§ 5-69-102 — Carbon black

(a) The use of natural gas within the State of Arkansas for the purpose of obtaining the carbon black content by the process of burning is prohibited. (b) The erection, enlargement, maintenance, and operation of any plant in the State of Arkansas for the purpose of burning natural gas to obtain from the natural gas the carbon black content is prohibited within this state. (c) No person, firm, or corporation owning or operating any gas well within this state shall: (1) Use any part of the gas produced from the gas well for the purpose of obtaining the carbon black content of the gas by the process of burning; or (2) Sell or deliver any part of the gas produced from the gas well to any other person, firm, or corporation for use by that person, firm, or corporation in obtaining the carbon black content of the gas by the process of burning the gas. (d) (1) The erection, maintenance, or operation of any carbon black plant in violation of this section or the use, sale, or delivery of any natural gas from any gas well in this state in violation of a provision of this section is declared a public nuisance. (2) The Attorney General and the several prosecuting attorneys of this state shall proceed in the name of the State of Arkansas in any court of competent jurisdiction by injunction, mandamus, or other appropriate remedy for the abatement of a public nuisance under subdivision (d)(1) of this section. (e) (1) Any person, firm, or corporation violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). (2) Each day that any plant is operated for the purpose of manufacturing carbon black or each day that any gas is used, sold, or delivered from any gas well in violation of a provision of this section is deemed a separate offense. (f) Nothing in this section shall be construed as prohibiting the use of casing-head gas, produced from any oil well, in the manufacture of carbon black.

Legislative History

Acts 1925, No. 350, §§ 1-6; Pope's Dig., §§ 3122-3127; A.S.A. 1947, §§ 41-3653 -- 41-3658; Acts 2005, No. 1994, § 56; 2007, No. 827, § 91.