014.09.14 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.09.14 Ark. Code R. § 001
• Year: 2023

CHAPTER 1 :TITLE AND PURPOSE

Reg. 29.101 The following rules and regulations of the Arkansas Pollution Control and Ecology Commission, adopted pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979 (Act 406 of 1979, as amended Arkansas Code Annotated (A.CA.) § 8Title8-7-201 et seq.) the Arkansas Remedial Action Trust Fund Act of 1985 (Act 479 of 1985 as amended, A.CA. § 8Title8-7-501 et seq) and the Arkansas Voluntary Clean-Up Act (Act 1042 of 1997, as amended A.CA. § 8Declaration of policy8-7-1101 et seq), shall be known as APC&EC Regulation No. 29, Brownfield Redevelopment.

Reg. 29.102 It is the purpose of this Regulation and it is hereby declared to be the policy of this Commission: (A) To encourage and facilitate the redevelopment of abandoned industrial, commercial, or agricultural sites, or abandoned residential property as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl; (B) To encourage and facilitate the redevelopment of abandoned sites so that these sites can be safely returned to useful, tax producing properties to protect existing jobs and provide new job opportunities; (C) To provide persons interested in redeveloping abandoned sites with a method of determining what their legal liabilities and clean-up responsibilities will be as they plan the reuse of abandoned sites; (D) To establish incentives to encourage prospective purchasers to voluntarily develop and implement clean-up plans of abandoned sites without the need for adversarial enforcement actions by the Arkansas Department of Environmental Quality; (E) To determine, through permitting policies, administrative orders, or memoranda of agreement as appropriate, when contamination will and will not pose unacceptable risks to public health or the environment, and that equivalent concepts are used in establishing clean-up policies for abandoned sites; (F) To ensure that parties and persons responsible under law for pollution at abandoned sites perform remedial responses which are fully consistent with existing requirements; (G) As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on industrial sites should meet alternative clean-up requirements if they acquire title after the nature of conditions at the site have been disclosed and declare and commit to investigate, remediate as necessary, and limit the property to a specified future land use of the subject site; and (H) Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at § 8Voluntary cleanup process8-7-1104(b) -(d) by persons not previously involved with the site or otherwise considered responsible parties for environmental conditions at a site. These persons should not be foreclosed from participation under the procedure enacted under the Voluntary Clean-Up Act. Therefore, these persons, at the discretion of the director, may submit a letter of intent that will set forth the persons' desire to purchase the site and retain their eligibility for participation in the voluntary cleanup program established by this regulation.

CHAPTER 2 :AUTHORITY

Reg. 29.201 This regulation is promulgated pursuant to the Arkansas Voluntary Clean-Up Act (Act 1042 of 1997, as amended, A.CA. § 8Declaration of policy8-7-1101 etseq.)

CHAPTER 3: DEFINITIONS

Reg. 29.301 As used in this Regulation, unless the context otherwise requires: (A) "Abandoned site" means a site on which industrial, commercial or agricultural activity occurred and...