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 A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 557
4
5 By: Senator M. Johnson
6
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND LAWS CONCERNING WATER PERMITS AND
10 DISCHARGE OF WASTEWATER; TO AUTHORIZE DENIALS OF
11 APPLICANTS FOR A WATER PERMIT THAT HAVE A HISTORY OF
12 NONCOMPLIANCE; TO CLARIFY A NOTICE OF INTENT; TO
13 ESTABLISH ACCESS TO TECHNICAL SUPPORT IN THE EVENT OF
14 A SEWAGE OR STORM WATER EMERGENCY; TO PROHIBIT
15 CERTAIN DISCHARGE OF WASTEWATER; AND FOR OTHER
16 PURPOSES.
17
18
19 Subtitle
20 TO AMENDS LAW CONCERNING WATER PERMITS
21 AND DISCHARGE OF WASTEWATER; TO
22 AUTHORIZE DENIALS OF APPLICANTS THAT
23 HAVE A HISTORY OF NONCOMPLIANCE; AND TO
24 PROHIBIT CERTAIN DISCHARGE OF
25 WASTEWATER.
26
27 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
28
29 SECTION 1. Arkansas Code � 8-4-203(b), concerning permits relating to
30 water pollution, is amended to add an additional subdivision to read as
31 follows:
32 (10)(A) The division may deny a permit relating to wastewater if
33 the applicant has a history of noncompliance with environmental regulations,
34 whether at the applicant's site or at any other permitted or unpermitted
35 facility in this state.
36 (B) Noncompliance with environmental regulations includes:
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1 (i) Noncompliance that is recorded on inspections or
2 other compliance activities performed by the division;
3 (ii) A demonstrated history by the applicant of
4 submitting incomplete or deficient permit application information;
5 (iii) All consent administrative orders issued by
6 the division against the applicant; and
7 (iv) Noncompliance of the applicant or any other
8 entity whose ownership includes individuals who own at least five percent
9 (5%) of the applicant and who own or have owned at least five percent (5%) of
10 any other entity that has a history of noncompliance with environmental
11 regulations.
12 (C) If an applicant has a history of noncompliance with
13 environmental regulations that includes five (5) or more events of
14 noncompliance with environmental regulations within the previous five (5)
15 years, the division shall deny the permit.
16
17 SECTION 2. Arkansas Code � 8-4-203(d)(1), concerning notice of
18 application for a permit relating to water, is amended to read as follows:
19 (d)(1) When an application for the issuance of a new permit or a major
20 modification of an existing permit is filed with the division, the division
21 shall cause notice of the application to be published in a newspaper of
22 general circulation in the county in which the proposed facility is to be
23 located and provide notification by mail to any resident or property owner
24 within the same zip code in which the proposed facility is to be located.
25
26 SECTION 3. Arkansas Code � 8-4-203(m)(1)(B), concerning general
27 permits relating to water and notice of intent, is amended to read as
28 follows:
29 (B)(i) Facilities or sources eligible to construct or
30 operate under a general permit may obtain coverage by submitting a notice of
31 intent to the division.
32 (ii) The director may require a person who has been
33 granted coverage under a general permit to apply for and obtain an individual
34 permit.
35 (iii)(a) A notice of intent as described in
36 subdivision (m)(1)(B)(i) of this section shall include water courses and
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1 wetlands and a certification that the applicant for a general permit is not
2 impacting waters of the United States or wetlands.
3 (b) If an applicant cannot certify as required
4 under subdivision (m)(1)(B)(iii)(a) of this section, the applicant shall
5 provide a copy of the Corps permit under Section 304 of the Clean Water Act,
6 as amended by 33 U.C.C. � 1344.
7
8 SECTION 4. Arkansas Code Title 8, Chapter 4, Subchapter 2, is amended
9 to add additional sections to read as follows:
10 8-4-235. Sewage or storm water emergency.
11 The Division of Environmental Quality shall establish a method to allow
12 local officials responding to a sewage or storm water emergency to have
13 immediate access to personnel of the division for technical support.
14
15 8-4-236. Prohibited discharge.
16 A retail developer or a permittee of this chapter shall not discharge:
17 (1) Into an ephemeral or intermittent stream or waterway;
18 (2) In any situation in which the normal course of discharge
19 shall result in accumulation of wastewater in areas outside of the stream or
20 waterway; or
21 (3) In any situation that results in an overflow into the
22 private property of another.
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3 03/21/2025 12:33:28 PM JMB212Every fact on this page links to its source, starting with the official bill record.