NOTE: The SWEPCO variance hearing has been
rescheduled to February 22, 2010.
Commission History
The Arkansas Pollution Control and Ecology Commission
was first established in 1949 as part of the Arkansas Water Pollution Control Act (Act 472 of 1949).
Since that time, it has undergone significant changes -- including a reorganization in 1991.
The Commission is the environmental policy-making body for Arkansas. With guidance from the
Governor, the Legislature, the EPA and others, the Commission determines the environmental policy for the state
and the Arkansas Department of Environmental Quality implements those policies.
Though the Commission and the Arkansas Department of Environmental Quality work closely, each
is distinctly different.
The Commission is comprised of 13 members, six representing state agencies and seven appointed
by the Governor. The six agency representatives are directors -- or their designee -- of the:
- Arkansas Department of Health
- Arkansas Game and Fish Commission
- Arkansas Forestry Commission
- Arkansas
Natural Resources Commission
- Arkansas Oil and Gas Commission
- Arkansas Geology Commission
The seven other members of the Commission represent each of the four congressional districts in
the state. Each district must have at least one representative on the Commission, but no more than two
representatives.
The Commission employs two people:
- Michael O'Malley -- Administrative Hearing Officer
- Patricia Goff -- Commission Secretary
By law, the Commission must meet four times each year. In practicality, they meet once a month
with the exception of November and December.
Commission Legislative History
Act 472 of 1949 -- Established the Water Pollution Control Commission as a part of the State
Board of Health. Its original membership consisted of the directors of four state agencies: the State Board of
Health, the Arkansas Game and Fish Commission, the Arkansas Oil and Gas Commission and the Resources and
Development Commission. The Commission also had three citizen members, each appointed by the Governor to
represent interest areas of industry, municipalities and agriculture and livestock.
Act 232 of 1953 -- Added to the Commission members the director of the State Forestry and Parks
Commission.
Act 503 of 1963 -- Required the Commission to appoint a director "who shall handle such
correspondence make and arrange such inspections or investigations, and obtain and assemble or propose such
reports and data as the Commission may direct and authorize, and who shall be the executive officer and active
administrator of all pollution control activities and shall have such other delegated powers and duties as the
Commission may direct or authorize."
Act 183 of 1965 -- Changed the Commission's name to the Arkansas Pollution Control Commission,
added authority for air pollution control, removed the Commission from the Health Department and changed the
state agency membership. The new composition of the Commission included the directors of five state agencies:
the State Board of Health, the Arkansas Game and Fish Commission, the Oil and Gas Commission, the
Natural Resources Commission and the State Forestry Commission. The three appointed member representatives remained
unchanged.
Act 236 of 1971 -- Added two members to the Commission: the State Geologist and a
representative of the state's mining industry. The special-interest representative was appointed by the
Governor.
Act 38 of 1971 -- State government reorganization act; created the Arkansas Department of
Environmental Quality and provided that the Department Director would be nominated by the Commission and
confirmed by the Governor with consent of the State Senate.
Act 930 of 1985 -- Added another member to the Commission and clarified the qualifications of
one of the positions to be appointed by the Governor. The additional member, appointed by the Governor, was
required to be a member of an organization which belonged to the Arkansas Conservation Coalition. The change in
the qualifications of another appointee, a representative of municipalities, was changed to the designation of a
representative of city or county government.
Act 744 of 1991 -- Restructured the Commission as follows: Increased the size of the Commission
to 13 members by adding two positions to be appointed by the Governor and removed the specific interest area
designations for the gubernatorial appointees and required that private citizen appointees "... have knowledge
or expertise in matters within the jurisdiction of the Commission including government, business or industry,
agriculture and livestock, forestry, health, ecology, recreation and tourism and geology."
Other changes required each congressional district in the state to be represented by at least
one of the seven private citizen appointees and provided that no district could have more than two appointees.
Also, the act prohibited elected city, county or state officials from serving on the Commission after the
expiration of any current member's term and prohibited the six state agency members from serving as chairman or
vice chairman.
The new act required the presence of nine members as a quorum to conduct business, modified the
procedures for issuance and revocation of wastewater discharge permits and for appeals of permit decisions
involving wastewater discharges.
The changes also removed the selection of the Arkansas Department of Environmental Quality
Director from the Commission's authority and placed the selection process directly with the Governor, subject to
Senate confirmation.
Act 1230 of 1991 -- Clarified the powers and duties of the Commission and the ADEQ Director.
|
