Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties

  1. Law
  2. Arkansas Code
  3. Environmental Law
  4. Arkansas Water and Air Pollution Control Act
  5. Water Pollution
  6. Nutrient Water Quality Trading Advisory Panel — Creation — Members — Duties

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  1. (a) The Nutrient Water Quality Trading Advisory Panel is created, consisting of nine (9) members as follows:

    1. (1) One (1) member appointed by the President Pro Tempore of the Senate;

    2. (2) One (1) member appointed by the Speaker of the House of Representatives; and

    3. (3) Seven (7) members appointed by the Governor as follows:

      1. (A) One (1) member to represent agricultural interests;

      2. (B) One (1) member to represent forestry interests;

      3. (C) One (1) member to represent municipal wastewater treatment facility interests;

      4. (D) One (1) member to represent public drinking water supply interests;

      5. (E) One (1) member to represent the interests of industries that hold point source wastewater discharge permits; and

      6. (F) Two (2) members to represent the interests of environmental organizations regarding water quality.

  2. (b)

    1. (1) A member shall serve a term of two (2) years or until a successor is appointed.

    2. (2) A member may serve successive terms without limitation.

    3. (3) If a vacancy occurs, the officer who made the original appointment for that position shall appoint a person who represents the same constituency as the member being replaced.

  3. (c)

    1. (1) A majority of the members shall constitute a quorum for the transaction of business.

    2. (2) Meetings may be conducted with members participating via telephonic or other electronic conferencing methods.

  4. (d)

    1. (1) The panel shall elect a chair and vice chair.

    2. (2) The panel may adopt rules relating to the conduct of its meetings.

  5. (e) Members shall serve without compensation but may be reimbursed for expenses in accordance with § 25-16-902, if funds are available.

  6. (f) The Division of Environmental Quality shall provide meeting space and administrative services for the panel.

  7. (g) The panel may:

    1. (1) Advise the division and the Arkansas Natural Resources Commission regarding the desirability, design, and operation of nutrient water quality trading programs; and

    2. (2) Advise the Arkansas Pollution Control and Ecology Commission and the Arkansas Natural Resources Commission regarding the promulgation of rules involving nutrient water quality trading programs.

  8. (h) The Arkansas Pollution Control and Ecology Commission shall not initiate a rulemaking proceeding to adopt a rule that authorizes or governs nutrient water quality trading unless:

    1. (1) The proposed rule has been recommended by the panel; or

    2. (2) A copy of the proposed rule has been delivered to the panel at least sixty (60) calendar days before the date the request to initiate the rulemaking is filed with the Arkansas Pollution Control and Ecology Commission.

  9. (i) Subsection (h) of this section does not limit the authority of the Arkansas Pollution Control and Ecology Commission to:

    1. (1) Alter a proposed rule at any time during the rulemaking proceeding; or

    2. (2) Initiate a rulemaking proceeding if:

      1. (A) The members of the panel have not been appointed; or

      2. (B) The panel lacks an actively serving quorum.


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