007.04.19 Ark. Code R. § 007 - Rules Pertaining to General Sanitation
Current through Register Vol. 2022, No. 3, March, 2022
The following Rules Pertaining to General Sanitation are duly adopted and promulgated by the Arkansas Board of Health pursuant to the authority expressly conferred by the laws of the State of Arkansas including, without limitation, Act 96 of 1913 (A.C.A. 20-7-101, et seq.).
To protect the environment and the health of the citizens of Arkansas by establishing acceptable criteria for various public health concerns.
It is prohibited for any person, firm, partnership, corporation, organization, association, municipality, county or governmental agency to create, permit, maintain or continue any public health nuisance.
The pollution of surface waters is prohibited. All discharges from sewage treatment facilities, factories, industrial sites, processing centers, disposal sites or other unspecified operations must be in compliance with all State and Federal laws and regulations.
It is not lawful to discharge or dispose of human waste by any means or manner that violates any State or Federal law or regulation. All sewage must be deposited in sanitary sewers, sewage treatment facilities, septic tank systems or other systems or devices adequate to meet the needs of the people being served. All systems discharging treated sewage shall be maintained at all times by an individual or company trained in the operation and maintenance of that system. The Department will establish monitoring and reporting requirements for individual sewage treatment systems. The discharge of either treated or untreated sewage into road ditches or right-of-ways is prohibited.
Detailed plans and specifications for the collection, treatment, and/or disposal facilities for all wastes of a domestic nature, containing a predominance of sewage and exclusive of industrial or manufacturing wastes, shall be submitted to and approved by the Department prior to any construction.
Connection to a public sewer system is required of all homes and businesses when the point where sewer exits the building is located within 300 feet of access to the public sewer located on the owner's property or an adjacent street or alley (A.C.A. 14-235-304 ). Plumbing fixtures must be installed and maintained in accordance with the Arkansas State Plumbing Code.
All individual Sewage Disposal and/or Treatment Systems must be operated and maintained in accordance with Department Rules Pertaining to Individual Sewage Disposal Systems, Installers and Designated Representatives (A.C.A. 14-236-101 through 14- 236-117). Property owners are responsible for the proper operation and maintenance of all sewage disposal, treatment or handling facilities located on their property. Discharges from sewage disposal or treatment facilities are prohibited unless specifically permitted by the Department or the Arkansas Department of Environmental Quality. All off-property discharges must be disinfected and meet current discharge standards. Property owners with off-property discharges must contact the Arkansas Department of Environmental Quality to obtain a National Pollutant Elimination System (NPDES) Permit.
All facilities used for the collection, treatment, disposal, holding or handling of sewage must be located on a suitable, well drained site and at a safe distance from any source of water supply. Both public and private water supplies must be protected from the possibility of surface or subsurface contamination. In order to meet this problem in a practical manner, these minimum distances are provided:
The settled contents of septic tanks and sludge from sewage treatment facilities must be disposed of in a manner approved by the Department or its Authorized Agent. The preferred method of disposal is into a public sewage treatment facility. This is the only method of disposal acceptable for holding tank contents. All persons, firms, corporations, or governmental agencies engaged in pumping or cleaning septic tanks or privately owned sewage treatment facilities must be licensed by the Department (A.C.A. 17-45-101 through 17-45-105 ). The disposal or discharge of septage or holding tank wastes at an unapproved site or in a manner not approved by the Department is prohibited.
Portable toilets are considered as sewage holding tanks or devices and are subject to Department's Rules Pertaining to Septic Tank Cleaning Operations (A.C.A. 17-45-101 through 17-45-105 ).
The use of wells or cisterns for the disposal of sewage or any wastes containing sewage is prohibited.
Neither sewage nor any effluent or sludge from any type of sewage treatment facility is to be used for irrigation, fertilization or soil conditioning unless approved by the Department and the Arkansas Department of Environmental Quality.
All containers or receptacles for sewage or wastes must be constructed, maintained and used in a manner that excludes flies or other insects and animals.
Septic tanks no longer in use must be pumped out by a licensed septic tank cleaner and filled with clean soil at the time of abandonment.
No person, firm, corporation, or governmental agency is to allow conditions conducive to the breeding of mosquitoes in area where mosquito populations may cause a public health nuisance.
No person, firm, corporation or governmental agency is to allow conditions conducive to fly breeding on any property they own or lease.
It is prohibited to apply or use any pesticide, poison or chemical intended for pest control, or any other toxic substance, in any manner that violates label directions or intended use. All pesticide, poison, toxic substance and chemical containers must be disposed of by an acceptable method and at an approved site.
In the event that water or wastewater infrastructure improvements (hereinafter "infrastructure"), including those within an improvement district, are proposed to be constructed within the adopted territorial jurisdiction of a municipality under A.C.A. 14-56-413 or its designated utility service area, said municipality shall be provided notice of such a proposal prior to the commencement of any work, assessment, or indebtedness associated with same.
No infrastructure shall be connected to or serviced by a municipal utility unless and until same is expressly granted by the municipality, subject to the municipality's connection and/or extension policy, if any.
Any infrastructure improvements, including those within an improvement district, proposed to be constructed within the adopted territorial jurisdiction of a municipality under A.C.A. 14-56-413 or its designated utility service area, regardless of whether same is to be cormected to or serviced by a municipal utility, must be built according to the standard utility construction specifications, if existing, of that municipality and in compliance with the piping sizes required by the municipal utility. The municipal utility shall be granted access during all phases of construction in order to inspect and verify substantial compliance with their construction standards, specifications, and pipe size requirements during and following construction of the infrastructure improvements. For the purpose of this Rule, "substantial compliance" means there are no identified deficiencies with the system or that any identified deficiencies are minor and do not bring into question the functionality of the system. Lack of timely response from the municipal utility to inquiries concerning their requirements shall be considered to be acceptance of the improvements as proposed. For purposes of this Rule, a timely response is one made within 30 days of an inquiry.
Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the Board may be assessed a civil penalty by the Board. The penalty shall not exceed one thousand dollars ($1,000 ) for each violation. Each day of a continuing violation may be deemed a separate violation for the purposes of penalty assessments. However, no civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation. (A.C.A. 20-7-101 ).
If any provision of these Rules, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.
All Rules and parts of Rules in conflict herewith are hereby repealed.
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