Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
AUTHORITY
The following Rules and Regulations Pertaining to General
Sanitation are duly adopted and promulgated by the Arkansas Board of Health
pursuant to the authority expressly conferred by the laws of the State of
Arkansas including, without limitation, Act 96 of 1913 (Ark. Code Ann. §
20-7-101, etseq.)-
SECTION II.
PURPOSE
To protect the environment and the health of the citizens of
Arkansas by establishing acceptable criteria for various public health
concerns.
SECTION III.
DEFINITIONS.
A Department: The
Arkansas Department of Health or its Authorized Agent.
B. Discharge: Includes, but is not limited
to, any spilling, leaking, pumping, pouring, emitting, emptying or
dumping.
C. Excreta: The urine
and/or feces of any animal.
D.
Garbage: The animal and vegetable waste resulting from the handling,
preparation, cooking, and consumption of foods.
E. Ground Water: Subsurface water that occurs
in soil and geologic formations.
F.
Health Authority: Means the Director, State Department of Health or his
authorized representative.
G. High
Water Mark: The line which the water impresses on the soil by covering it for
sufficient periods of time to deprive it of vegetation.
H. Industrial/Manufacturing Wastes: Liquid or
solid wastes resulting from processes employed in industrial and/or commercial
establishments.
I. Individual
Sewage Disposal and/or Treatment System: A single system of treatment tanks
and/or disposal facilities used for the treatment of domestic sewage serving
only a single dwelling, office building or institution.
J. Portable Toilet: Any equipment used to
receive and retain human excreta prior to its delivery to a sewage treatment
facility.
K. Public Health
Nuisance: Any condition which is created, maintained or continued in a way that
is detrimental to public health.
L.
Public Toilet Facility: A rest room or toilet facility provided for the use of
employees, patrons, visitors and/or the general public.
M. Septage: The settled scum and sludge from
a septic tank or sewage handling facility.
N. Sewage: Human excreta or any liquid wastes
containing animal or vegetable matter in suspension or solution, including
liquid wastes from toilets, kitchen sinks, lavatories, washing machines,
dishwashers, garbage grinders and other plumbing fixtures.
O. Surface Water: Water occurring on top of
soil and geologic formations. This includes, but is not limited to, lakes,
rivers, streams, creeks, bayous, ponds and reservoirs.
P. Toxic Substances: Any substance that may
cause harmful or pathogenic effects upon humans.
Q. Vector: Arthropods or other invertebrates
which transmit infection by inoculation into or through the skin or mucous
membrane by biting, or by depositing infected materials on the skin, food or
other objects. The vector may be infected itself or may act only as a passive
or mechanical carrier of the infective agent.
SECTION IV.
PUBLIC HEALTH
NUISANCE
It is prohibited for any person, firm, partnership,
corporation, organization, association, municipality, county or governmental
agency to create, permit, maintain or continue any public health
nuisance.
SECTION V.
GROUNDWATER POLLUTION
A. The pollution
of groundwater is prohibited. No sewage, septage, food, garbage, rubbish,
drainage from buildings, filth, toxic or deleterious substance or the effluent
from any sewage treatment or disposal device is to be discharged or disposed of
by means or manner that jeopardizes ground water quality. All subsurface
disposal sites and techniques must comply with all State and Federal laws and
regulations.
B. Abandoned water
wells must be completely filled with clean, selected materials. These materials
must be thoroughly tamped in place and the last (top) ten feet must consist of
cement grout or other impervious material. All abandoned water wells shall be
sealed in accordance with the rules and regulations established by the Arkansas
Water Well Construction Commission.
SECTION VI.
SURFACE WATER
POLLUTION
The pollution of surface waters is prohibited. All discharges
from sewage treatment facilities, factories, industrial sites, processing
centers, disposal sites or other unspecified operations must be in compliance
with all State and Federal laws and regulations.
SECTION VII.
TREATMENT AND DISPOSAL OF
HUMAN WASTE
A. METHOD OF DISPOSAL. It
is not lawful to discharge or dispose of human waste by any means or manner
that violates any State or Federal law or regulation. All sewage must be
deposited in sanitary sewers, sewage treatment facilities, septic tank systems
or other systems or devices adequate to meet the needs of the people being
served. All systems discharging treated sewage shall be maintained at all times
by an individual or company trained in the operation and maintenance of that
system. The Department will establish monitoring and reporting requirements for
individual sewage treatment systems. The discharge of either treated or
untreated sewage into road ditches or right-of-ways is prohibited.
B. SUBMISSION OF PLANS. Detailed plans and
specifications for the collection, treatment, and/or disposal facilities for
all wastes of a domestic nature, containing a predominance of sewage and
exclusive of industrial or manufacturing wastes, shall be submitted to and
approved by the Department prior to any construction.
