014.00.09 Ark. Code R. § 002

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.09 Ark. Code R. § 002
• Year: 2023

CHAPTER 1 : TITLE, INTENT AND PURPOSE

Reg.33.101 Title The following rules and regulations, adopted by authority of and in accordance with the provisions of A.C.A. Sections 8Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission8-1-203 8Permit requirement8-10-303(a)(3)(E) and 8Motor vehicle racing facilities in certain municipalities8-10-304(b)(6) shall be known as the "Motor Vehicle Racing Facility Regulations," hereinafter referred to as Regulation Number 33.

Reg.33.102 Purpose The purpose of this regulation is to implement the provisions of A.C.A. Sections 8Construction of motor vehicle racing facility - Requirement8-10-302 8Permit requirement8-10-303, and 8Motor vehicle racing facilities in certain municipalities8-10-304.

Reg.33.103 Applicability This regulation shall apply to all motor vehicle racing facilities constructed on or after January 1, 1995. All permits previously issued to motor vehicle racing facilities shall remain in effect for the full period of time for which they were issued. Subsequent applications for permit renewal shall comply with the requirements of this regulation.

Reg.33.104 Severability If any provision of this regulation, or the application of such provision to any person or circumstance, is held invalid, the remainder of this regulation, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

CHAPTER 2 : DEFINITIONS

All words, terms, and phrases used in this regulation, unless the context otherwise requires, shall have their usual meaning. In addition for purposes of this regulation, the following definitions apply:

"Annual permit" means the permit issued to a motor vehicle racing facility on an annual basis after the issuance of the initial permit.

"Automobiles or trucks modified for racing" means any vehicle designed to be operated with at least four wheels in contact with the ground and a gross dry weight, excluding the driver, of more than one thousand (1,000) pounds which is used in competitive racing or public racing demonstrations at a motor vehicle racing facility in Arkansas.

"Begin construction"means the initiation of physical on-site construction activities on a motor vehicle racing facility which are of a permanent nature.

"Commission" means the Arkansas Pollution Control and Ecology Commission.

"Competitive racing of automobiles or trucks that are modified for racing" means any event in which it is possible to compare the performance of the participants, even if such comparison is not actually done; or any event designed as an exhibition of driving skill.

"Constructed" means the completion of physical on-site activities so that a motor vehicle racing facility is capable of hosting competitive racing events.

"Department" means the Arkansas Department of Environmental Quality, or its successor. When reference is made in this regulation to actions taken by or with reference to the Department, the reference is to the staff of the Department acting at the direction of the Director.

"Designed and used for competitive racing" means any motor vehicle racing facility capable of hosting competitive racing.

"Initial annual permit" means the first permit issued to a motor vehicle racing facility.

"Material change" or "Materially different" means the addition of a new racing venue or other substantial and significant modification to the way the facility is operated.

"Motor vehicle racing facility" means any outdoor facility used for competitive racing by automobiles or trucks that are modified for racing.

CHAPTER 3 : PERMIT REQUIREMENTS

Reg.33.301 Initial Annual Permit Pre-Application Requirements (A) The party seeking the motor vehicle racing facility initial annual permit must obtain consent and signatures on a petition that approves the construction of the motor vehicle racing facility At least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters who own property or live within three (3) miles of the outside boundary of the proposed motor vehicle racing facility must consent and sign the petition. For proposed facilities located within three (3) miles of more than one county, at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility in each county must consent and sign the petition. The petitions shall include:(1) A written description of the proposed...