Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/9/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 546
4
5 By: Senator K. Hammer
6 By: Representative Perry
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING THE TRUST FUND
10 CONTRIBUTION FEE FOR WATER PERMITS RELATED TO
11 NONMUNICIPAL DOMESTIC SEWAGE TREATMENT WORKS; AND FOR
12 OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE LAW CONCERNING THE TRUST
17 FUND CONTRIBUTION FEE FOR WATER PERMITS
18 RELATED TO NONMUNICIPAL DOMESTIC SEWAGE
19 TREATMENT WORKS.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code � 8-4-203(b)(1)(E), concerning a National
24 Pollutant Discharge Elimination System permit, is amended to read as follows:
25 (E)(i) The division shall not consider an application to
26 issue or modify to increase the design flow of a National Pollutant Discharge
27 Elimination System permit or state permit for a nonmunicipal domestic sewage
28 treatment works within five (5) miles of a publicly owned treatment works'
29 collection system unless:
30 (a) The division determines there is
31 significant threat of pollution without the issuance or modification of the
32 nonmunicipal domestic sewage treatment works permit; or
33 (b) The applicant seeking approval
34 demonstrates that there is no other viable cost-effective alternative by
35 submitting a feasibility study for the connection to the existing publicly
36 owned treatment works that has a collection system within five (5) miles of
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1 the proposed treatment works.
2 (ii) Except as provided under subdivisions
3 (b)(1)(C)(vi) and (b)(1)(E)(ii) (b)(1)(E)(iii) of this section, the division
4 shall not issue, renew, or transfer permit coverage for nonmunicipal domestic
5 sewage treatment works to property owners' associations or homeowners'
6 associations after January 1, 2018.
7 (ii)(iii) A property owners' association or
8 homeowners' association with permit coverage before December 31, 2017, may
9 retain permit coverage if the property owners' association or homeowners'
10 association complies with this section.
11
12 SECTION 2. Arkansas Code � 8-4-203(b)(2), concerning expired language
13 to reduce or waive the amount of the required financial assurance for a
14 National Pollutant Discharge Elimination System permit, is repealed.
15 (2) Until January 1, 2016, the Arkansas Department of
16 Environmental Quality or the division may reduce or waive the amount of the
17 required financial assurance if the permit applicant can demonstrate to the
18 Arkansas Department of Environmental Quality's or the division's satisfaction
19 that:
20 (A) For a renewal permit, during the five (5) years
21 preceding the application for a renewal permit, the nonmunicipal domestic
22 sewage treatment works has:
23 (i) Maintained the nonmunicipal domestic sewage
24 treatment works in continuous operation;
25 (ii) Maintained the nonmunicipal domestic sewage
26 treatment works in substantial compliance with the existing discharge permit
27 issued by the Arkansas Department of Environmental Quality or the division,
28 which shall be demonstrated by submitting the following:
29 (a) All discharge monitoring reports;
30 (b) Evidence that the nonmunicipal domestic
31 sewage treatment works has not exceeded the same permit effluent criteria in
32 any two (2) consecutive monitoring periods during the previous three (3)
33 years;
34 (c) Evidence that no more than ten percent
35 (10%) of the nonmunicipal domestic sewage treatment works' submitted
36 discharge monitoring reports show effluent violations; and
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1 (d) Evidence that there have not been any
2 administrative or judicial orders entered against the owner or operator for
3 violations of state or federal environmental laws, rules, or regulations or
4 permits issued by the Arkansas Department of Environmental Quality or the
5 division;
6 (iii) Maintained the services of a certified
7 wastewater treatment operator, where applicable;
8 (iv)(a) Remained financially solvent, which shall be
9 demonstrated by either:
10 (1) The nonmunicipal domestic sewage
11 treatment works' federal tax returns for the five (5) years preceding the
12 application for a renewal permit and a sworn affidavit from a corporate
13 official or other responsible official representing the nonmunicipal domestic
14 sewage treatment works that lists all assets and liabilities for the
15 nonmunicipal domestic sewage treatment works; or
16 (2) An independent certified public
17 accountant's report on the owner's or operator's independently reviewed
18 financial statements.
19 (b) The review of financial statements under
20 subdivision (b)(2)(A)(iv)(a)(2) of this section shall be conducted in
21 accordance with the American Institute of Certified Public Accountants'
22 Professional Standards, as they existed on January 1, 2013; and
23 (v) Operated the nonmunicipal domestic sewage
24 treatment works to prevent the discharge of waterborne pollutants in
25 unacceptable concentrations to the surface waters or groundwater of the state
26 as defined in the permit or as defined in the state's water quality
27 standards; or
28 (B) For a new permit:
29 (i) The reduction or waiver is necessary to
30 accommodate important economic or social development in the area of the
31 proposed nonmunicipal domestic sewage treatment works; and
32 (ii) The applicant has shown a history of financial
33 responsibility and compliance with regulatory requirements.
34
35 SECTION 3. Arkansas Code � 8-4-203(b)(4)(B)(ii)(b) - (d), concerning
36 initial trust fund contribution fees for water permittees, are amended to
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1 read as follows:
2 (b) The initial trust fund contribution fee
3 required by the division for a new nonmunicipal domestic sewage treatment
4 works is ten percent (10%) eight percent (8%), not to exceed one hundred
5 thousand dollars ($100,000), of the estimated cost of construction of the new
6 nonmunicipal domestic sewage treatment works as certified by the engineer of
7 record.
8 (c) The initial trust fund contribution fee
9 required by the division for modifications to existing nonmunicipal domestic
10 sewage treatment works is ten percent (10%) eight percent (8%), not to exceed
11 one hundred thousand dollars ($100,000), of the estimated cost of
12 construction for the modification of the nonmunicipal domestic sewage
13 treatment works as certified by the engineer of record.
14 (d) The division shall may reduce the initial
15 trust fund contribution fee if:
16 (1) The nonmunicipal domestic sewage
17 treatment works is subject to an enforcement action; and
18 (2) The corrective actions approved by
19 the division would require the nonmunicipal domestic sewage treatment works
20 to make an initial trust fund contribution.
21
22 SECTION 4. Arkansas Code � 8-4-203(b)(4)(B)(iv)(a)(2), concerning
23 trust fund contribution fees for water permittees, is amended to read as
24 follows:
25 (2) The division has issued that
26 nonmunicipal domestic sewage treatment facility's third second permit renewal
27 following its initial trust fund contribution.
28
29 SECTION 5. Arkansas Code � 8-4-203(b)(4)(D), concerning trust fund
30 contribution fees for water permittees, is amended to read as follows:
31 (D) If the total amount in the fund equals or exceeds two
32 million one hundred thousand dollars ($2,100,000), additional annual trust
33 fund contribution fees as described in subdivision (b)(4)(B)(iii) of this
34 section shall not be collected by the division until the total amount of the
35 fund equals or is less than one million five hundred thousand dollars
36 ($1,500,000), at which time the collection of required trust fund
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1 contribution fees shall resume.
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3 /s/K. Hammer
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