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Ark. Code Ann. § 8-4-306

Political subdivisions preempted — Exception

Known as the Arkansas Water and Air Pollution Control Act

The act spans §§ 8–8 (60 sections).

Acts 1949, No. 472, [Part 2], § 12, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1941; Acts 1989, No. 765, § 1.

(1) In order to avoid conflicting and overlapping jurisdiction, it is the intention of this chapter to occupy, by preemption, the field of control and abatement of air pollution and contamination and no political subdivision of this state shall enact or enforce laws, ordinances, resolutions, rules, or regulations in this field.

(2) Notwithstanding subsection (a) of this section, any political subdivision of this state may enact and enforce laws, ordinances, resolutions, rules, or regulations for the purpose of prohibiting burning in the open or in a receptacle having no means for significantly controlling the fuel/air ratio.

(3) Nothing in this chapter shall be construed to prevent private actions under existing laws.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.