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HB 1762

TO REQUIRE REVOCATION OF A PERMIT FOR THE DISPOSAL OF INDUSTRIAL WASTE IN AN AGRICULTURAL OR PASTORAL APPLICATION FOR A CERTAIN NUMBER OF VIOLATIONS.

2025 Regular Session Introduced by Cindy Crawford and 6 co-sponsors

Act 1009 strengthens environmental protections by revoking waste disposal permits after three violations, ensuring community input and imposing penalties for non-compliance.

Notification that HB1762 is now Act 1009
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WeVote Research Nonpartisan
Bill Summary · HB 1762

Summary of House Bill 1762 (Act 1009)

Purpose and Intent

House Bill 1762, now known as Act 1009, aims to enhance environmental protection by establishing stricter regulations on the disposal of industrial waste in agricultural or pastoral applications. The bill mandates the revocation of permits for such waste disposal after a specified number of violations, thereby promoting compliance with environmental standards.

Key Provisions

The bill introduces several significant amendments to the Arkansas Code concerning the disposal of industrial waste:

  1. Permit Revocation:

    • A permit for the disposal of industrial waste will be revoked if the permit holder violates regulations on three separate occasions within a 45-day period.
    • Violations include improper land application practices, such as applying waste when precipitation is expected within 24 hours.

  2. Public Hearing Requirement:

    • If a permit is suspended, the Division of Environmental Quality (DEQ) must hold a public hearing within 30 days to allow community input from residents within a five-mile radius of the disposal site.
    • The DEQ will consider public comments before making a final decision regarding the permit within 45 days after the hearing.

  3. Penalties:

    • Administrative civil penalties of up to $10,000 per violation can be assessed.
    • Each day of a continuing violation may be treated as a separate violation for penalty assessment purposes.

  4. Hearing Procedures:

    • The bill outlines specific procedures for hearings related to permit actions, ensuring that only those who submitted comments during the public comment period can request a hearing.

  5. Rule Promulgation:

    • The Arkansas Pollution Control and Ecology Commission is tasked with developing rules for no-discharge land application permits for industrial waste.

Affected Parties

  • Permit Holders: Individuals or entities permitted to dispose of industrial waste in agricultural or pastoral applications will be directly impacted by the new regulations and potential penalties.
  • Local Communities: Residents living near disposal sites will have the opportunity to participate in public hearings, allowing them to voice concerns about environmental impacts.

Procedural Timeline

  • Introduced: March 12, 2025
  • Amendments: The bill underwent several amendments in both the House and Senate, with significant changes made on April 9 and April 16, 2025.
  • Finalization: The bill was passed and enrolled on April 16, 2025, and officially became Act 1009 on April 22, 2025.

Conclusion

Act 1009 represents a proactive approach to environmental management in Arkansas, reinforcing the importance of compliance in industrial waste disposal. By establishing clear penalties and community involvement in the permit process, the legislation aims to protect public health and the environment from the adverse effects of improper waste management practices.

Compiled from official sources — confirm details with the bill’s official record.

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