Browse Arkansas Code titles and sections
8-7-905. Petroleum Storage Tank Trust Fund.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-905. Petroleum Storage Tank Trust Fund.
(a) There is 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 “Petroleum Storage Tank Trust Fund”, hereinafter referred to as the “fund”.
(b) The fund will be administered by the Director of the Division of Environmental Quality, who shall make disbursements from the fund as authorized by this subchapter.
(c) The fund shall consist of gifts, grants, donations, and such other funds as may be made available by the General Assembly, including all interest earned upon money deposited into the fund, fees assessed under this subchapter, any moneys recovered by the Division of Environmental Quality, the proceeds of bonds issued by the Arkansas Development Finance Authority for the benefit of the fund, and any other moneys legally designated for the fund.
(d) Moneys in the fund may be expended by the director solely for the following purposes, as limited by the provisions of subsection (e) of this section:
(1) The state share mandated by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
(2) To pay costs incurred by the Arkansas Pollution Control and Ecology Commission, the director, the Attorney General, or the Advisory Committee on Petroleum Storage Tanks in the performance of their duties under this subchapter;
(3) To pay reimbursement to owners and operators for taking corrective action or to pay third parties for compensatory damages caused by accidental releases from qualified storage tanks;
(4) To pay reasonable and necessary costs and expenses of the division for taking corrective action caused by accidental releases from a storage tank of unknown ownership or when corrective action is not com
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-905
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:8-7-905
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 95f02667fb800d4a7b7d586b9db460e2bba95ec8ddb9500686893e0627b04ae3
Source location: content.xml paragraph 8377
Stored source content
8-7-905. Petroleum Storage Tank Trust Fund.
(a) There is 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 “Petroleum Storage Tank Trust Fund”, hereinafter referred to as the “fund”.
(b) The fund will be administered by the Director of the Division of Environmental Quality, who shall make disbursements from the fund as authorized by this subchapter.
(c) The fund shall consist of gifts, grants, donations, and such other funds as may be made available by the General Assembly, including all interest earned upon money deposited into the fund, fees assessed under this subchapter, any moneys recovered by the Division of Environmental Quality, the proceeds of bonds issued by the Arkansas Development Finance Authority for the benefit of the fund, and any other moneys legally designated for the fund.
(d) Moneys in the fund may be expended by the director solely for the following purposes, as limited by the provisions of subsection (e) of this section:
(1) The state share mandated by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
(2) To pay costs incurred by the Arkansas Pollution Control and Ecology Commission, the director, the Attorney General, or the Advisory Committee on Petroleum Storage Tanks in the performance of their duties under this subchapter;
(3) To pay reimbursement to owners and operators for taking corrective action or to pay third parties for compensatory damages caused by accidental releases from qualified storage tanks;
(4) To pay reasonable and necessary costs and expenses of the division for taking corrective action caused by accidental releases from a storage tank of unknown ownership or when corrective action is not commenced by the owner or operator in a timely manner;
(5)(A) To reimburse owners and operators in the vicinity of the release for performing short-term testing or monitoring which is in addition to that required by the division's rules if the division has a reasonable basis for believing that the petroleum underground storage tank or tanks may be the source of the release.
(B) The owners and operators of petroleum underground storage tanks, including out-of-service and nonoperational petroleum underground storage tanks, not found to be the source of the release and who cooperate with the division may apply to the fund for reimbursement for such testing and monitoring costs, not including lost managerial time or loss of revenues because of temporary business closure; and
(6) To reimburse a consultant under § 8-7-907(k) for the purchase of equipment needed to undertake corrective action.
(e) Notwithstanding any other provisions of this subchapter, the director, upon finding that a release may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare or the environment, may, without receiving prior advice from the committee, issue an order reciting the existence of such an imminent hazard and emergency and ordering a disbursement or reimbursement of up to fifty thousand dollars ($50,000) from the fund so that such action may be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency.
(f)(1) No expenditure from the fund shall be made for expenses for retrofitting or replacement of petroleum storage tanks.
