Recordkeeping required

  1. Law
  2. Arkansas Code
  3. Environmental Law
  4. Hazardous Substances
  5. Controlled Substances Contaminated Property Cleanup Act
  6. Recordkeeping required

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  1. (a) The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances.

  2. (b) The division shall:

    1. (1) Create a list of properties contaminated through the manufacture of controlled substances;

    2. (2) Place a contaminated property on the contaminated properties list;

    3. (3) Not determine that a property has been adequately remediated unless:

      1. (A) The inspection, sampling, remediation, and removal of contaminated materials is performed:

        1. (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or

        2. (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and

      2. (B) The property has met the remediation standards developed by the division;

    4. (4)

      1. (A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated.

      2. (B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and

    5. (5) Remove a property from the list when the division finds that the property has been adequately remediated.

  3. (c)

    1. (1) The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public:

      1. (A) On the division's website; and

      2. (B) In hard copy upon request to the division.

    2. (2) The division shall keep hard copies of the information required under this section until the division has removed the property from the list of properties contaminated through the manufacture of controlled substances.


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