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2017 Arkansas Code
Title 8 - Environmental Law
Chapter 7 - Hazardous Substances
Subchapter 14 - Controlled Substances Contaminated Property Cleanup Act
§ 8-7-1404. Recordkeeping required
Universal Citation: AR Code § 8-7-1404 (2017)
- (a) By May 1, 2008, the Arkansas Department of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances.
- (b) The department shall:
- (1) Create a list of properties contaminated through the manufacture of controlled substances;
- (2) Place a contaminated property on the contaminated properties list;
- (3) Not determine that a property has been adequately remediated unless:
- (A) The inspection, sampling, remediation, and removal of contaminated materials is performed:
- (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or
- (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and
- (B) The property has met the remediation standards developed by the department;
- (A) The inspection, sampling, remediation, and removal of contaminated materials is performed:
- (4)
- (A) Post the results of a cleanup on the department's website for ten (10) working days after the department determines that the property has been adequately remediated.
- (B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the department shall remove from the department's website the formerly contaminated property and the results of the cleanup; and
- (5) Remove a property from the list when the department finds that the property has been adequately remediated.
- (c) (1) The department shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public:
- (A) On the department's website; and
- (B) In hard copy upon request to the department.
- (2) The department shall keep hard copies of the information required under this section until the department has removed the property from the list of properties contaminated through the manufacture of controlled substances.
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