Arkansas Code Annotated

Ark. Code Ann. § 8-4-222 (2026)

Appeals — Entitlement

✓ current as of May 2026

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An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 — 8-4-229 by those parties that have standing and have exhausted their administrative appeals.

History. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 20; 1993, No. 165, § 20; 2013, No. 1021, § 2.

Amendments. The 2013 amendment inserted “under §§ 8-4-223 — 8-4-229” and deleted “to the circuit court of the county in which the business, industry, municipality, or thing involved is situated, in the manner provided in §§ 8-4-223 — 8-4-229” at the end.

Case Notes

Construction.

The Arkansas provisions for judicial review are comparable to those found in 33 U.S.C. § 1319(g)(8). Ark. Wildlife Fed'n v. ICI Ams. Inc., 842 F. Supp. 1140 (E.D. Ark. 1993), aff'd, 29 F.3d 376 (8th Cir. 1994).

Notes of Decisions

Cited in 8 cases, 1990–2015 · leading case: Pine Bluff for Safe Disposal v. Arkansas Pollution Control & Ecology Comm'n, 127 S.W.3d 509 (Ark. 2003).

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Pine Bluff for Safe Disposal v. Arkansas Pollution Control & Ecology Comm'n, 127 S.W.3d 509 (Ark. 2003). · cites it 2× “Section 8-4-229(a) provides that in any appeal involving a decision by the Commission, “the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied…”

Hamilton v. Arkansas Pollution Control & Ecology Comm'n, 969 S.W.2d 653 (Ark. 1998). · cites it 2× “2 Section 8-4-213 provides as follows: (a) If no appeal is taken from an order, rule, regulation, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in Ark. Code Ann. §§ 8-4-222 — 8-4-229, or if the action of the commission is affirmed on…”

City of Dover v. Barton, 987 S.W.2d 705 (Ark. 1999). · cites it 2× “See Ark. Code Ann. § 8-4-222 (Repl. 1993). They did not and, thus, failed to exhaust their administrative remedies.”

Arkansas Dep't of Env't Quality v. Al-Madhoun, 285 S.W.3d 654 (Ark. 2008). “Rather, specific procedures are provided in §§ 8-4-222 to -229 (Repl. 2007). Id. The ADEQ is required to follow the administrative procedures set forth in the Commission’s Regulation No.”

Arkansas Wildlife Fed'n v. ICI Americas Inc., 842 F. Supp. 1140 (E.D. Ark. 1993). · cites it 2× “ArkCode Ann. § 8-4-222. Plaintiff did not argue that the judicial review portions of the Arkansas scheme are not comparable to the federal scheme.”

Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015). “Nucor then appealed to the Mississippi County Circuit Court, pursuant to Arkansas Code Annotated sections 8-4-222 and -223(a) (Supp. 2015).”

Tri-Cnty. Solid Waste Dist. v. Arkansas Pollution Control & Ecology Comm'n, 230 S.W.3d 545 (Ark. 2006). “Section 8-4-229(a) provides that in any appeal involving a decision by the Commission, “the action of the commission shall be prima facie evidence, reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied…”

Arkansas Dep't of Pollution Control & Ecology v. B.J. McAdams, Inc., 792 S.W.2d 611 (Ark. 1990). “Appeal of the commission’s decision may be taken in accordance with the appellate procedure specified in sections 8-4-222—8-4-229; (2) In any civil action instituted by the department under this chapter, be assessed a civil penalty by the court.”

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