Current through Register Vol. 49, No. 2, February 2024
CHAPTER 1
:
TITLE, INTENT AND PURPOSE
Reg.33.101
Title
The following rules and regulations, adopted by authority of
and in accordance with the provisions of A.C.A. Sections
8-1-203,
8-10-303(a)(3)(E),
and
8-10-304(b)(6)
shall be known as the "Motor Vehicle Racing Facility Regulations," hereinafter
referred to as Regulation Number 33.
Reg.33.102
Purpose
The purpose of this regulation is to implement the provisions
of A.C.A. Sections
8-10-302,
8-10-303, and
8-10-304.
Reg.33.103
Applicability
This regulation shall apply to all motor vehicle racing
facilities constructed on or after January 1, 1995. All permits previously
issued to motor vehicle racing facilities shall remain in effect for the full
period of time for which they were issued. Subsequent applications for permit
renewal shall comply with the requirements of this regulation.
Reg.33.104
Severability
If any provision of this regulation, or the application of such
provision to any person or circumstance, is held invalid, the remainder of this
regulation, or the application of such provision to persons or circumstances
other than those as to which it is held invalid, shall not be affected
thereby.
CHAPTER 2
: DEFINITIONS
All words, terms, and phrases used in this regulation, unless
the context otherwise requires, shall have their usual meaning. In addition,
for purposes of this regulation, the following definitions apply:
"Annual permit" means the permit issued to a motor
vehicle racing facility on an annual basis after the issuance of the initial
permit.
"Automobiles or trucks modified for racing" means
any vehicle designed to be operated with at least four wheels in contact with
the ground and a gross dry weight, excluding the driver, of more than one
thousand (1,000) pounds which is used in competitive racing or public racing
demonstrations at a motor vehicle racing facility in Arkansas.
"Begin construction"means the initiation of
physical on-site construction activities on a motor vehicle racing facility
which are of a permanent nature.
"Commission" means the Arkansas Pollution Control
and Ecology Commission.
"Competitive racing of automobiles or trucks that are
modified for racing" means any event in which it is possible to compare
the performance of the participants, even if such comparison is not actually
done; or any event designed as an exhibition of driving skill.
"Constructed" means the completion of physical
on-site activities so that a motor vehicle racing facility is capable of
hosting competitive racing events.
"Department" means the Arkansas Department of
Environmental Quality, or its successor. When reference is made in this
regulation to actions taken by or with reference to the Department, the
reference is to the staff of the Department acting at the direction of the
Director.
"Designed and used for competitive racing" means
any motor vehicle racing facility capable of hosting competitive racing.
"Initial annual permit" means the first permit
issued to a motor vehicle racing facility.
"Material change" or "Materially different" means
the addition of a new racing venue or other substantial and significant
modification to the way the facility is operated.
"Motor vehicle racing facility" means any outdoor
facility used for competitive racing by automobiles or trucks that are modified
for racing.
CHAPTER 3
: PERMIT REQUIREMENTS
Reg.33.301
Initial Annual Permit Pre-Application Requirements
(A) The party seeking the motor vehicle
racing facility initial annual permit must obtain consent and signatures on a
petition that approves the construction of the motor vehicle racing facility.
At least seventy-five percent (75%) of the property owners and seventy-five
percent (75%) of the registered voters who own property or live within three
(3) miles of the outside boundary of the proposed motor vehicle racing facility
must consent and sign the petition. For proposed facilities located within
three (3) miles of more than one county, at least seventy-five percent (75%) of
the property owners and seventy-five percent (75%) of the registered voters
within three (3) miles of the outside boundary of the proposed motor vehicle
racing facility in each county must consent and sign the petition. The
petitions shall include:
(1) A written
description of the proposed motor vehicle racing facility including:
(a) The motor vehicle racing facility address
or legal description of the property;
(b) A description of the types of motor
vehicles proposed for racing at the motor vehicle racing facility;
(c) The maximum projected noise level of the
racing vehicles;
(d) A description
of the kinds of races and the types of buildings, stands, or other physical
plant proposed for the motor vehicle racing facility; and
(e) Estimates of traffic counts and numbers
of spectators.
(2) The
registered voter's or consenting property owner's name and signature;
(3) The registered voter's or consenting
property owner's residence address or the legal description of the property
located within the three (3) mile area; and
(4) The date of the registered voter's or
consenting property owner's signature. Signatures become invalid sixty (60)
days after signing.
(B)
The party seeking the motor vehicle racing facility permit shall file the
petition.
