§ 8-4-217 - Unlawful actions. - Arkansas Statutes

8-4-217. Unlawful actions.

(a) It shall be unlawful for any person to:

(1) Cause pollution, as defined in 8-4-102, of any of the waters of this state;

(2) Place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state;

(3) Violate any provisions of this chapter or of any rule, regulation, or order adopted by the Arkansas Pollution Control and Ecology Commission under this chapter or of a permit issued under this chapter by the Arkansas Department of Environmental Quality;

(4) Knowingly to make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter;

(5) Falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter; or

(6) Sell, offer or expose for sale, give, or furnish any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for use as laundry or dishwashing detergents within this state from and after January 1, 1994, except as provided below:

(A) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorus content include:

(i) A detergent:

(a) Used in dairy, beverage, or food processing cleaning equipment;

(b) Used in hospitals, veterinary hospitals, clinics, health care facilities, or in agricultural production;

(c) Used by industry for metal cleaning or reconditioning;

(d) Manufactured, stored, or distributed for use or sale outside the state;

(e) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory;

(f) Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital; or

(g) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry;

(ii) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; and

(iii) A substance the department excludes from the phosphorus limitations of this section based on a finding that compliance with this section would:

(a) Create a significant hardship on the user; or

(b) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences;

(B) A person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains one-half percent (.5%) phosphorus or less that is incidental to manufacturing; and

(C) A person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains eight and seven-tenths percent (8.7%) phosphorus or less by weight.

(b) (1) It shall be unlawful for any person to engage in any of the following acts without having first obtained a written permit from the department:

(A) To construct, install, modify, or operate any disposal system or any part thereof, or any extension or addition thereto, that will discharge into any of the waters of this state;

(B) To increase in volume or strength any sewage, industrial waste, or other wastes in excess of the permissive discharges specified under any existing permit;

(C) To construct, install, or operate any building, plant, works, establishment, or facility, or any extension or modification thereof, or addition thereto, the operation of which would result in discharge of any wastes into the waters of this state or would otherwise alter the physical, chemical, or biological properties of any waters of this state in any manner not already lawfully authorized;

(D) To construct or use any new outlet for the discharge of any wastes into the waters of this state; or

(E) To discharge sewage, industrial waste, or other wastes into any of the waters of this state.

(2) The department may require the submission of such plans, specifications, and other information as it deems relevant in connection with the issuance of disposal permits.