Browse Arkansas Code titles and sections
8-7-702. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-702. Definitions.
As used in this subchapter:
(1) “Hazardous site” means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States;
(2)(A) “Hazardous substance” means:
(i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A);
(ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252;
(iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress;
(iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a);
(v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412; and
(vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606.
(B) “Hazardous substance” does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section.
(C) “Hazardous substance” does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;
(3) “Passive-site owne
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-702
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Stable record: arkansas_code:legal_authorities:8-7-702
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cdc04176b929fab0625a2f8592f6b576af6f88484a628876657faf24089de949
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8-7-702. Definitions.
As used in this subchapter:
(1) “Hazardous site” means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States;
(2)(A) “Hazardous substance” means:
(i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A);
(ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252;
(iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921, but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress;
(iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a);
(v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412; and
(vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606.
(B) “Hazardous substance” does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section.
(C) “Hazardous substance” does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;
(3) “Passive-site owner” means any person or entity owning any interest in any portion of a hazardous site, whether as owner, joint tenant, lessee, mortgagee, licensee, easement holder, mineral owner, or otherwise, and who has not entered into an agreement pursuant to 42 U.S.C. § 9622 for that hazardous site;
(4) “Response costs” means all amounts of removal or remedial action, including any costs and expenses incurred as a result of contractor delays, and other necessary amounts, including attorney's fees and expenses reasonably incurred by any entity, including, but not limited to, the United States, the State of Arkansas, the governments of any other states, corporations, partnerships, and private citizens to investigate and secure a response action at a hazardous site; and
(5) “Settling party” means any person who has entered into an agreement with the United States pursuant to 42 U.S.C. § 9622.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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
**(a) Preparation and development** The Administrator shall, after careful investigation, and in cooperation with other Federal agencies, State water pollution control agencies, interstate agencies, and the municipalities and industries involved, prepare or develop comprehensive programs for preventing, reducing, or eliminating the pollution of the navigable waters and ground waters and improving the sanitary condition of surface and underground waters. In the development of such comprehensive programs due regard shall be given to the improvements which are necessary to conserve such waters for the protection and propagation of fish and aquatic life and wildlife, recreational purposes, and the withdrawal of such waters for public water supply, agricultural, industrial, and other purposes. For the purpose of this section, the Administrator is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may adversely affect such waters.
**(b) Planning for reservoirs; storage for regulation of streamflow**
(1) In the survey or planning of any reservoir by the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consideration shall be given to inclusion of storage for regulation of streamflow, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source.
(2) The need for and the value of storage for regulation of streamflow (other than for water quality) including but not limited to navigation, salt water intrusion, recreation, esthetics, and fish and wildlife, shall be determined by the Corps of Engineers, Bureau of Reclamation
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 1252
Stored review status: release_metadata_unconfirmed. The source passage cites 33 U.S.C. § 1252. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 355
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 1252
other discrimination, under title VI of the Civil Rights
Act of 1964 [section 2000d et seq. of Title 42, The Public
Health and Welfare]. However, this remedy is not ex-
clusive and will not prejudice or cut off any other legal
remedies available to a discriminatee.’’
DEFINITION OF ‘‘ADMINISTRATOR’’
Pub. L. 100–4, § 1(d), Feb. 4, 1987, 101 Stat. 8, provided
that: ‘‘For purposes of this Act [see Short Title of 1987
Amendment note above], the term ‘Administrator’
means the Administrator of the Environmental Protec-
tion Agency.’’
Executive Documents
STANDARDS
For provisions relating to the responsibility of the
head of each Executive agency for compliance with ap-
plicable pollution control standards, see Ex. Ord. No.
12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under
section 4321 of Title 42, The Public Health and Welfare.
CONTIGUOUS ZONE OF UNITED STATES
For extension of contiguous zone of United States,
see Proc. No. 7219, set out as a note under section 1331
of Title 43, Public Lands.
PREVENTION, CONTROL, AND ABATEMENT OF
ENVIRONMENTAL POLLUTION AT FEDERAL FACILITIES
Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of Title 42, The Public
Health and Welfare, provides for the prevention, con-
trol, and abatement of environmental pollution at fed-
eral facilities.
EXECUTIVE ORDER NO. 11548
Ex. Ord. No. 11548, July 20, 1970, 35 F.R. 11677, which
related to the delegation of Presidential functions, was
superseded by Ex. Ord. No. 11735, Aug. 3, 1973, 38 F.R.
21243, formerly set out as a note under section 1321 of
this title.
EX. ORD. NO. 11742. DELEGATION OF FUNCTIONS TO SEC-
RETARY
OF STATE RESPECTING
THE NEGOTIATION
OF
INTERNATIONAL AGREEMENT
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 1252
Stored review status: historical_2024_not_currentness_verified. The source passage cites 33 U.S.C. § 1252. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
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
**(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
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
**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate.
**(b) Identification and listing**
(1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6921. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6935
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6921
1 So in original. Probably should be ‘‘teratogens)’’.
Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see note
set out under section 6903 of this title.
§ 6917. Office of Ombudsman
(a) Establishment; functions
The Administrator shall establish an Office of
Ombudsman, to be directed by an Ombudsman.
It shall be the function of the Office of Ombuds-
man to receive individual complaints, griev-
ances, requests for information submitted by
any person with respect to any program or re-
quirement under this chapter.
(b) Authority to render assistance
The Ombudsman shall render assistance with
respect to the complaints, grievances, and re-
quests submitted to the Office of Ombudsman,
and shall make appropriate recommendations to
the Administrator.
(c) Effect on procedures for grievances, appeals,
or administrative matters
The establishment of the Office of Ombudsman
shall not affect any procedures for grievances,
appeals, or administrative matters in any other
provision of this chapter, any other provision of
law, or any Federal regulation.
(d) Termination
The Office of the Ombudsman shall cease to
exist 4 years after November 8, 1984.
(Pub. L. 89–272, title II, § 2008, as added Pub. L.
98–616, title I, § 103(a), Nov. 8, 1984, 98 Stat. 3225.)
SUBCHAPTER III—HAZARDOUS WASTE
MANAGEMENT
§ 6921. Identification and listing of hazardous
waste
(a) Criteria for identification or listing
Not later than eighteen months after October
21, 1976, the Administrator shall, after notice
and opportunity for public hearing, and after
consultation with appropriate Federal and State
agencies, develop and promu
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6921
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6921. This identifies an authority to review, not proof of applicability.