8 CAR § 21-305. Short term activity authorization

(a)(1) The Director of the Division of Environmental Quality may authorize, with whatever conditions deemed necessary and without public notice, short term activities which might cause a violation of the Arkansas Water Quality Standards. (2) This authorization is subject to the provisions that such activity is essential to the protection or promotion of the public interest and that no permanent or long-term impairment of beneficial uses is likely to result from such activity. (3) Nothing herein shall be intended to supersede existing state and federal permitting processes or requirements. (b) Activities eligible for authorization include, but are not limited to: (1) Wastewater treatment facility maintenance; (2) Fish eradication projects; (3) Mosquito abatement projects; (4) Algae and weed control projects; (5) Dredge and fill projects; (6) Construction activities; or (7) Activities which result in overall enhancement or maintenance of beneficial uses. (c)(1) The director shall specify the degree of variance from the standards, the time limit of activity, and restoration procedures where applicable. (2) Such authorization shall not be granted for activities which result in the adverse impact on any federally threatened or endangered species or on critical habitat of such species.