Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 824 of the Regular Session
 1   State of Arkansas                    As Engrossed:       S4/4/23
 2   94th General Assembly                        A Bill
 3   Regular Session, 2023                                                             HOUSE BILL 1706
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 5   By: Representative Vaught
 6   By: Senator B. Johnson
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 8                                     For An Act To Be Entitled
 9                   AN ACT REGARDING LIQUID ANIMAL WASTE MANAGEMENT
10                   SYSTEMS; TO TRANSFER THE AUTHORITY RELATED TO LIQUID
11                   ANIMAL WASTE MANAGEMENT SYSTEMS FROM THE DEPARTMENT
12                   OF ENERGY AND ENVIRONMENT TO THE DEPARTMENT OF
13                   AGRICULTURE; AND FOR OTHER PURPOSES.
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16                                                 Subtitle
17                            REGARDING LIQUID ANIMAL WASTE MANAGEMENT
18                            SYSTEMS; AND TO TRANSFER THE AUTHORITY
19                            RELATED TO LIQUID ANIMAL WASTE MANAGEMENT
20                            SYSTEMS FROM THE DEPARTMENT OF ENERGY AND
21                            ENVIRONMENT TO THE DEPARTMENT OF
22                            AGRICULTURE.
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25   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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27          SECTION 1.        Arkansas Code § 8-4-203(n) and (o), concerning permits
28   related to liquid animal waste management systems, are repealed.
29          (n)(1)       When an application for the issuance of a new permit for a
30   liquid animal waste system or a modification of an existing permit for a
31   liquid animal waste system is filed, the division shall give notice of its
32   proposed action in accordance with subdivision (e)(1)(A) of this section
33   within one hundred twenty (120) days of receipt of the application.
34                   (2)(A)      At the conclusion of the public comment period, the
35   division shall announce in writing within sixty (60) days its final decision
36   regarding the permit application in accordance with subdivision (e)(2)(A) of
     *CRH084*                                                                    04-04-2023 15:28:45 CRH084
     As Engrossed:        S4/4/23                                                    HB1706
 1   this section.
 2                           (B)    For a modification that the division considers to be
 3   minor in nature, the division shall make its final decision regarding the
 4   permit application within thirty (30) days after receipt of the application.
 5                  (3)    An applicant may waive in writing to the division the
 6   timeliness requirement under subdivisions (n)(1) and (2) of this section.
 7         (o)(1)     If an application for modification of an existing state permit
 8   for a liquid animal waste management system is filed with the division, only
 9   those permit conditions subject to the modification are open for review.
10                  (2)(A)     Except as provided in subdivision (o)(2)(B) of this
11   section, an existing state permit for a liquid animal waste management system
12   that is in good standing is not subject to review or third-party appeal for
13   siting or location issues that were not raised during the applicable review
14   or appeal period at the time of permit issuance.
15                           (B)    Subdivision (o)(2)(A) of this section does not limit
16   the authority of the division to address or enforce a violation of permit
17   conditions or applicable law.
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19         SECTION 2.        Arkansas Code Title 15, Chapter 20, Subchapter 1, is
20   amended to add an additional section to read as follows:
21         15-20-102.        Liquid animal waste management systems.
22         (a)   In consultation with the Division of Environmental Quality, the
23   Department of Agriculture has authority over all liquid animal waste
24   management systems in this state, including without limitation the authority
25   to:
26                  (1)    Promulgate rules related to liquid animal waste management
27   systems;
28                  (2)    Issue and modify permits related to liquid animal waste
29   management systems;
30                  (3)    Approve design plans and site requirements related to liquid
31   animal waste management systems; and
32                  (4)    Take any other action related to liquid animal waste
33   management systems.
34         (b)(1)     The department shall promulgate rules to implement this
35   section.
36                  (2)    In promulgating rules to implement this section, the
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     As Engrossed:       S4/4/23                                                     HB1706
 1   department shall consider the Arkansas Water and Air Pollution Control Act, §
 2   8-4-101 et seq.
 3        (c)(1)     An application for a new state permit for a liquid animal waste
 4   management system or an application for modification of an existing state
 5   permit for a liquid animal waste management system shall be filed with the
 6   department.
 7                 (2)    If an application for modification of an existing state
 8   permit for a liquid animal waste management system is filed with the
 9   department, only those permit conditions subject to the modification are open
10   for review.
11                 (3)(A)     Except as provided in subdivision (c)(3)(B) of this
12   section, an existing state permit for a liquid animal waste management system
13   that is in good standing is not subject to review or third-party appeal for
14   siting or location issues that were not raised during the applicable review
15   or appeal period at the time of permit issuance.
16                          (B)    Subdivision (c)(3)(A) of this section does not limit
17   the authority of the department to address or enforce a violation of permit
18   conditions or applicable law.
19        (d)     This section does not affect the authority of the:
20                 (1)    Arkansas Natural Resources Commission under the Arkansas
21   Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et
22   seq.; or
23                 (2)    Division of Environmental Quality under the Arkansas Water
24   and Air Pollution Control Act, § 8-4-101 et seq.
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26        SECTION 3.        DO NOT CODIFY.    TEMPORARY LANGUAGE.   Rules — Permit
27   transfers.
28        (a)     The Department of Agriculture shall utilize the current Arkansas
29   Pollution Control and Ecology Commission Regulation No. 5 until the
30   department is able to review and promulgate the rules under § 15-20-102 to
31   replace Regulation No. 5.
32        (b)     An application for a new state permit for a liquid animal waste
33   management system or a modification of an existing state permit for a liquid
34   animal waste management system that was filed with the Division of
35   Environmental Quality that has not be reviewed to a final decision as of the
36   effective date of this act shall be transferred to the department.
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     As Engrossed:   S4/4/23                                           HB1706
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 2                                 /s/Vaught
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 5                             APPROVED: 4/13/23
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Statutes affected: 
Old version HB1706 Original - 3-27-2023 01:17 PM: 8-4-203(n), 15-20-1114(a)
Old version HB1706 V2 - 4-4-2023 03:28 PM: 8-4-203(n)
HB 1706: 8-4-203(n), 15-20-1114(a)
Act 824: 8-4-203(n)