§ 8-4-201 - Powers and duties of department and commission generally.
               	 		
8-4-201.    Powers and duties of department and commission generally.
    (a)  The Arkansas Department of Environmental Quality or its successor is given and charged with the following powers and duties:
      (1)  Enforcement of Laws.  To administer and enforce all laws and regulations relating to the pollution of any waters of the state;
      (2)  Investigations and Surveys.    (A)  To investigate the extent, character, and effect of the pollution of the waters of this state;
            (B)  To  conduct investigations, research, surveys, and studies and gather data  and information necessary or desirable in the administration or  enforcement of pollution laws;
      (3)  Program.   To prepare a comprehensive program for the elimination or reduction of  the pollution of the waters of this state, including application for and  delegation of federal regulatory programs; and
      (4)  Plans of Disposal Systems.   To require to be submitted and to approve plans and specifications for  disposal systems, or any part of them, and to inspect the construction  thereof for compliance with the approved plans thereof.
(b)  The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties:
      (1)    (A)  Promulgation  of rules and regulations, including water quality standards and the  classification of the waters of the state and moratoriums or suspensions  of the processing of types or categories of permits, implementing the  substantive statutes charged to the department for administration.
            (B)  In  promulgation of such rules and regulations, prior to the submittal to  public comment and review of any rule, regulation, or change to any rule  or regulation that is more stringent than federal requirements, the  commission shall duly consider the economic impact and the environmental  benefit of such rule or regulation on the people of the State of  Arkansas, including those entities that will be subject to the  regulation.
            (C)  The commission  shall promptly initiate rulemaking proceedings to further implement the  analysis required under subdivision (b)(1)(B) of this section.
            (D)  The  extent of the analysis required under subdivision (b)(1)(B) of this  section shall be defined in the commission's rulemaking required under  subdivision (b)(1)(C) of this section. It will include a written report  that shall be available for public review along with the proposed rule  in the public comment period.
            (E)  Upon  completion of the public comment period, the commission shall compile a  rulemaking record or response to comments demonstrating a reasoned  evaluation of the relative impact and benefits of the more stringent  regulation;
      (2)  Promulgation of  rules, regulations, and procedures not otherwise governed by applicable  law that the commission deems necessary to secure public participation  in environmental decision-making processes;
      (3)  Promulgation of rules and regulations governing administrative procedures for challenging or contesting department actions;
      (4)  In  the case of permitting or grants decisions, provide the right to appeal  a permitting or grants decision rendered by the Director of the  Arkansas Department of Environmental Quality or his or her delegatee;
      (5)  In  the case of an administrative enforcement or emergency action, provide  the right to contest any such action initiated by the director;
      (6)  Instruct  the director to prepare such reports or perform such studies or  investigations as will advance the cause of environmental protection in  the state;
      (7)  Make  recommendations to the director regarding overall policy and  administration of the department, provided, however, that the director  shall always remain within the plenary authority of the Governor; and
      (8)  Upon a majority vote, initiate review of any director's decision.