§ 8-11-103 - Regulatory flexibility. - Arkansas Statutes

8-11-103. Regulatory flexibility.

(a) (1) The Arkansas Department of Environmental Quality, by order of the Director of the Arkansas Department of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and Ecology Commission rule regarding the control or abatement of pollution.

(2) However, the applicant must propose to control or abate pollution by an alternative method, provided the alternative method is:

(A) Quantifiable, measurable, and enforceable;

(B) At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and

(C) Consistent with federal law.

(b) As a part of the approval process, the director shall provide for public notice and for public participation in considering requests under this section.

(c) The director's order must provide a specific description of the alternative method and must condition any approval on compliance with the method as the order prescribes.

(d) The department may establish a reasonable fee for applications under this section.

(e) A violation of an order issued under this section is punishable as if it were a violation of the previously effective means of compliance.