Arkansas 91st General Assembly – Secondary Extraordinary Session 2018: House Bill 1007 – Modification /Review of Arkansas Department of Environmental Quality Permits

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Arkansas Governor Asa Hutchinson issued an official call to legislators for an Extraordinary Session of the 91st General Assembly which convenes today at 9:00 a.m.

Call item number 6 is described as:

To amend Arkansas code to provide that only those permit conditions subject to the modification are open for review when an application for modification of an existing state permit for a liquid animal waste management system is filed with the Arkansas Department of Environmental Quality and an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of the permit issuance.

Call item 6 is encompassed by House Bill (H.B.) 1007 which was filed this morning. The bill was on the agenda of the House Public Health, Welfare and Labor Committee at 10:00 a.m. this morning.

The original sponsors of H.B. 1007 are Representative Wardlaw and Senator G. Stubblefield.

The bill would add a subsection to a section of Subchapter 2 (Water Pollution) of the Arkansas Water and Air Pollution Control Act. Ark. Code § 8-4-203 to be amended to add an additional subsection that would read as follows:

(o)(1) If an application for modification of an existing state permit for a liquid animal waste management system is filed with the department, only those permit conditions subject to the modification are open for review.

(2)(A) Except as provided in subdivision (o)(2)(B) of this section, an existing state permit for a liquid animal waste management system that is in good standing is not subject to review or third-party appeal for siting or location issues that were not raised during the applicable review or appeal period at the time of permit issuance.

(B) Subdivision (o)(2)(A) of this section does not limit the authority of the department to address or enforce a violation of permit conditions or applicable law.

This verbiage would specifically address liquid animal waste management systems.

A copy of the Governor’s call and H.B. 1007 can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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