Arkansas Administrative Code
Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT
Division 01 - Arkansas Pollution Control and Ecology Commission
Rule 118.01.21-004 - Rule 4, "Rule to Require a Disposal Permit for Real Estate Subdivisions in Proximity to Lakes and Streams"

(a) "Subdivision" means any tract of land which is divided into two (2) or more parcels, any parcel of which is less than two (2) acres in size, along an existing or proposed street, highway, easement, or right-of-way, for sale, rent, or lease as residential, industrial, or commercial building lots described by reference to a map or survey of the property.

(b) "Lake" means any lake, whether natural, artificial or a combination thereof, with a surface area of 500 acres or more measured at the ordinary high-water mark.

(c) "Stream" means a stream listed on Schedule A attached hereto.

(d) "Division" means the Division of Environmental Quality.

(e) "Commission" means the Pollution Control and Ecology Commission.

(f) Words and phrases defined in the Act (but not defined herein) shall have the same meaning when used herein.

(a) From and after the effective date of this rule, no real estate developer shall cause any new subdivision to be created or platted, containing in the aggregate 50 or more lots, any part of which subdivision is located within 2,640 feet of any lake or stream, and which will not be connected to a public sanitary sewer collection and treatment system, unless the developer shall have first submitted to the Division for approval plans for a disposal system or systems to serve said subdivision adequate to prevent pollution of the waters of the State of Arkansas, together with an application for a permit to install and operate such system or systems, and unless a disposal permit, or approval of future phased construction of the system or systems, has been issued by the Division.

(b) Any presently subdivided land owned and/or developed by a single developer or a group of developers acting in concert (hereinafter called "development") where such subdivided land is contiguous or is known, designated or advertised as a common unit or by a common name and is being offered for sale as part of a common promotional plan shall be covered by this rule and the developer shall obtain a disposal permit as required by Subparagraph (a) hereof, without regard to the number of lots in successive individual offerings or subdivisions and without regard to the platting and partial sale of lots in said development prior to the adoption of this rule so long as said developer or developers own 50 or more lots in said development, as of the effective date of this rule, which are predominately contiguous to each other, any of which are located within 2,640 feet of any lake or stream, and are not connected to a public sanitary sewer collection and treatment system. A permit for developments covered by this subparagraph shall be filed with the Division within sixty days after the effective date of this rule.