Arkansas Senator Files Bill to Revoke Wastewater Permits

 From the Arkansas Senator

Arkansas Senator Mark Johnson recently filed Senate Bill 557, a piece of legislation aimed at strengthening the ability of state regulators to deny and revoke wastewater permits for entities that have consistently failed to comply with environmental regulations. The bill seeks to address the issue of "bad actors" - particularly land developers who install substandard package wastewater treatment systems that end up discharging poorly treated wastewater into streams and onto private property. If passed, SB 557 would require the Arkansas Department of Energy and Environment's Division of Environmental Quality (DEQ) to deny permits to applicants who have had five or more instances of noncompliance with environmental regulations in the previous five years. This could include incomplete or deficient permit applications, violations recorded during DEQ inspections, or entering into consent administrative orders. Notably, the bill would also apply to companies or entities whose ownership includes individuals with at least a 5% stake who also own or have owned a 5% or greater stake in any other entity with a history of environmental noncompliance. In addition to the more stringent permit denial criteria, SB 557 would expand public notice requirements for new permits or major modifications to existing permits. The DEQ would be obligated to provide written notice to residents and property owners within the same zip code as the proposed or existing facility, a significant increase in public awareness compared to the current requirement of only placing a notice in a local newspaper. Senator Johnson's "bad actor bill" takes clear aim at repeat offenders who have skirted consequences and continued to pollute Arkansas communities and ecosystems with insufficiently treated wastewater. If enacted, SB 557 could represent a major step forward in holding chronic violators accountable and empowering the DEQ to more aggressively protect public and environmental health.

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