§ 8-7-802 — Division and commission - Powers and duties

(a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, rules relating to an underground storage tank release detection, prevention, corrective action, and financial responsibility program as required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2) (A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule. (B) (i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs. (C) (i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal. (b) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws, rules, and regulations relating to an underground storage tank release detection, prevention, and corrective action program, and financial responsibility, including the use of any and all appropriate legal remedies, to recover costs and collect penalties under this subchapter; (2) To advise, consult, cooperate, and enter into agreements with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formulation of plans and in implementation of a program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Division of Environmental Quality for the planning, implementation, and enforcement of an underground storage tank program for release detection, prevention, corrective action, and financial responsibility; (4) To examine and license individuals for the installation and testing of underground storage tanks; (5) To enter upon any public or private property for the purpose of obtaining information, conducting surveys or investigations, or taking corrective action, and the Division of Environmental Quality may copy or require submission of books, papers, records, memoranda, or data pertaining to the management of underground storage tanks; (6) To enter into a cooperative agreement with the United States Environmental Protection Agency to carry out corrective actions and enforcement activities, including use of funds provided from the federal Leaking Underground Storage Tank Trust Fund, 26 U.S.C. § 9508 ; and (7) To take such other action as necessary and appropriate to carry out the purposes of this subchapter and meet the requirements of federal law.

Legislative History

Amended by Act 2023, No. 841,§ 7, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 645, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 644, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2786, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2785, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2784, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2783, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2782, eff. 7/1/2019. Acts 1989, No. 172, § 2; 1991, No. 594, § 1; 1993, No. 810, § 2; 2005, No. 671, § 1; 2007, No. 264, § 2.