c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-521
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:8-7-521
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6b10c998059644746ee926ff4182d6aff3b52256aa269b338e1d6e5da5e7aa6a
Source location: content.xml paragraph 7690
Stored source content
8-7-521. Site access for remedial or removal action.
(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508, the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement.
(b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded.
(c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.
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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.