014.00.08 Ark. Code R. § 007

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.00.08 Ark. Code R. § 007

CHAPTER ONE : GENERAL PROVISIONS

Reg.8.101 TITLE The Arkansas Pollution Control and Ecology Commission ("Commission") adopts Regulation No. 8 pursuant to Arkansas Code Annotated Section 8Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission8-1-203(b)(1) (2) and (3). This Regulation shall be known as Regulation No. 8 - Administrative Procedures and may be cited as: Reg. 8.101 et seq.

Reg.8.102 PURPOSE AND INTENT(A) The purpose of is to set out the administrative procedures that govern the Commission, the Arkansas Department of Environmental Quality ("Department") and any person appearing in any proceeding or matter before the Commission or the Department (B) It is the intent of the Commission that the provisions of this Regulation be liberally construed so as to provide a fair opportunity for a hearing on all matters addressed herein to all persons who have standing in a specific question which is before the Commission and to expedite the administration of matters pending before the Commission.

Reg.8.103 DEFINITIONS As used in this Regulation, unless the context otherwise requires: (A) "Adjudicatory hearing" means any hearing held by the Commission under the laws administered by the Commission or the Department, for the purpose of receiving evidence concerning the adjudication of facts or issues for which a hearing is provided. (B) "Adjudicatory proceeding" means any administrative action allowed by statute regulation, or permit specifically brought before the Commission to resolve a dispute. (C) "Administrative civil penalty" means any monetary amount assessed by the Director against a person for violation of a statute, regulation, permit, or order administered by the Department, and includes any in-kind services or cash contribution authorized by the Director as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (D) "Administrative enforcement action" means any administrative proceeding instituted by the Department against a person charged with violation of any law, regulation, permit, or order administered by the Department. (E) "Administrative Hearing Officer" means a person designated by the Commission to determine issues of fact and law and render a written Recommended Decision on matters pending before the Commission and to take any other action consistent with the Commission's statutory and regulatory authority. (F) "Administrative Permit Amendment" means a minor change which is not typically considered a permit modification, as defined by applicable statutes or regulations, or a minor change which does not require public notice and opportunity for comment For example, typographical corrections or other minor corrections initiated by the Department might be considered administrative permit amendments. Some minor changes requested by the permittee may also qualify as administrative permit amendments. For Air permits, administrative permit amendments are defined in Regulations 18, 19, and 26. The Director, in his or her discretion, may decide whether a proposed revision would be considered an administrative amendment. (G) "Administratively complete" means that all information required by statute, regulation, or application form has been submitted to the Department for the purpose of processing a permit application. An application that is administratively complete is not necessarily technically complete or complete for other purposes. (H) "Affiliated person" means:(1) Any officer, director, or partner of the applicant; (2) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application which may adversely impact the environment, or with discretionary authority over such operations; (3) Any person owning or controlling more than five percent (5%) of the applicant's debt or equity; or (4) Any person who is not now in compliance or has a history of noncompliance with the environmental laws or regulations of this state or any other jurisdiction and who through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner which could adversely affect the environment. (I) "Applicant" means any person who files an application for a permit or permit renewal; an application for the reissuance of, revision of, modification of, or transfer of a permit; an application for closure/post closure plan approval or modification; an application for a permit exemption, variance or waiver; an application for a certification or license; and an application for a bond reduction or release; or any other application as required by the Department. (J) "Chairperson" means a commissioner elected by the other commissioners to preside over the Arkansas Pollution Control and Ecology Commission. (K) "Commission" means the Arkansas Pollution Control and Ecology Commission. (L) "Commission hearing" means a proceeding in which the Commission reviews an action taken by the Department which includes but is not limited to, enforcement actions and the issuance of administrative orders, permitting decisions, grant or loan decisions, petroleum storage tank trust fund decisions, tax credit decisions, and other matters. (M) "Commission Secretary" means the designated secretary to the Commission. (N) "Consent Administrative Order," "Permit Appeal Resolution," and "Settlement Agreement" all mean an administrative order entered into by agreement of the parties, including the Department. (O) "Declaratory Order" means an order that resolves controversies or answers questions or doubts concerning the applicability of rules, statutes, permits, or orders over which the Commission has authority. A Petition for Declaratory Order may be used only to resolve questions or doubts as to the application of rules statutes, permits, or orders to the petitioner's particular circumstances. A Petition for Declaratory Order is not the appropriate means to determine the conduct of another person or to obtain a policy statement of general applicability from the Commission. A petition must describe the impact to the petitioner of the rule, statute, permit, or order. (P) "Default Administrative Order means a final order issued by the Director to a person who has failed to respond in writing to a Notice of Violation within twenty (20) calendar days of its receipt. (Q) "Department" means the Arkansas Department of Environmental Quality, or its successor, including the Director and Department staff. (R) "Director" means the executive head of the Arkansas Department of Environmental Quality or the executive head's delegatee. (S) "Emergency Order" means an administrative order issued by the Director pursuant to specific authority provided by any law or regulation administered by the Commission or the Department without prior notice or adjudicatory hearing, upon a finding that an emergency or imminent hazard exists. (T) "Grant or loan decision" means a final administrative decision by the Director on any application for a grant or loan or the Director's final decision on any dispute related to a grant or a loan. (U) "Implementing agreement" means a plan, order, memorandum of agreement, or other enforceable document issued by the Department under provisions of the Arkansas Hazardous Waste Management Act of 1979, Arkansas Code Annotated § 8Title8-7-201 et seq. or the Remedial Action Trust Fund Act, Arkansas Code Annotated § 8Title8-7-501 et seq., to implement the voluntary cleanup process described in Arkansas Code Annotated § 8Voluntary cleanup process8-7-1104. (V) "Major modification" means a revision which is not a minor modification or an administrative permit amendment. (W) "Minor modification" means a revision of a permit as defined by any other regulation or as determined by the Department to be routine or inconsequential in case-specific circumstances and is not an administrative permit amendment. (X) "Notice of adjudicatory hearing" means a written notification to the parties of an adjudicatory hearing. This term does not apply to a notice of public hearing or publication of notice in a newspaper. (Y) "Notice of Bond Forfeiture" means a written notification to a person of alleged violations of any statute regulation, permit or order administered by the Department or Commission, which constitute grounds for forfeiting a bond to the Department. The Notice of Bond Forfeiture initiates an administrative enforcement action. (Z) "Notice of Violation" means a written notification to a person of alleged violations of any statute, regulation, permit, or order administered by the Department or Commission. The Notice of Violation initiates an administrative enforcement action. ...