Ark. Code Ann. § 8-7-502 (2026)
Legislative intent — Purposes
- It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances necessary to protect the public health and the environment, including funds required to assure payment of the state's participation in response actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, and to encourage the reduction of hazardous waste generation.
- The purpose of this subchapter is to encourage privately funded remedial action and to clarify that persons who have undertaken remedial action at a hazardous substance site in response to an action initiated by the Division of Environmental Quality pursuant to § 8-7-508 may obtain contribution from any other person who is liable for remediation of the hazardous substance site.
- A further purpose of this subchapter is to clarify the General Assembly's intent to provide the division with the necessary funds for remedial action at a hazardous substance site, recognizing that both public and private funds must be expended to implement remedial action at the hazardous substance sites which exist in this state. Costs and expenses for remedial action, whether expended by the division or by any person liable for the hazardous substance site, are legal damages to persons liable to the state and to persons liable to any other person for contribution, whether the liability arises by voluntary compliance with this subchapter pursuant to an order from or settlement with the division, or by suit for injunctive relief, declaratory judgment, contribution, damages, or restitution, and whether the suit is brought by the state or by any party authorized to bring a suit for relief under this subchapter.
- The General Assembly expressly intends that the provisions of this subchapter shall apply retroactively.
-
A further purpose of this act is to:
- Provide the state with the authority necessary to protect the public's health and safety and the environment from releases or threatened releases of hazardous substances;
- Provide emergency response capabilities necessary to promptly contain, control, or remove hazardous substances resulting from spills or accidental releases; and
-
-
Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following:
- Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or
- Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted.
- The provisions concerning site assessments under §§ 8-7-504(a) and (b), 8-7-505, 8-7-508, 8-7-509(e) and (f), and 8-7-516 shall not apply under this subdivision (e)(3).
-
Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following:
History. Acts 1985, No. 479, § 2; A.S.A. 1947, § 82-4713; Acts 1989, No. 441, § 1; 2005, No. 1824, § 2; 2017, No. 1073, § 1; 2019, No. 910, § 2750.
Amendments. The 2017 amendment added (e)(3).
The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (b); and substituted “division” for “department” throughout (c).
Meaning of “this act”. Acts 2005, No. 1824, codified as 8-4-103, 8-6-204, 8-7-204, 8-7-402 — 8-7-421 [repealed], §§ 8-7-502, 8-7-503, 8-7-508, 8-7-509, 8-7-512, 8-7-514 — 8-7-517, 8-7-519, 8-7-521, 8-7-525, 19-5-929 [repealed], and 20-27-1002.
U.S. Code. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in this section, is codified primarily as 42 U.S.C. § 9601 et seq.
Research References
U. Ark. Little Rock L.J.
Julian & Schlumberger, Insurance Coverage for Environmental Clean-Up Costs Under Comprehensive General Liability Policies, 19 U. Ark. Little Rock L.J. 57.
Case Notes
In General.
This subchapter was enacted by the General Assembly in 1985 to provide the state, through its environmental agencies, with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances, and, among other things, to disburse funds required to assure payment of the state's participation in response to environmental actions taken by the federal government, specifically pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.). Gurley v. Mathis, 313 Ark. 412, 856 S.W.2d 616 (1993).
This subchapter is an extension of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.). Gurley v. Mathis, 313 Ark. 412, 856 S.W.2d 616 (1993).
The Remedial Action Trust Fund was created by the General Assembly to meet the ten percent state contribution required by Congress before the Superfund monies could be expended to clean up a hazardous waste site under 42 U.S.C. § 9604(c). Gurley v. Mathis, 313 Ark. 412, 856 S.W.2d 616 (1993).
Air or Water Pollution.
There is no reference in this subchapter to air or water pollution as that term is defined in Chapter 4 of this title, and thus no explicit legislative intent that damage to the state's natural resources be covered under this subchapter. Arkansas ex rel. Bryant v. Dow Chem. Co., 981 F. Supp. 1170 (E.D. Ark. 1997).
Causes of Action.
This subchapter is primarily designed to obtain costs and expenses for remedial action at hazardous substances sites, and does not provide a cause of action for natural resource damages. Arkansas ex rel. Bryant v. Dow Chem. Co., 981 F. Supp. 1170 (E.D. Ark. 1997).