Ark. Code Ann. » Title 8 Chapter 07
Arkansas Code Annotated

Ark. Code Ann. § 8-7-511 (2020)

Furnishing of information

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  1. For purposes of assisting in determining the need for remedial action in connection with a release or threat of release of hazardous substances under this subchapter or for enforcing the provisions of this subchapter, any person who stores, treats, or disposes of hazardous substances, or, if necessary to ascertain facts not available at the site or facility where the hazardous substances are stored, treated, or disposed of, any person who generates, transports, otherwise handles, or has handled hazardous substances shall, upon request of any officer or employee of the Division of Environmental Quality, furnish information relating to the hazardous substance and permit the person at all reasonable times to have access to and copy all records relating to the hazardous substances and to inspect and obtain samples of any such hazardous substances or other materials.
  2. However, any information which would constitute a trade secret under § 4-75-601 et seq., obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division, in the administration of this subchapter, except emission data, shall be kept confidential.
  3. Any violation of this section is a Class A misdemeanor.

History. Acts 1985, No. 479, § 12; A.S.A. 1947, § 82-4723; Acts 2019, No. 693, § 21; 2019, No. 910, § 2763.

Amendments. The 2019 amendment by No. 693 substituted “is a Class A” for “shall be unlawful and constitute a” in (c).

The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (a); and, in (b), substituted “Department of Energy and Environment, the Secretary of the Department of Energy and Environment, the division, or any employees of the Department of Energy and Environment or the division” for “department or its employees”.

Cross References. Misdemeanors, § 5-1-107.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003).
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Arkansas Dep't of Env't Quality v. Brighton Corp., 102 S.W.3d 458 (Ark. 2003). · cites it 5× “§ 8-7-508 (a)(1) and § 8-7-511, DEQ issued an "Administrative Notice of Liability and Request for Information" to a number of entities, including the defendants; however, none of the parties notified of responsibility accepted responsibility for final remediation of the site.”
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