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AR HB2196

Bill

Status

Passed

4/23/2013

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 an 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 the Arkansas Department of Environmental Quality or owners/operators conducting investigation, site assessment, or corrective action.

  • Requires the department or owner/operator to minimize interference with the release site or adjacent property owner's use and enjoyment of the property to the most reasonable extent practicable when conducting remedial activities.

  • Authorizes the department to order release site or adjacent property owners to undertake investigation, site assessment, or corrective action if they deny access when such access is reasonably necessary for department-directed work.

  • Preserves the rights of release site and adjacent property owners to seek legal remedies including claims for trespass, eminent domain compensation, damages for takings of rights in land, and contribution under state or federal law.

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

Notification that HB2196 is now Act 1509

4/23/2013

Committee Referrals

Public Health, Welfare And Labor3/26/2013
Public Health, Welfare and Labor3/12/2013

Full Bill Text

No bill text available