§ 8-5-903 - Procedures for approval of environmental projects, contents of applications, and public notice.
8-5-903. Procedures for approval of environmental projects, contents of applications, and public notice.
(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term environmental improvement project shall file with the Arkansas Department of Environmental Quality a notice of intent, which includes as a minimum:
(1) A description of the water body or stream segment affected by the project;
(2) The existing ambient water quality for the use of criteria at issue;
(3) The affected water quality standard;
(4) The modifications sought;
(5) The proposed remediation activities;
(6) A proposed remediation plan, which shall contain:
(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B) A description of the proposed water quality standard modification, both during and post-project;
(C) A description of the proposed remediation plan; and
(D) The anticipated collateral effects, if any, of the remediation plan; and
(7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.
(b) The department shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in 8-4-203(c), and shall notify the public that the details of the proposed project are available for public review.
(c) (1) After considering comments from the public, the department shall notify the petitioner as to whether the proposed project is approved or denied.
(2) The department may deny approval of a project if it reasonably concludes that:
(A) The plan is not complete;
(B) The plan is not technically sound;
(C) The schedule is unrealistic;
(D) The plan will not have an overall beneficial effect for the environment; or
(E) For other appropriate reasons.
(3) Any department determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in 8-4-205.
(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by 8-4-202 and established in administrative procedures.