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8-7-804. Procedures generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-804. Procedures generally.
The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 — 8-4-106 and 8-4-201 — 8-4-229, including, but not limited to, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 to the extent they are not in conflict with the provisions of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-804
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:8-7-804
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 21ebf75eedb48be086063e27420e880432c234043d232d387a257c789adad130
Source location: content.xml paragraph 8026
Stored source content
8-7-804. Procedures generally.
The procedure of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 — 8-4-106 and 8-4-201 — 8-4-229, including, but not limited to, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229 to the extent they are not in conflict with the provisions of this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-101. Title.
This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-101
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 8-4-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-106. Technical and other services and public assistance.
(a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality.
(b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-106
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 8-4-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-201. Powers and duties of division and commission generally.
(a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties:
(1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state;
(2)Investigations and Surveys.
(A) To investigate the extent, character, and effect of the pollution of the waters of this state; and
(B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws;
(3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and
(4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof.
(b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties:
(1)(A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration.
(B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-201
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 8-4-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-229. Appeals, proceedings, etc. — Presumptions.
(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.
(b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.
(c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-229
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 8-4-229. This identifies an authority to review, not proof of applicability.