Browse Arkansas Code titles and sections
8-9-105. Penalties and procedures.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-105. Penalties and procedures.
(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204.
(b) Except as otherwise provided in this chapter, the procedure of 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 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including without limitation §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229.
(c) All rules adopted under this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-105
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:8-9-105
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9318d5a605aa7fa0198ad969a35aeb6c4370c62f9da85d16cd6e7afa37263ff9
Source location: content.xml paragraph 9543
Stored source content
8-9-105. Penalties and procedures.
(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204.
(b) Except as otherwise provided in this chapter, the procedure of 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 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including without limitation §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229.
(c) All rules adopted under this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.
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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
8-6-204. Criminal, civil, and administrative penalties.
(a)Criminal Penalties.
(1)(A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor.
(B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(2)(A) It shall be illegal for a person to:
(i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or division, and leave the state or remove his or her person from the jurisdiction of this state;
(ii) Through the course of activities prohibited by this section, purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or
(iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter, or falsify, tamper with, or render inaccurate any monitoring device, testing method, or record required to be maintained under this chapter.
(B)(i) A person who violates this subdivision (a)(2) shall be guilty of a felony.
(ii) Notwithstanding any other provisions
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-204
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 8-6-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-301. Definitions.
As used in this subchapter:
(1) “Label” means a molded, imprinted, or raised symbol on or near the bottom of a plastic product;
(2) “Lead-acid battery” means a battery with a core of elemental lead and a capacity of six volts (6v) or more;
(3) “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow;
(4) “Plastic bottle” means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type or snap cap, or other closure and has a capacity of sixteen fluid ounces (16 fl. ozs.) or more but less than five gallons (5 gals.);
(5) “Rigid plastic container” means any formed or molded container other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces (8 ozs.) or more but less than five gallons (5 gals.); and
(6) “Single use” means filled one (1) time.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-301
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 8-9-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-401. Title — Legislative intent — Findings.
(a) This subchapter shall be known and may be cited as the “Used Tire Recycling and Accountability Act”.
(b) The purpose of this subchapter is to:
(1) Protect the public health and the state's environmental quality by setting and implementing standards to be followed in the hauling, collection, storage, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale;
(2) Provide accountability and sustainability for used tire programs by requiring use of the electronic uniform used tire manifest system developed by the Division of Environmental Quality and business plans for used tire programs;
(3) Equalize the application of fees for all tires removed from rims; and
(4) Ensure that reimbursements for used tire programs are related to the overall used tire program goals.
(c) The General Assembly finds that:
(1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires:
(A) Are a known breeding habitat for mosquitoes and other disease-transmitting vectors; and
(B) Pose substantial fire hazards;
(2) The state must have a used tire program for recyclable tires, waste tires, and used tires culled for resale that is accountable, effective, and efficient; and
(3) The primary goal of the used tire program is to recycle or put to beneficial use as many used tires as possible.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-401
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 8-9-401. This identifies an authority to review, not proof of applicability.