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AR HB2196
Bill
Status
4/23/2013
Primary Sponsor
Greg Leding
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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