8 CAR § 11-405. Public notice of notices of violation and consent administrative orders

(a)(1) On or about the tenth and twenty-fifth day of each month, the Director of the Division of Environmental Quality shall cause a list of all notices of violation issued, and all consent administrative orders entered into, but not previously noticed, to be published in a newspaper of statewide circulation. (2) The notice shall include: (A) The identity of the person or facility alleged to be in violation; (B) The location by city or county of the alleged violation; (C) A brief description of the environmental media impacted by the alleged violation, e.g., water, air, solid waste, hazardous waste, regulated storage tanks, or mining; (D) The type of administrative enforcement action, i.e., notice of violation or consent administrative order; (E) The amount of the proposed administrative civil penalty, if any; (F) A statement that the documents for the administrative enforcement action are available for copying at the Division of Environmental Quality; and (G) A statement that the submission of written comments by any person will be accepted by the division. (b) The notice provided in subsection (a) of this section shall also be given to each member of the Arkansas Pollution Control and Ecology Commission. (c) No public notice shall be required for any notice of violation or consent administrative order which has not been executed by the director. (d) If an administrative civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., and rules promulgated thereunder.