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8-7-808. Regulated Substance Storage Tank Program Fund.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-808. Regulated Substance Storage Tank Program Fund.
There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Regulated Substance Storage Tank Program Fund”. Such Regulated Substance Storage Tank Program Fund shall consist of federal funds, any necessary state matching funds as may be provided by the General Assembly, licensure fees, annual registration fees, and any moneys recovered by the Division of Environmental Quality which are attributable to collections of civil penalties under § 8-7-806 or to costs under § 8-7-807 not owed the Petroleum Storage Tank Trust Fund. All said moneys shall be deposited as special revenues to be used in the administration of this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-808
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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Record provenance
Stable record: arkansas_code:legal_authorities:8-7-808
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0af4751244f9499524aebf4e2519527535a7edd1fef23970e7ba011b3e1affe9
Source location: content.xml paragraph 8108
Stored source content
8-7-808. Regulated Substance Storage Tank Program Fund.
There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the “Regulated Substance Storage Tank Program Fund”. Such Regulated Substance Storage Tank Program Fund shall consist of federal funds, any necessary state matching funds as may be provided by the General Assembly, licensure fees, annual registration fees, and any moneys recovered by the Division of Environmental Quality which are attributable to collections of civil penalties under § 8-7-806 or to costs under § 8-7-807 not owed the Petroleum Storage Tank Trust Fund. All said moneys shall be deposited as special revenues to be used in the administration of this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-806. Penalties — Enforcement.
(a) It shall be unlawful for any person:
(1) To violate any provision of this subchapter or any rule adopted under this subchapter;
(2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapter or the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq., or any rule issued pursuant thereto; or
(3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of any such order.
(b) Any person who knowingly makes a false statement, representation, or certification as described in subdivision (a)(2) of this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such violation.
(c) Any owner or operator who fails to give any notification regarding storage tanks required by this subchapter or any rule issued pursuant to this subchapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each storage tank for which notification is not given.
(d)(1) Any person who violates any provision of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant thereto or who commits an unlawful act under this section may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation or unlawful act.
(2) Each day of a continuing violation or unlawful act may be deemed a separate violation or unlawful act for purposes of civil penalty assessment.
(3) If the violation or unlawful act concerns the operation of an underground storage tank, the civil penalty shall not exceed ten thousand dollars ($10,000) for each underground storage tank for each day of vi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-806
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 8-7-806. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-807. Responsibility and liability of owner.
(a)(1) Upon a determination that a release of a regulated substance from a storage tank has occurred, the owner or operator shall notify the Division of Environmental Quality. The owner or operator shall immediately undertake to collect and remove the release and to restore the area affected in accordance with the requirements of this subchapter.
(2) However, the obligation of an owner or operator of an aboveground storage tank to notify the division or undertake the other activities required in this subsection shall not exceed and will be limited to the existing requirements of any other applicable federal statutes or regulations, or state statutes or rules.
(b) If the owner or operator fails to proceed as required in subsection (a) of this section, the owner and operator shall be liable to the division for any costs incurred by the division for undertaking corrective action or enforcement action with respect to the release of a regulated substance from a storage tank.
(c)(1)(A) A release site property owner or adjacent property owner shall not unduly impede or interfere with the efforts of the division or the owner or operator to undertake investigation, site assessment, or corrective action in accordance with the requirements of this subchapter.
(B) The division or the owner, as defined in § 8-7-801, or operator shall undertake investigation, site assessment, or corrective action, as approved by the division after notice to the affected parties, that minimizes to the most reasonable extent practicable any interference with the release site property owner's or adjacent property owner's use and enjoyment of the property, taking into consideration the relevant private and commercial interests and the release site
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-807
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 8-7-807. This identifies an authority to review, not proof of applicability.