§ 15-20-102 — Liquid animal waste management systems

(a) In consultation with the Division of Environmental Quality, the Department of Agriculture has authority over all liquid animal waste management systems in this state, including without limitation the authority to: (1) Promulgate rules related to liquid animal waste management systems; (2) Issue and modify permits related to liquid animal waste management systems; (3) Approve design plans and site requirements related to liquid animal waste management systems; and (4) Take any other action related to liquid animal waste management systems. (b) (1) The department shall promulgate rules to implement this section. (2) In promulgating rules to implement this section, the department shall consider the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (c) (1) An application for a new state permit for a liquid animal waste management system or an application for modification of an existing state permit for a liquid animal waste management system shall be filed with the department. (2) If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review. (3) (A) Except as provided in subdivision (c)(3)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance. (B) Subdivision (c)(3)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law. (d) This section does not affect the authority of the: (1) Arkansas Natural Resources Commission under the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.; or (2) Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Legislative History

Added by Act 2023, No. 824,§ 2, eff. 8/1/2023.