§ 8-7-216 - Permits -- Issuance generally -- Interim operations. - Arkansas Statutes

8-7-216. Permits -- Issuance generally -- Interim operations.

(a) Permits shall be issued under such terms and conditions as the Arkansas Department of Environmental Quality may prescribe under the provisions of this subchapter and under such terms and conditions as the Arkansas State Highway and Transportation Department may prescribe for the transportation of hazardous wastes.

(b) Facilities required to have a permit under this subchapter or which are operating under the terms of permits issued under the Arkansas Water and Air Pollution Control Act, 8-4-101 et seq., or the Arkansas Solid Waste Management Act, 8-6-201 et seq., as of March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter by the Arkansas Department of Environmental Quality, provided the owner or operator of such facility has made application on forms provided by the department for such permit by September 14, 1979.

(c) (1) Facilities required to have a permit under this subchapter due to statutory or regulatory changes which occur after March 14, 1979, may continue in operation until such time as a permit is issued under this subchapter, provided that the owner or operator notifies the Arkansas Department of Environmental Quality of newly regulated activities at the facility within ninety (90) days of the effective date of each statutory or regulatory change and makes initial permit application within one hundred eighty (180) days of the effective date of such changes on forms provided by the Arkansas Department of Environmental Quality.

(2) This subsection shall not apply to any facility at which interim operating authority or a final permit has previously been terminated or denied.

(d) Interim operating authority acquired pursuant to subsection (b) of this section shall terminate for incineration facilities on November 8, 1989, unless the owner or operator applied for final permit determination by November 8, 1986.

(e) Interim operating authority acquired pursuant to subsection (b) of this section shall terminate for storage and treatment facilities on November 8, 1992, unless the owner or operator applied for final permit determination by November 8, 1988.

(f) Interim operating authority acquired pursuant to subsection (c) of this section for land disposal facilities shall terminate twelve (12) months after the facility first becomes subject to permitting unless the owner or operator certifies compliance with all applicable groundwater monitoring and financial responsibility requirements.