RULE
NO.4
RULE TO REQUIRE A DISPOSAL PERMIT FOR REAL ESTATE
SUBDIVISIONS IN PROXIMITY TO LAKES AND STREAMS
Adopted: June 28, 1973
1.
Pursuant to the provisions of Section 3 of Title I of the Arkansas Water and
AIR Pollution Control Act, hereinafter referred to as the "Act", (Act 472 of
the Acts of Arkansas for 1949, as amended; Ark. Stats., 82-1904), the Arkansas
Pollution Control and Ecology Commission hereby promulgates this Rule No. 4
requiring a disposal permit for real estate subdivisions in proximity to
certain lakes and streams.
2. When
used in this rule:
(a)
"Subdivision" means any tract of land which is divided into two
(2) or more parcels, any parcel of which is less than two (2) acres in size,
along an existing or proposed street, highway, easement, or right-of-way, for
sale, rent, or lease as residential, industrial, or commercial building lots
described by reference to a map or survey of the property.
(b)
"Lake" means any lake,
whether natural, artificial or a combination thereof, with a surface area of
500 acres or more measured at the ordinary high-water mark.
(c)
"Stream" means a stream
listed on Schedule A attached hereto.
(d)
"Division" means the
Division of Environmental Quality.
(e)
"Commission" means the
Pollution Control and Ecology Commission.
(f) Words and phrases defined in the Act (but
not defined herein) shall have the same meaning when used herein.
3.
(a) From and after the effective date of this
rule, no real estate developer shall cause any new subdivision to be created or
platted, containing in the aggregate 50 or more lots, any part of which
subdivision is located within 2,640 feet of any lake or stream, and which will
not be connected to a public sanitary sewer collection and treatment system,
unless the developer shall have first submitted to the Division for approval
plans for a disposal system or systems to serve said subdivision adequate to
prevent pollution of the waters of the State of Arkansas, together with an
application for a permit to install and operate such system or systems, and
unless a disposal permit, or approval of future phased construction of the
system or systems, has been issued by the Division.
(b) Any presently subdivided land owned
and/or developed by a single developer or a group of developers acting in
concert (hereinafter called "development") where such subdivided land is
contiguous or is known, designated or advertised as a common unit or by a
common name and is being offered for sale as part of a common promotional plan
shall be covered by this rule and the developer shall obtain a disposal permit
as required by Subparagraph (a) hereof, without regard to the number of lots in
successive individual offerings or subdivisions and without regard to the
platting and partial sale of lots in said development prior to the adoption of
this rule so long as said developer or developers own 50 or more lots in said
development, as of the effective date of this rule, which are predominately
contiguous to each other, any of which are located within 2,640 feet of any
lake or stream, and are not connected to a public sanitary sewer collection and
treatment system. A permit for developments covered by this subparagraph shall
be filed with the Division within sixty days after the effective date of this
rule.
4. The limitation
as to the minimum number of lots in the subdivisions covered hereunder shall
not be applicable when the method of subdividing and/or sale is found by the
Commission to have been adopted for the purpose of evasion of this
rule.
5. This rule shall be in full
force and effect as of the date of its promulgation.
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I. Arkansas River Basin
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Arkansas River
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Big Bayou Meto
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Big Maumelle River
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Big Piney Creek
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Cadron Creek
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Fourche La Fave River
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Frog Bayou
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Illinois River
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Illinois Bayou, including Fork
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ast Fork, Middle Fork, North
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Lee Creek
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Little Sugar Creek
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Mulberry River
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Petit Jean River
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Point Remove Creek
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Poteau River
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South Fourche La Fave River
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Spavinaw Creek
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II. White River Basin
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Bayou Des Arc
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Bayou DeView
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Bayou LaGrue
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Black River
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Buffalo River
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Cache River
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Crooked Creek
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Current River
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Eleven Point River
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Kings River
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Little Red River
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Norfork River
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North Sylamore Creek
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Salado Creek
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Spring River
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South Fork Spring River
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South Sylamore Creek
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Strawberry River
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Village Creek
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War Eagle Creek
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White River, including West F
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ork and Middle Fork
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III. St. Francis River Basin
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L'Anguille River
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Little River
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St. Francis River
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Tyronza River
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IV. Ouachita River Basin
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Antoine River
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Bayou Bartholomew
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Caddo River
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Little Missouri River
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Moro Creek
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Ouachita River, including So
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uth Fork and Irons Fork Saline
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River, including North, Alum,
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Middle and South Fork
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V. Red River Basin
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Cossatot River
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Little River
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Mountain Fork Little River
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Red River
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Rolling Fork Little River
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Saline River
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Sulfur River
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