§ 8-6-2016 — Remediation procedures for environmental citations

Arkansas § 8-6-2016

• Jurisdiction: Arkansas
• Title: 8

Text

(a) (1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation. (2) The time period shall not exceed thirty (30) days from the date of the environmental citation. (b) To determine the time period, the environmental officer shall consider without limitation: (1) The severity of the environmental violation; (2) The size of the environmental violation; (3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and (4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation. (c) (1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section. (2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing. (d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement. (e) (1) If the alleged violator has removed the solid waste, remediated the environmental violation, and presented a cost statement to the environmental officer, the environmental officer shall file an affidavit with the court that establishes that the environmental violation has been remediated and the environmental citation is withdrawn. (2) The affidavit shall include the cost statement and the results of an investigation that the environmental officer has completed at the location of the environmental violation. (f) After filing the affidavit under subsection (e) of this section, the environmental officer shall notify the court that the hearing required under § 8-6-2015 is unnecessary and the environmental citation has been withdrawn. (g) The environmental officer shall provide a copy of the affidavit under subsection (e) of this section to the Environmental Compliance Resource Program.

Legislative History

Amended by Act 2021, No. 749,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 749,§ 11, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.