1. Plans for public sewer systems must be
submitted to the Engineering Division of the Department for review. Plans and
specifications shall be in full compliance with all Plan Review Policy
Statements issued by the Department and signed by the Director of the
Department. The Division of Public Health Engineering may, upon approval of a
written agreement between the owner and the Division, delegate plan review
responsibility for minor collection systems to the owner.
2. The plans for individual sewage disposal
or treatment systems must be submitted to the Division of Environmental Health
Protection of the Department or its authorized agent. All individual sewage
disposal or treatment systems must be planned, designed, and constructed in
accordance with the Department's Rules and Regulations Pertaining to Sewage
Disposal Systems, Installers and Designated Representatives (Ark. Code Ann.
§§
14-236-101 through
14-236-117).
C. CONNECTION TO PUBLIC SEWER REQUIRED.
Connection to a public sewer system is required of all homes and businesses
located within 300 feet and having adequate access. Plumbing fixtures must be
installed and maintained in accordance with the Arkansas State Plumbing
Code.
D. OPERATION AND MAINTENANCE
OF INDIVIDUAL SEWAGE DISPOSAL AND/OR
TREATMENT SYSTEMS. All individual Sewage Disposal and/or
Treatment Systems must be operated and maintained in accordance with Department
Rules and Regulations Pertaining to Individual Sewage Disposal Systems,
Installers and Designated Representatives (Ark. Code Ann. §§
14-236-101 through
14-236-117). Property owners are
responsible for the proper operation and maintenance of all sewage disposal,
treatment or handling facilities located on their property. Discharges from
sewage disposal or treatment facilities are prohibited unless specifically
permitted by the Department or the Arkansas Department of Environmental
Quality. All off-property discharges must be disinfected and meet current
discharge standards. Property owners with off-property discharges must contact
the Arkansas Department of Environmental Quality to obtain a National Pollutant
Elimination System (NPDES) Permit.
E. SAFE LOCATION REQUIRED. All facilities
used for the collection, treatment, disposal, holding or handling of sewage
must be located on a suitable, well drained site and at a safe distance from
any source of water supply. Both public and private water supplies must be
protected from the possibility of surface or subsurface contamination. In order
to meet this problem in a practical manner, these minimum distances are
provided:
1. All facilities used for the
collection, treatment and disposal of sewage must be at least 100 feet from any
domestic water well.
2. All
facilities used for the collection, treatment and disposal of sewage must be at
least 300 feet from the high water mark of a water supply lake or water supply
intake.
3. These distances are to
be used only where ideal conditions are present. Greater distances will be
required where local conditions demand. Requests for water well waivers must be
submitted to the Department or its Authorized Agent.
F. DISPOSAL OF SEPTAGE. The settled contents
of septic tanks and sludge from sewage treatment facilities must be disposed of
in a manner approved by the Department or its Authorized Agent. The preferred
method of disposal is into a public sewage treatment facility. This is the only
method of disposal acceptable for holding tank contents. All persons, firms,
corporations, or governmental agencies engaged in pumping or cleaning septic
tanks or privately owned sewage treatment facilities must be licensed by the
Department (Ark. Code Ann. §§
17-38-101 through
17-38-105). The disposal or
discharge of septage or holding tank wastes at an unapproved site or in a
manner not approved by the Department is prohibited.
G. PORTABLE TOILETS. Portable toilets are
considered as sewage holding tanks or devices and are subject to Department's
Regulations Pertaining to Septic Tank Cleaning Operations (Ark. Code Ann.
§§
17-38-101 through
17-38-105).
1. Use required. Portable toilets must be
provided, in adequate numbers, for all construction sites, work areas,
recreation areas, gatherings and other outdoor activities and events where 25
or more people are present for more than 4 hours and permanent toilets are not
available. At least one portable toilet must be provided for every 100 persons
or fraction thereof.
2.
Maintenance. Portable toilets must be kept clean, properly ventilated and in
good repair. The holding chamber must be pumped and recharged with a
disinfectant solution on a regular basis to keep the unit operating as
designed. Each portable toilet must have on display the owner's name, phone
number and record of the last service date.
3. Licensing. All persons, firms,
corporations, and governmental agencies engaged in the rental, leasing or
maintenance of portable toilets must be a licensed septic tank cleaner (Ark.
Code Ann. §§
17-38-101 through
17-38-105).
4. Waste Disposal. All wastes removed from
portable toilets must be disposed of in a manner consistent with State and
Federal guidelines and requirements. The discharge of portable toilet waste at
an unapproved site or in a manner not approved by the Department is
prohibited.
