014.00.73 Ark. Code R. § 004

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.00.73 Ark. Code R. § 004

1. Pursuant to the provisions of Section 3 of Title I of the Arkansas Water and Air Pollution Control Act, hereinafter referred to as the "Act", (Act 472 of the Acts of Arkansas for 1949, as amended; Ark. Stats., 82-1904), the Arkansas Commission on Pollution Control and Ecology hereby promulgates this Regulation No. 4 requiring a disposal permit for real estate subdivisions in proximity to certain lakes and streams.

2. When used in this regulation:

(a) "Subdivision" means any tract of land which is divided into two (2) or more parcels, any parcel of which is less than two (2) acres in size along an existing or proposed street, highway, easement, or right-of-way, for sale, rent, or lease as residential, industrial, or commercial building lots described by reference to a map or survey of the property.

(b) "Lake" means any lake whether natural, artificial or a combination thereof, with a surface area of 500 acres or more measured at the ordinary high-water mark.

(c) "Stream" means a stream listed on Schedule A attached hereto.

(d) "Department" means the Department of Pollution Control and Ecology.

(e) "Commission" means the Commission on Pollution Control and Ecology.

(f) Words and phrases defined in the Act (but not defined herein) shall have the same meaning when used herein.

3.

(a) From and after the effective date of this regulation, no real estate developer shall cause any new subdivision to be created or platted, containing in the aggregate 50 or more lots, any part of which subdivision is located within 2,640 feet of any lake or stream, and which will not be connected to a public sanitary sewer collection and treatment system, unless the developer shall have first submitted to the Department for approval plans for a disposal system or systems to serve said subdivision adequate to prevent pollution of the waters of the State of Arkansas, together with an application for a permit to install and operate such system or systems and unless a disposal permit, or approval of future phased construction of the system or systems, has been issued by the Department.

(b) Any presently subdivided land owned and/or developed by a single developer or a group of developers acting in concert (hereinafter called "development") where such subdivided...