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8-7-802. Division and commission — Powers and duties.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-802. Division and commission — Powers and duties.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-802

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Stable record: arkansas_code:legal_authorities:8-7-802
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ead72a5a89fbcfea4c8899cd561f889ea89bf1581459bfcddb146529d61246f0

Source location: content.xml paragraph 7992

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8-7-802. Division and commission — Powers and duties. (a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, rules relating to an underground storage tank release detection, prevention, corrective action, and financial responsibility program as required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2)(A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule. (B)(i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs. (C)(i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the Division of Arkansas State Police. (b) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws, rules, and regulations relating to an underground storage tank release detection, prevention, and corrective action program, and financial responsibility, including the use of any and all appropriate legal remedies, to recover costs and collect penalties under this subchapter; (2) To advise, consult, cooperate, and enter into agreements with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formulation of plans and in implementation of a program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Division of Environmental Quality for the planning, implementation, and enforcement of an underground storage tank program for release detection, prevention, corrective action, and financial responsibility; (4) To examine and license individuals for the installation and testing of underground storage tanks; (5) To enter upon any public or private property for the purpose of obtaining information, conducting surveys or investigations, or taking corrective action, and the Division of Environmental Quality may copy or require submission of books, papers, records, memoranda, or data pertaining to the management of underground storage tanks; (6) To enter into a cooperative agreement with the United States Environmental Protection Agency to carry out corrective actions and enforcement activities, including use of funds provided from the federal Leaking Underground Storage Tank Trust Fund, 26 U.S.C. § 9508; and (7) To take such other action as necessary and appropriate to carry out the purposes of this subchapter and meet the requirements of federal law.

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

26 U.S.C. § 9508 — Hazardous Substance Superfund

**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Hazardous Substance Superfund” (hereinafter in this section referred to as the “Superfund”), consisting of such amounts as may be— (1) appropriated to the Superfund as provided in this section, (2) appropriated to the Superfund pursuant to section 517(b) of the Superfund Revenue Act of 1986, or (3) credited to the Superfund as provided in section 9602(b). **(b) Transfers to Superfund** There are hereby appropriated to the Superfund amounts equivalent to— (1) the taxes received in the Treasury under section 4611, 4661, or 4671 (relating to environmental taxes), (2) amounts recovered on behalf of the Superfund under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (hereinafter in this section referred to as “CERCLA”), (3) all moneys recovered or collected under section 311(b)(6)(B) of the Clean Water Act,11 See References in Text note below. (4) penalties assessed under title I of CERCLA, and (5) punitive damages under section 107(c)(3) of CERCLA. In the case of the tax imposed by section 4611, paragraph (1) shall apply only to so much of such tax as is attributable to the Hazardous Substance Superfund financing rate under section 4611(c). **(c) Expenditures from Superfund** (1) **In general** — Amounts in the Superfund shall be available, as provided in appropriation Acts, only for purposes of making expenditures— (A) to carry out the purposes of— (i) paragraphs (1), (2), (5), and (6) of section 111(a) of CERCLA as in effect on the date of the enactment of the Superfund Amendments and Reauthorization Act of 1986, (ii) section 111(c) of CERCLA (as so in effect), other than paragraphs (1) and (2)

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9508

Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 9508. This identifies an authority to review, not proof of applicability.

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

26 U.S.C. § 9508 — Leaking Underground Storage Tank Trust

Page 4148 TITLE 26—INTERNAL REVENUE CODE § 9508 plus for each fiscal year an amount equal to so much of the aggregate amount authorized to be appropriated under this subsection (and paragraph (2) of section 221(b) of the Hazardous Substance Response Act of 1980 [probably means section 221(b)(2) of the Hazardous Sub- stance Response Revenue Act of 1980, which was classi- fied to 42 U.S.C. 9631(b)(2) before its repeal by section 517(c)(1) of Pub. L. 99–499], as in effect before its repeal) as has not been appropriated before the beginning of the fiscal year involved.’’ [Pub. L. 101–508, title XI, § 11231(d), Nov. 5, 1990, 104 Stat. 1388–445, directed that section 517(b) of Pub. L. 99–499, set out above, be ‘‘amended by striking ‘and’ at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ‘, and’, and by add- ing at the end thereof’’ new pars. (6) to (9), with par. (9) ending in a period. Pub. L. 104–188, title I, § 1704(t)(44), Aug. 20, 1996, 110 Stat. 1889, provided that section 11231(d) of Pub. L. 101–508 ‘‘shall be applied as if ‘comma’ appeared instead of ‘period’ [in the directory language amending section 517(b)(5) of Pub. L. 99–499] and as if the paragraph (9) proposed to be added ended with a comma’’.] § 9508. Leaking Underground Storage Tank Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the ‘‘Leaking Underground Storage Tank Trust Fund’’, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Leaking Underground Storage Tank Trust Fund amounts equivalent to— (1) taxes received in t

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 9508

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 9508. 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

**(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.