Ark. Code Ann. § 8-1-103 (2020)

The Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall have the following powers and duties, respectively:

1. 1. Following a public hearing and based upon a record calculating the reasonable administrative costs of evaluating and taking action on permit applications and of implementing and enforcing the terms and conditions of permits and variances, the commission shall establish, by rule, reasonable fees for initial issuance, annual review, and modification of water, air, or solid waste permits required by §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-314, 8-6-201 — 8-6-212, 8-6-214, and 8-9-403. These fees shall consist of initial fees, annual review fees, and modification fees, as defined in § 8-1-102.
   2. 1. All fees will be capped at no more than the appropriation. Provided, however, in setting reasonable permit fees, the commission shall:
         1. 1. Set water permit fees calculated to generate revenues in any fiscal year greater than three and twenty-five hundredths (3.25) times the total amount collected from water permit fees in fiscal year 1992-1993.
            2. Provided, water permit fee revenues generated through permits issued for new facilities which are permitted after July 1, 1995, shall not be subject to the overall fee cap specified for water permit fees herein;
         2. 1. Effective July 1, 2000, set water permit fees calculated to generate no revenues in any fiscal year greater than three and five-tenths (3.5) times the total amount collected from water permit fees in fiscal year 1992-1993.
            2. Provided, however, effective July 1, 2001, water permit fee revenues may be increased up to three percent (3%) per year; and
         3. 1. Set solid waste permit fees for Class I and Class III landfills calculated to generate revenues in any fiscal year that exceed four and twenty-five hundredths (4.25) times the total amount of permit fees collected from Class I and Class III solid waste landfills in fiscal year 1992-1993.
            2. Provided, that the total fee revenues cannot exceed one and twenty-five hundredths (1.25) times the total amount collected from solid waste permit fees in fiscal year 1994-1995.
      2. Should the amount of permit fees levied on and received from permits existing prior to June 30, 1995, exceed the amounts specified in subdivision (1)(B)(i) of this section in a fiscal year, the overcollections may be retained by the division to be used to reduce permit fees in subsequent years by relative amounts.
      3. With the exception of major underground injection control wells, fees for no-discharge state permits will be capped at five hundred dollars ($500);
2. 1. The rules shall provide that the fees shall be assessed on a per-facility basis for the following categories of permits:
      1. Air;
      2. Water; and
      3. Solid waste.
   2. All annual fees for air permits issued under the state implementation plan or the rules promulgated pursuant to the Clean Air Act, 42 U.S.C. § 7401 et seq., shall be assessed in accordance with the Clean Air Act, 42 U.S.C. § 7401 et seq.
   3. The rules may include a provision for appropriate adjustments in the fees to reflect carryover fee collections in excess of the administrative costs of issuance, renewal, inspection, modification, and monitoring associated with these permits.
   4. Notwithstanding other provisions of this subchapter and other applicable laws, the commission is authorized to promulgate and the division is authorized to collect annual fees from facilities electing to operate under the terms and conditions of a pollution prevention plan in lieu of an air permit. The annual pollution prevention plan fee shall be equal to the fee otherwise applicable to facilities operating under an air permit;
3. The division shall collect the permit fees as established by the commission and shall deny the issuance of an initial permit, a renewal permit, or a modification permit if and when any facility subject to control by the division fails or refuses to pay the fees after reasonable notice as established by the rules promulgated under this chapter;
4. The division shall require that any fee defined in this chapter shall be paid prior to the issuance of any permit; and
5. The division is hereby authorized to promulgate such rules necessary to administer the fees, rates, tolls, or charges for services established by this section and is directed to prescribe and collect such fees, rates, tolls, or charges for the services delivered by the division in such manner as may be necessary to support the programs of the division as directed by the Governor and the General Assembly.

History. Acts 1983, No. 817, § 3; A.S.A. 1947, § 82-1918; Acts 1987, No. 629, § 1; 1991, No. 789, § 1; 1993, No. 163, § 3; 1993, No. 165, § 3; 1993, No. 1254, §§ 1, 5; 1995, No. 509, § 3; 1995, No. 1056, § 1; 1997, No. 310, § 1; 1999, No. 1052, § 1; 1999, No. 1164, § 5; 2019, No. 315, §§ 423-426; 2019, No. 693, § 3; 2019, No. 910, §§ 2419-2422.

A.C.R.C. Notes. Sections 8-6-215 — 8-6-217 have been superseded by § 8-1-106.

As amended by Acts 1995, Nos. 509 and 1056, subdivision (1)(B)(i) also provided: “In raising the cap for total fee revenues, fees for solid waste permits shall not increase in fiscal years 1995-96 and 1996-97.”

Publisher's Notes. Acts 1983, No. 817, § 4, provided that the initial fee will not be enforced retroactively against water, solid waste, or air pollution control facilities that hold valid permits as of July 4, 1983.

Acts 1991, No. 609, § 1, provided: “It is the public policy of this state that vigorous efforts be made to protect our fragile environment. Recognizing that duties concerning protection of the environment have been assigned to several agencies of state government, it is found that to enhance efforts to protect the environment, authority for instituting civil suits to protect the environment in the courts of this state and of the United States should be placed in the office of the Attorney General.”

Acts 1991, No. 609, § 3, provided: “This Act shall not be construed as superseding or impairing any legal authority currently vested with the Arkansas Department of Pollution Control and Ecology, nor shall this Act in any way affect programs delegated by federal agencies to the Arkansas Department of Pollution Control and Ecology.”

Acts 1993, No. 1254, § 5, codified as subdivision (5) of this section, is also codified as §§ 8-1-105(c) and 8-7-226(d).

Amendments. The 2019 amendment by No. 315 substituted “rule” for “regulation” in (1)(A); substituted “rules” for “regulations” three times in (2), and once in (3); and deleted “and regulations” following “rules” in (5).

The 2019 amendment by No. 693 substituted “8-6-214” for “8-6-213 [repealed], 8-6-214, 8-6-215 — 8-6-217 [superseded]” in (1)(A).

The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in the introductory language; and substituted “division” for “department” throughout the section.