Ark. Code Ann. § 8-4-204 (2026)
Permits — Revocation
The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation:
- Violation of any condition of the permit;
- Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or
- A change in any applicable regulation or a change in any preexisting condition affecting the nature of the discharge that requires either a temporary or permanent reduction or elimination of the permitted discharge.
History. Acts 1949, No. 472, [Part 1], § 3; 1975, No. 743, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 14; 1993, No. 165, § 14; 1997, No. 1219, § 5; 1999, No. 1164, § 21; 2019, No. 910, § 2488.
Amendments. The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality”.
Case Notes
Violations.
Where a corporation with an incinerator permit transferred all of its stock to a second corporation, there was substantial evidence to support the Arkansas Pollution Control and Ecology Commission's conclusion that the first corporation thereby transferred its permitted facility to the second corporation, a transfer prohibited by the permit. Enviroclean, Inc. v. Ark. Pollution Control & Ecology Comm'n, 314 Ark. 98, 858 S.W.2d 116 (1993).
Cited: Ark. Comm'n of Pollution Control & Ecology v. Husky Indus., Inc., 293 Ark. 249, 737 S.W.2d 157 (1987); Nucor Steel-Arkansas v. Ark. Pollution Control & Ecology Comm'n, 2015 Ark. App. 703, 478 S.W.3d 232 (2015).