Powers and duties generally

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The Division of Environmental Quality shall have the following powers and duties:

  1. (1) To enter into such agreements or compacts between one (1) or more states or with the United States Government as may be necessary and appropriate to effectuate a program consistent with the purposes of this subchapter if these agreements or compacts first receive the approval of the Governor;

  2. (2) To adopt such rules as may be necessary and appropriate to enforce within the state the terms of any interstate agreement or compact developed pursuant to the provisions of this subchapter;

  3. (3) To promote the purposes of this subchapter and to effectuate and implement interstate agreements by imposing reasonable conditions on permits issued under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules promulgated under this subchapter and the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.;

  4. (4) To prohibit, by rule or by condition of permit, the disposal of any hazardous waste within the state unless the owner or custodian of the hazardous waste can demonstrate to the reasonable satisfaction of the Director of the Division of Environmental Quality that it is technically or economically infeasible for the hazardous waste to be treated;

  5. (5) To issue, continue in effect, revoke, modify, or deny, under such terms as the division or the General Assembly may prescribe, permits for the establishment, construction, operation, or maintenance of hazardous waste treatment or disposal facilities;

  6. (6) To adopt and enforce rules which would require the owners, operators, or other responsible parties of inactive or abandoned disposal sites to undertake such actions as are reasonable to prevent environmental contamination;

  7. (7) To receive federal and private funds for the purpose of securing or reclaiming abandoned hazardous waste disposal sites in an environmentally safe manner; and

  8. (8) To encourage and to participate in studies, projects, and agreements for the purpose of identifying and evaluating improvements in hazardous waste treatment and disposal techniques.


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