2018 Arkansas Code
Title 8 - Environmental Law
Chapter 7 - Hazardous Substances
Subchapter 5 - Remedial Action Trust Fund Act
§ 8-7-503. Definitions

(1) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(2) "Department" means the Arkansas Department of Environmental Quality;

(3) "Director" means the Director of the Arkansas Department of Environmental Quality;

(4) "Federal act" means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510;

(5) "Fund" means the Hazardous Substance Remedial Action Trust Fund created by this subchapter;

(6) "Hazardous substance" means:

• (A) As of March 21, 1985, any:

  • (i) Substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, Pub. L. No. 92-500;

  • (ii) Element, compound, mixture, solution, or substance designated pursuant to § 102 of Title I of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510;

  • (iii) Hazardous waste, including polychlorinated biphenyls, as defined by the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the regulations promulgated thereunder;

  • (iv) Toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act;

  • (v) Hazardous air pollutant listed under § 112 of the federal Clean Air Act; and

  • (vi) Hazardous chemical substance or mixture regulated under § 7 of the federal Toxic Substances Control Act; and

• (B) Any other substance or pollutant designated by regulations of the commission promulgated under this subchapter;

(7) "Hazardous substance sites" means any sites or facilities where hazardous substances have been disposed of or from which there is a release or threatened release of hazardous substances;

(8) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, venture, state or federal government or agency, quasi-governmental agency, county government, school district, and planning and development district, or any other legal entity, however organized;

(9) "Releases of hazardous substances" means, for the purpose of this subchapter, any spilling, leaking, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substances into the environment;

(10) "Remedial action" means action necessary to effect permanent control, abatement, prevention, treatment, or containment of releases and threatened releases, including the removal of hazardous substances from the environment when removal is necessary to protect public health and the environment. Such actions are intended to include investigations designed to determine the need for and scope of remedial action and such planning, legal, fiscal, economic, engineering, geological, technical, or architectural studies as necessary to plan and direct remedial actions, to recover the cost thereof, and to enforce the provisions of this subchapter;

(11) "Removal action" means:

• (A) The necessary cleanup or removal of a released hazardous substance from the environment;

• (B) Necessary actions taken in the event of a threatened release of a hazardous substance into the environment;

• (C) Actions necessary to monitor, test, analyze, and evaluate a release or threatened release of a hazardous substance;

• (D) Disposal or processing of removed material; or

• (E) Other actions necessary to prevent, minimize, or mitigate damage to the public health or welfare or the environment that may otherwise result from a release or threatened release;

(12) "Threatened release" means, for the purpose of this subchapter, any situation in which a sudden or nonsudden release of hazardous substances can be reasonably expected unless prevented by change of operation or installation or construction of containment or treatment devices or by removal or other remedial action; and

(13) "Treatment", "storage", "disposal", "generation", and "hazardous waste" shall have the meanings provided in § 8-7-203 and the regulations promulgated pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.