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House Bill 1967 has been introduced which would create the Environmental Compliance Resource Act (“Act”).
The legislation was introduced by Representative Watson (Hope).
HB 1967’s objectives are stated to include:
- Modernization, simplification, and clarifications to ensure local governments and other state agencies have adequate resources to address illegal dumps
- Creation of the Environmental Compliance Resource Act
- Repeal of the Illegal Dump Eradication and Corrective Action Program Act
- Transfer Components of the Illegal Dump Eradication and Corrective Action program to the Environmental Compliance Resource Act/Arkansas Solid Waste Management Act
A key provision includes the addition of the Act as an added Subchapter to Arkansas Code Title 8, Chapter 6.
The Act is stated to apply to the enforcement of illegal dumping of solid waste in violation of the previously referenced Subchapter and the Used Tire Recycling and Accountability Act.
Key definitions include:
- Alleged violator
- Cost statement
- Environmental officer
- Environmental violation
- Illegal dump site
- Person
The Act prohibits certain conduct associated with illegal dumping of solid waste or creating a related nuisance and provides the Arkansas Department of Environmental Quality (“ADEQ”) certain powers and duties.
ADEQ is tasked with developing a uniform environmental citation form and training for environmental officers. Such environmental officers are provided certain authorities associated with illegal dump sites, littering, or related complaints. The procedures for issuing, filing, and provisions for a hearing on environmental citations are addressed. Also included are mandates and procedures for removal of solid waste or otherwise remediation of environmental violations. An agriculture exemption is provided for certain activities.
The legislation has been referred to the House Committee on Public Health, Welfare and Labor.
A copy of HB 1967 can be found here.