(1) For proposed facilities located
within the boundaries of any city or town, the party shall file the petition
with the city clerk.
(2) For
proposed facilities located wholly or partially outside the boundaries of any
city or town, the party shall file the petition with the county
clerk.
(3) For proposed facilities
located within three (3) miles of more than one county, the party shall file
the petition with the county clerk for each county.
(C) The city or county clerk, as the case may
be, shall verify the petition pursuant to A.C.A. Section
7-9-109.
(1) The clerk shall determine the sufficiency
of the signatures and certify the sufficiency or insufficiency of the
signatures in writing to the Department.
(2) The clerk's decision is not subject to
review by the Department or the Commission.
(3) The city or county clerk's certification
shall be valid for a period of eighteen (18) months from the date of
issuance.
(D)
Reg.33.301(A) - (C) do not apply to any motor vehicle racing facilities located
in a county having a population between eighty thousand (80,000) and ninety
thousand (90,000) according to the 1990 Federal Decennial Census and that are:
(1) South of a navigable waterway that
traverses the state; or
(2) More
than two (2) miles from an interstate highway, public or private school, or
church facility in place at the time of the original permit
application.
(E) No
motor vehicle racing facility shall be permitted or constructed within one (1)
mile of the boundary of another county if the proposed motor vehicle racing
facility will be located in a county having a population between eighty
thousand (80,000) and ninety thousand (90,000) according to the 1990 Federal
Decennial Census and that are:
(1) South of a
navigable waterway that traverses the state; or
(2) More than two (2) miles from an
interstate highway, public or private school, or church facility in place at
the time of the original permit application.
Reg.33.302
Initial Annual Permit
Application Requirements(A) All motor
vehicle racing facilities constructed after January 1, 1995, shall obtain a
permit in accordance with this regulation.
(B) Except as provided in Reg.33.301(D), all
initial annual permit applications for a motor vehicle racing facility shall
meet the requirements of Reg.33.301(A) - (C). The party must provide the
clerk's certification of the signatures on the petition with the motor vehicle
racing facility permit application.
(C) Applications shall include a written
proposal for the motor vehicle racing facility containing the substance of the
proposed motor vehicle racing facility, including:
(1) A description of the types of motor
vehicles proposed for racing at the motor vehicle racing facility;
(2) The maximum projected noise level of the
racing vehicles;
(3) A description
of the kinds of races and the types of buildings, stands, parking areas, or
other physical plant proposed for the motor vehicle racing facility;
(4) Estimates of traffic counts and numbers
of spectators;
(5) A traffic
control plan;
(6) A copy of the
city or county clerk's certification of the signatures on the petition as
required by Reg.33.301(C);
(7) A
sample copy of the petition;
(8) A
disclosure statement in accordance with Regulation Number 8; and
(9) Any other relevant permit information as
may be determined necessary for the permit application by the
Department.
(D) All
permit applications for a motor vehicle racing facility shall be on such forms
and contain such information as the Department may reasonably
require.
(E) If, while processing
an application that has been determined to be complete, the Department
determines that additional information is necessary to evaluate or take final
action on that application, the Department may request such information in
writing and set a reasonable deadline for a response.
(F) Any applicant who fails to submit any
relevant facts or who has submitted incorrect information, shall, upon becoming
aware of such failure or incorrect submittal, promptly submit such
supplementary facts or corrected information. In addition, an applicant shall
provide additional information as necessary to address any relevant
requirements that become applicable before final action is taken on its
application.
Reg.33.303
Public Participation(A) For the
initial annual permit application, the Department shall conduct a public
hearing on the proposed motor vehicle racing facility. The Department shall set
a date for the public hearing to be held on the proposed motor vehicle racing
facility annual initial permit decision which shall not be less than thirty
(30) days after the filing of the initial annual permit application. The
hearing may be adjourned and continued if necessary. Any interested persons may
appear and contest the granting of the approval or renewal of the motor vehicle
racing facility permit. Affidavits in support of or against the proposed motor
vehicle racing facility or a permit renewal, which may be prepared and
submitted, shall be examined by the Department.
(B) Public notice of an initial permit
application and notice of public hearing shall be published in a newspaper of
general circulation in the county in which the motor vehicle racing facility is
proposed to be located. The Department shall provide or approve the format of
the notice. The notice shall include:
(1) The
motor vehicle racing facility name and business address or legal description of
the property;
(2) The type of
permit for which the application has been made;
(3) The date the application was deemed
administratively complete;
(4)
Notice of the Department's proposed
decision;
(5) The date, time and place of the public
hearing; and
(6) A statement that
oral public comments will be accepted at the public hearing. To ensure comments
are accurately recorded, the Department prefers written comments. The period
for written public comments shall extend from the date of the public notice to
the date of the public hearing. Comments must be received by the close of the
public hearing.
