Arkansas Wastewater Variances regulations & environmental compliance analysis

Arkansas Wastewater Variances: What you need to know

Governing Law and Regulations

Variances: Arkansas Code Annotated (AR Code Ann.) 8-4-230

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Appeal process: AR Code Ann. 8-4-205

Variance to state water quality standards: Arkansas Regulation (AR Reg.) 2.309

Regulatory Agencies

Arkansas Department of Environmental Quality (ADEQ) Water Division Permits Branch

U.S. Environmental Protection Agency (EPA) Region 6

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. The state has been granted authority by EPA to administer the NPDES permit program in Arkansas and generally follows the federal requirements when considering and granting wastewater variances. See the national section WASTEWATER VARIANCES for more information about the federal requirements and the state section NPDES PERMIT for more information about Arkansas's NPDES program.

Arkansas may grant for cause temporary variances from the requirements of any permit or interim authority to construct or operate during any applicable public notice period.

Administration and enforcement. ADEQ's Permits Branch in the Water Division administers and enforces Arkansas's water quality program and makes variance determinations.

State Requirements

PERMIT VARIANCES

AR Code Ann. 8-4-230

ADEQ may, for compelling reasons and good cause, grant temporary variances from the requirements of any permit issued. However, a temporary variance cannot exceed 90 days, except when a longer period is justified by circumstances beyond the applicant's control. ADEQ may grant a request for an extension of a temporary variance at any time before the expiration date.

ADEQ may require an initial processing fee of $200 for a request ...


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