§ 8-7-227 - Corrective action at permitted facilities and interim status facilities.
8-7-227. Corrective action at permitted facilities and interim status facilities.
(a) (1) Any permit issued under this subchapter for any hazardous waste treatment, storage, or disposal facility shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at the treatment, storage, or disposal facility seeking the permit under this subchapter regardless of the time at which waste was placed in the unit.
(2) The corrective action component of the permit shall contain:
(A) Schedules of compliance for the corrective action when the corrective action cannot be completed prior to issuance of the permit; and
(B) Assurances of financial responsibility for completing the corrective action.
(3) The corrective action component of the permit shall also require that corrective action be taken beyond the facility boundary when necessary to protect human health and the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the Director of the Arkansas Department of Environmental Quality that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action.
(b) (1) Whenever the director determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under interim operating authority pursuant to this subchapter, the director may:
(A) Issue an order requiring corrective action or such other response measure as the director deems necessary to protect human health or the environment; or
(B) Commence a civil action in the circuit court in the county in which the facility is located for appropriate relief, including a temporary or permanent injunction.
(2) (A) Any order issued under this subsection:
(i) Shall state with reasonable specificity the nature of the required corrective action or other response measure;
(ii) Shall specify a time for compliance; and
(iii) May include a suspension or revocation of the interim authority to operate under this subchapter.
(B) If any person named in an order issued under this section fails to comply with the order, the director may assess a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) for each day of noncompliance with the order.