Arkansas § 8-4-312 Factors in exercise of powers

Arkansas Statutes

§ 8-4-312 — Factors in exercise of powers

Arkansas § 8-4-312

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This text of Arkansas § 8-4-312 (Factors in exercise of powers) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 8-4-312 (2026).

Text

In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors:

(1)The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state;

(2)Existing physical conditions and topography;

(3)Prevailing wind directions and velocities;

(4)Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;

(5)Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight;

(6)The predominant character of development of the area of the state

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In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors: (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities; (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics; (7) Availability of air-cleaning devices; (8) Economic feasibility of air-cleaning devices; (9) Effect on normal human health of particular air contaminants; (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices; (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant; (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants; (13) The volume of air contaminants emitted from a particular class of air contamination sources; (14) The economic and industrial development of the state and the social and economic value of the air contamination sources; (15) The maintenance of public enjoyment of the state's natural resources; and (16) Other factors that the division or the commission may find applicable.

Legislative History

Amended by Act 2019, No. 910,§ 2538, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2537, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 6, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1936; Acts 1997, No. 1219, § 6.