(C)
Those sections of Regulation Number 8 dealing with Public Notice of Permit
Application (Reg.8.205), Request for Public Hearing on Application for Permit
(Reg.8.206), Public Notice of Draft Permitting Decision (Reg.8.207), Public
Comment on Draft Permitting Decision (Reg.8.208), Public Hearings (Reg.8.209),
Public Meetings (Reg.8.210), and the second paragraph under "Director's
Decision," Final Permitting Decision (Reg.8.211(A)(2)) do not apply to initial
annual permits issued under this section.
Reg.33.304
Final Action on
Permit(A) After the hearing for the
initial permit or upon application for the renewal of its annual permit, if the
Department shall be satisfied that the benefits of the motor vehicle racing
facility are sustained by proof and outweigh its impact by the noise, air
pollution, and traffic congestion caused by motor vehicle racing facilities,
then the Department shall grant the initial permit approving the proposed motor
vehicle racing facility or shall renew approval to the permitted or existing
motor vehicle racing facility.
(B)
The Department may impose special conditions upon the issuance of the
permit.
(C) The Department shall
notify in writing the owner/operator and any person that submitted public
comments on the record of its final permitting decision.
(D) The Department's final decision shall
include a response to each issue raised, if any, during the public comment
period.
(E) No permit shall be
issued unless the applicant has paid all fees assessed.
(F) The Director's final permit decision is
subject to review pursuant to Regulation Number 8.
Reg.33.305
Transfer of Permits
(A) Permits issued under this regulation
shall remain freely transferable provided:
(1)
The applicant for the transfer notifies the Director at least thirty (30) days
in advance of the proposed transfer date on such forms as the Director may
reasonably require, and
(2) Submits
a disclosure statement or other such documents as required.
(B) The Director may deny the
issuance or transfer of any permit, license, certification, or operational
authority if he or she finds, based upon the disclosure statement and other
investigation which he or she deems appropriate, that:
(1) The applicant has a history of
noncompliance with the environmental laws or regulations of this state or any
other jurisdiction;
(2) An
applicant which owns or operates other facilities in the state is not in
substantial compliance with, or on a legally enforceable schedule that will
result in compliance with, the environmental laws or regulations of this state;
or
(3) A person with a history of
noncompliance with environmental laws or regulations of this state or any other
jurisdiction is affiliated with the applicant to the extent of being capable of
significantly influencing the practices or operations of the applicant which
could have an impact upon the environment.
(C) Public notice requirements shall not
apply to changes in ownership.
Reg.33.306
Permit Renewals
(A) Applications for an annual permit shall
contain a description of any changes to the motor vehicle racing facility since
the last permit issuance or a statement that no changes have occurred.
(1) In the event there have been no changes
to the motor vehicle racing facility the Department may issue the annual permit
without notice to the public.
(2)
If any material changes are made to the motor vehicle racing facility:
(a) The permit shall be amended
accordingly;
(b) The Department
shall provide notice to the public in accordance with the procedures contained
in Regulation Number 8, "Public Notice of Draft Permitting Decision
(Reg.8.207);" and
(c) The
Department may reconsider the approval of the permit.
(3) Renewal of an annual permit may also be
denied if:
(a) The racing facility is
determined to be in violation of any standards under which the permit was
issued;
(b) The racing facility is
constructed or is being operated in a manner that is materially different than
was represented during the petition process; or
(c) Fraud, misrepresentation, or false
statement of facts was used to obtain signatures for the petition
process.
(B)
The requirements of Reg. 33.302(C)(8)&(9), (D), (E), and (F) shall apply to
permit renewals.
(C) In its
discretion, the Department may hold public hearings for the renewal of any
permits as is necessary.
Reg.33.307
Permit Fees
(A) Each initial annual permit shall be
subject to a fee of five hundred dollars ($500).
(B) Each annual permit shall be subject to a
fee of two hundred dollars ($200).
(C) The requirements of Chapter 3 of
Regulation Number 9 shall apply to fees collected under this
regulation.
CHAPTER
4
: EFFECTIVE DATE
Reg.33.401
Effective Date
This regulation is effective ten (10) days after filing with
the Secretary of State, the State Library, and the Bureau of Legislative
Research.
