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AR HB1396

Bill

Status

Failed

5/17/2013

Primary Sponsor

Greg Leding

Click for details

Origin

House of Representatives

89th General Assembly (2013 Regular)

AI Summary

  • Adds definition of "release site property owner" as a person, other than the owner or operator, who owns an interest in property where a regulated substance release has occurred

  • Prohibits release site property owners and adjacent property owners from unduly impeding or interfering with investigation, site assessment, or corrective action efforts by the Department of Environmental Quality or owner/operator

  • Requires the department or owner/operator to minimize interference with property owners' use and enjoyment of their property to the most reasonable extent practicable when conducting these activities

  • Makes property owners liable for investigation, site assessment, or corrective action costs resulting from violations of access restrictions

  • Allows the department to order property owners to undertake corrective action if they deny necessary access to the property, while preserving property owners' rights to seek legal remedies including trespass claims, eminent domain compensation, and contribution claims

Legislative Description

To Clarify The Right Of The Arkansas Department Of Environmental Quality And An Owner Or Operator To Access Property For Purposes Of Investigation, Site Assessment, Or Corrective Action.

Last Action

Died on House Calendar at Sine Die adjournment.

5/17/2013

Committee Referrals

Public Health, Welfare and Labor2/19/2013

Full Bill Text

No bill text available