H. WELLS OR
CISTERNS. The use of wells or cisterns for the disposal of sewage or any wastes
containing sewage is prohibited.
I.
IRRIGATION, FERTILIZATION AND SOIL CONDITIONING. Neither sewage nor any
effluent or sludge from any type of sewage treatment facility is to be used for
irrigation, fertilization or soil conditioning unless approved by the
Department and the Arkansas Department of Environmental Quality.
J. INSECT AND ANIMAL PROOF. All containers or
receptacles for sewage or wastes must be constructed, maintained and used in a
manner that excludes flies or other insects and animals.
K. ABANDONMENT OF SEPTIC TANKS. Septic tanks
no longer in use must be pumped out by a licensed septic tank cleaner and
filled with clean soil at the time of abandonment.
SECTION VIII.
PUBLIC TOILET
FACILITIES, MINIMUM STANDARDS
A.
Public toilet facilities must be provided and maintained in accordance with the
Arkansas State Plumbing Code, kept clean, adequately lighted, properly
ventilated and in good repair.
B.
Lavatories must be provided in all toilet rooms and supplied with an adequate
supply of both hot and cold running water. The lavatory must be provided with a
mixing valve or combination faucet to deliver the hot and cold running
water.
C. Each lavatory must be
provided with an adequate supply of hand cleaning soap or detergent and an
adequate supply of single-use sanitary towels or an approved hand drying
device. Where disposable towels are used, an adequate waste receptacle must be
located near the hand-washing facility.
SECTION IX.
KEEPING OF ANIMALS
A. No person, firm, corporation or
governmental agency is to keep or shelter fowls or animals in a manner that
creates or maintains a public health nuisance.
B. All commercial animal and fowl operations
must operate according to Livestock and Poultry Commission and Arkansas
Department of Environmental Quality regulations.
SECTION X.
DRINKING WATER
FOUNTAINS
A. Drinking fountains must
dispense water at an angle, and the orifice must be protected by a mouth
guard.
B. The lower edge of the
orifice must be at an elevation not less than 3/4 inch above the flood level
rim of the receptacle.
C. Drinking
fountains attached to a lavatory, sink, toilet or other dual purpose fixture
are prohibited.
D. All drinking
fountains must meet the requirements in the Arkansas State Plumbing
Code.
E. When drinking cups are
provided, they shall be single-use and dispensed within a sanitary
manner.
SECTION XI.
VECTOR AND RODENT CONTROL.
A.
MOSQUITO CONTROL. No person, firm, corporation, or governmental agency is to
allow conditions conducive to the breeding of mosquitoes in area where mosquito
populations may cause a public health nuisance.
B. FLY CONTROL. No person, firm, corporation
or governmental agency is to allow conditions conducive to fly breeding on any
property they own or lease.
C.
RODENT CONTROL.
1. No person, firm,
corporation or governmental agency is to allow conditions conducive to the
feeding, breeding or harborage of rodents on any property they either own or
lease. The keeping of rodents under sanitary conditions in connection with
scientific research, commercial production or as pets is not
prohibited.
2. All exterior
openings to buildings, both public and private, must be rodent proof. Manholes
or other sewer access points must be maintained in a rodent proof
condition.
3. All articles and
materials stored outside of buildings must be a minimum of six inches off the
ground or in a manner approved by the Department or its authorized agent. This
does not apply to discarded items awaiting immediate removal.
D. PESTICIDE AND/OR TOXIC
SUBSTANCE USE. It is prohibited to apply or use any pesticide, poison or
chemical intended for pest control, or any other toxic substance, in any manner
that violates label directions or intended use. All pesticide, poison, toxic
substance and chemical containers must be disposed of by an acceptable method
and at an approved site.
SECTION
XII.
PENALTY
Every firm, person, or corporation who violates any of the
rules and regulations issued or promulgated by the State Board of Health or who
violates any condition of a license, permit, certificate, or any other type of
registration issued by the Board may be assessed a civil penalty by the Board.
The penalty shall not exceed two hundred fifty dollars ($250) for each
violation. Each day of a continuing violation may be deemed a separate
violation for the purposes of penalty assessments. However, no civil penalty
may be assessed until the person charged with the violation has been given the
opportunity for a hearing on the violation. (Ark. Code Ann. §
20-7-101).
SECTION XIII.
SEVERABILITY
If any provision of these Rules and Regulations, or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of these Rules and
Regulations which can give effect without the invalid provisions or
applications, and to this end the provisions hereto are declared to be
severable.
SECTION XIV.
REPEALING CLAUSE
All Regulations and parts of Regulations in conflict herewith
are hereby repealed.
