(a)
- (1) On or about the tenth and twenty-fifth day of each month, the Director of the Division of Environmental Quality shall cause a list of all notices of violation issued, and all consent administrative orders entered into, but not previously noticed, to be published in a newspaper of statewide circulation.
(2) The notice shall include:
- (A) The identity of the person or facility alleged to be in violation;
- (B) The location by city or county of the alleged violation;
- (C) A brief description of the environmental media impacted by the alleged violation, e.g., water, air, solid waste, hazardous waste, regulated storage tanks, or mining;
- (D) The type of administrative enforcement action, i.e., notice of violation or consent administrative order;
- (E) The amount of the proposed administrative civil penalty, if any;
- (F) A statement that the documents for the administrative enforcement action are available for copying at the Division of Environmental Quality; and
- (G) A statement that the submission of written comments by any person will be accepted by the division.
- (b) The notice provided in subsection (a) of this section shall also be given to each member of the Arkansas Pollution Control and Ecology Commission.
- (c) No public notice shall be required for any notice of violation or consent administrative order which has not been executed by the director.
- (d) If an administrative civil penalty is being assessed for a violation that occurs within the corporate limits of any municipality in Arkansas, a copy of the public notice shall be delivered to the chief executive officer of the municipality in which the alleged violation occurred along with a copy of any proposed order concerning the violation, and the municipality shall be given a reasonable opportunity to comment on the proposed order consistent with the public notice and comment requirements of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq., and rules promulgated thereunder.