Browse Arkansas Code titles and sections
8-9-415. Permitting, licensing, inspections, procedures, enforcement, and penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-415. Permitting, licensing, inspections, procedures, enforcement, and penalties.
(a) A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to:
(1) All provisions in § 8-1-101 et seq., § 8-1-201 et seq., § 8-1-301 et seq., § 8-4-101 et seq., and § 8-4-201 et seq., concerning permits, licensing, inspections, and procedures;
(2) Sections 8-6-204 and 8-6-205, 8-6-207(a)(6), and 8-9-105 concerning penalties and enforcement; and
(3) All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission.
(b) A used tire program is subject to penalties and enforcement under this subchapter for noncompliance with this subchapter to include without limitation:
(1) Failure to use the electronic uniform used tire manifest system;
(2) Failure to submit accurate information to the electronic uniform used tire manifest system;
(3) Failure to submit an approved business plan on or before July 1, 2018;
(4) Failure to submit a revised business plan as required under § 8-9-408(c);
(5) Failure to submit an approved revised business plan within three (3) months after submission; or
(6) Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter.
(c)(1) If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are:
(A) Ineligible to receive funding u
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-415
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:8-9-415
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cfdfee945f442f3fda6fd8e1e335a66bf49ae3ee393ab8132db557b26fb36c8d
Source location: content.xml paragraph 10130
Stored source content
8-9-415. Permitting, licensing, inspections, procedures, enforcement, and penalties.
(a) A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to:
(1) All provisions in § 8-1-101 et seq., § 8-1-201 et seq., § 8-1-301 et seq., § 8-4-101 et seq., and § 8-4-201 et seq., concerning permits, licensing, inspections, and procedures;
(2) Sections 8-6-204 and 8-6-205, 8-6-207(a)(6), and 8-9-105 concerning penalties and enforcement; and
(3) All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission.
(b) A used tire program is subject to penalties and enforcement under this subchapter for noncompliance with this subchapter to include without limitation:
(1) Failure to use the electronic uniform used tire manifest system;
(2) Failure to submit accurate information to the electronic uniform used tire manifest system;
(3) Failure to submit an approved business plan on or before July 1, 2018;
(4) Failure to submit a revised business plan as required under § 8-9-408(c);
(5) Failure to submit an approved revised business plan within three (3) months after submission; or
(6) Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter.
(c)(1) If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are:
(A) Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund;
(B) Prohibited from administering and operating a used tire program; and
(C) Prohibited from imposing any fees to support the administration and operation of a used tire program.
(2)(A) The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section.
(B) A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter.
(C) If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund.
(d) In addition to any other penalty provided by law, a tire processing facility permit or a tire collection center permit shall be suspended or revoked for noncompliance with this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-101. Purpose.
(a) It is the purpose of this chapter to authorize the Arkansas Pollution Control and Ecology Commission to establish a system of fees for the issuance of permits required by §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-314, 8-6-201 — 8-6-212, 8-6-214, and 8-9-403, to defray costs of other services provided and to authorize the Division of Environmental Quality to collect and enforce the fees.
(b) The express purpose of these fees shall be to defray the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits and other services provided.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-101
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 8-1-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-201. Legislative intent.
(a) The General Assembly recognizes that since 1949, when the precursor of the Arkansas Pollution Control and Ecology Commission was first created, significant changes have occurred in the responsibilities charged to the state's environmental agency. This subchapter intends to clarify and supersede prior law that does not comport with this delineation of responsibility between the Division of Environmental Quality and the commission.
(b) Further, in delineating the responsibility between the division and the commission, it is the intent of the General Assembly neither to expand nor to diminish any rights of property owners of this state under Arkansas Constitution, Article 2, § 22.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-201
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 8-1-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-1-301. Purpose.
The General Assembly hereby finds and declares that protection of the environment is enhanced by the public's voluntary compliance with environmental laws and that the public will benefit from incentives to identify and remedy environmental compliance issues. It is further declared that limited expansion of the protection against disclosure will encourage such voluntary compliance and improve environmental quality and that the voluntary provisions of this subchapter will not inhibit the exercise of the regulatory authority by those entrusted with protecting our environment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-1-301
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 8-1-301. This identifies an authority to review, not proof of applicability.
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.