(2) No expenditure from the fund pursuant to subdivisions (d)(3) and (5) of this section shall be made for attorney's fees.
(g) The liability or obligation of the fund is not the liability or obligation of the State of Arkansas. However, this subsection shall not be construed as relieving the fund of any liability or obligation prescribed in this subchapter upon the entry of a valid court order or valid final order of the Arkansas State Claims Commission establishing a judgment against any state agency, board, department, or commission or when a settlement agreement has been reached arising from third-party claims against any state agency, board, department, or commission when the state agency, board, department, or commission is determined to be the owner or operator.
(h) Nothing in this subchapter shall be construed to abrogate or waive the provisions of Arkansas Constitution, Article 5, § 20.
(i)(1) An owner or operator who considers himself or herself injured in his or her business, person, or property by a final decision of the director or the director's delegatee under this subchapter may appeal the decision to the Arkansas Pollution Control and Ecology Commission within thirty (30) days after the date of the final decision of the director or the director's delegatee.
(2) The procedures of the division and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-202, 8-4-210 — 8-4-214, and 8-4-218 — 8-4-229, and in rules applicable to administrative procedures of the division and the Arkansas Pollution Control and Ecology Commission to the extent they are not in conflict with the provisions of this subchapter.
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) 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
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.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-202. Rules.
(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to adopt, modify, or repeal, after notice and public hearings, rules implementing or effectuating the powers and duties of the Division of Environmental Quality and the commission under this chapter.
(b) Without limiting the generality of this authority, these rules may, among other things, prescribe:
(1) Effluent standards specifying the maximum amounts or concentrations and the physical, thermal, chemical, biological, and radioactive nature of the contaminants that may be discharged into the waters of this state or into publicly owned treatment facilities;
(2) Requirements and standards for equipment and procedures for monitoring contaminant discharges at their sources, including publicly owned treatment facilities and industrial discharges into such facilities, the collection of samples, and the collection, reporting, and retention of data resulting from such monitoring; and
(3) Water quality standards, performance standards, and pretreatment standards.
(c)(1) Any person shall have the right to petition the commission for the issuance, amendment, or repeal of any rule. Within sixty (60) days from the date of the submission of a petition, the commission shall either institute rulemaking proceedings or give the petitioner written notice denying the petition, together with a written statement setting out the reasons for denial.
(2) In the event the petition is denied, the decision of the commission will be deemed a final order subject to appeal as provided in subdivision (d)(5) of this section.
(3) The record for appeal in a petition denial shall consist of the petition for rulemaking filed with the commission, the commission's written s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-202
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 8-4-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-210. Investigations and hearings generally.
(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings.
(b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation.
(c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission.
(d)(1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require.
(2) A failure to obey the order of the court may be punished by the court as contempt.
(e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-210
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 8-4-210. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-214. Service of notice, orders, etc.
(a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission.
(b)(1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission.
(2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.
(c) Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-214
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 8-4-214. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-7-907. Payments for corrective action.
(a)(1) No payment for corrective action shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on corrective action for the occurrence, except in cases in which the Director of the Division of Environmental Quality is using emergency authority under § 8-7-905(e). It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible.
(2) Owners or operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for corrective actions.
(b) Payment for corrective action shall not exceed one million five hundred thousand dollars ($1,500,000) per occurrence.
(c) All payments for corrective action expenses of the owner or operator shall be made only following proof that:
(1)(A) At the time of discovery of the release the owner or operator had paid all fees required under state law or rules applicable to petroleum storage tanks.
(B) If the petroleum storage tank is an aboveground storage tank, the owner or operator may be eligible for reimbursement if the aboveground storage tank is registered under § 8-7-813 and all fees required under state law or rule have been paid;
(2) The corrective action expenses submitted for reimbursement consist of items and amounts that are in accord and compliant with Division of Environmental Quality rules; and
(3) The owner or operator cooperated fully with the division in corrective action to address the release.
(d) Payment for corrective action may be denied if the storage tank owner or operator fails to report a release as required by rule promulgated by th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-907
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 8-7-907. This identifies an authority to review, not proof of applicability.