RULE 014.00.73-004 -

RULE 014.00.73-004.

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 Commission on Pollution Control and Ecology hereby promulgates this Regulation No. 4 requiring a disposal permit for real estate subdivisions in proximity to certain lakes and streams.

2. When used in this regulation:

(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) "Department" means the Department of Pollution Control and Ecology.

(e) "Commission" means the Commission on Pollution Control and Ecology.

(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 regulation, 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 Department 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 Department.

(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 regulation 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 regulation so long as said developer or developers own 50 or more lots in said development, as of the effective date of this regulation, 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 Department within sixty days after the effective date of this regulation.

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 regulation.

5. This regulation shall be in full force and effect as of the date of its promulgation.

SCHEDULE A

STREAMS COVERED BY REGULATION NO. 4

I. Arkansas River Basin

  

Arkansas River

Big Bayou Meto

Big Maumelle River

Big Piney Creek

Cadron Creek

Fourche La Fave River

Frog Bayou

Illinois River

Illinois Bayou, including East

Fork, Middle Fork, North Fork

Lee Creek

Little Sugar Creek

Mulberry River

Petit Jean River

Point Remove Creek

Poteau River

South Fourche La Fave River

Spavinaw Creek

II. White River Basin

  

Bayou Des Arc

Bayou DeView

Bayou LaGrue

Black River

Buffalo River

Cache River

Crooked Creek

Current River

Eleven Point River

Kings River

Little Red River

Norfork River

North Sylamore Creek

Salado Creek

Spring River

South Fork Spring River

South Sylamore Creek

Strawberry River

Village Creek

War Eagle Creek

White River, including West Fo

rk and Middle Fork

III. St. Francis River Basin

  

L'Anguille River

Little River

St. Francis River

Tyronza River

IV. Ouachita River Basin

  

Antoine River

Bayou Bartholomew

Caddo River

Little Missouri River

Moro Creek

  

Ouachita River, including Sout

h Fork and Irons Fork

Saline River, including North,

Alum, Middle and South Fork

V. Red River Basin

  

Cossatot River

Little River

Mountain Fork Little River

Red River

Rolling Fork Little River

Saline River

Sulfur River

  

Adopted: June 28, 1973

(7/ 7/1973)

The following state regulations pages link to this page.