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8-7-522. Liability for actions relating to remedial actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-522. Liability for actions relating to remedial actions.
(a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under § 8-7-508 shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust.
(b) This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust.
(c) Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under § 8-7-508.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-522
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:8-7-522
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 637dca13c18c4ed27ff27c09ae6b029200009dd36f7d265a75c479aefe35e4b2
Source location: content.xml paragraph 7700
Stored source content
8-7-522. Liability for actions relating to remedial actions.
(a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under § 8-7-508 shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust.
(b) This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust.
(c) Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under § 8-7-508.
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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.