No Discharge Permits Section

Water Division

Mo Shafii, Assistant Chief - (501) 682-0616

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Animal Waste Permits

Arkansas Pollution Control and Ecology Commission Regulation 5 requires all confined animal operations, regardless of size, that utilize a liquid waste management system in Arkansas to obtain a permit from the Department. Confined animal operations that utilize a dry waste management system are not required to obtain a permit from the Department but are subject to enforcement actions for improper waste handling, storage or disposal.

The Department issues two types of permits for confined animal operations.

  • A State General Permit is available for facilities that do not satisfy the criteria for CAFO classification but still wish to be covered by a general permit. The State General Permit contains conditions and requirements similar to those contained in the NPDES General Permit but is issued under State authority.
  • An Individual State Permit is issued for facilities that do not satisfy the criteria for CAFO classification and do not wish to be covered by the State General Permit. An Individual State Permit will contain conditions and requirements specific to each facility. However, in most cases, an Individual State permit will have conditions and requirements very similar to a State General Permit.

Any facility requesting a new permit must submit to the Department a waste management plan developed by one of the following:

A permit modification is required for any change in the waste handling system. Major modifications are required for the addition of any new waste application site(s), a ten percent or greater increase in the volume of animal waste generated or the construction of any new component(s) in the waste handling system. Public notices, a permit modification application and an updated waste management plan are required for major modifications. Other changes, such as a change in waste application rate, are considered minor modifications and only require an updated waste management plan.

Should a permitted facility cease operation, the permittee must submit a closure plan for the liquid waste system/treatment structure to the Department for approval within sixty (60) days of the final day of operation. The closure plan must be prepared by one of the following:

Once the facility has been properly closed in accordance with the approved closure plan, the permittee may request the permit be voided. Permit fees will continue to be billed until the permit has been voided.

For more information, please contact:

Animal Waste Permit Forms

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Permits for Land Application of Beneficial Wastes

Under the authority of the Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended), the No Discharge Permits Section also issues permits for land application of beneficial industrial process wastes. To be considered "beneficial", land application of the waste must provide some sort of agronomic improvement to the application site, such as crop nutrients, soil conditioning, crop irrigation, etc. The most common types of beneficial wastes include grease trap wastes, wastewater treatment biosolids, water treatment residuals, wastewater treatment effluent and some food processing wastes.

Land application of wastewater treatment biosolids is subject to the requirements contained in 40 CFR Part 503, however, the ADEQ has the authority to establish more stringent policies. In some cases, land application of biosolids or wastewater treatment effluent may require an NPDES permit instead of, or in addition to, a State Water permit. Guidelines for land application of biosolids and domestic wastewater are available from the ADEQ.

A Waste Management Plan approved by an Arkansas registered Professional Engineer must accompany all applications for waste storage / land application permits. The Waste Management Plan must contain waste analyses and documentation of the potential agronomic benefit for any waste to be land applied. Additional requirements are listed in the permit application.

For more information, please contact:

Land Application Permit Forms

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Construction, Operation, and Closure of Pits – 00000-WG-P

This General Permit covers operators of pits associated with oil and gas exploration located within the State of Arkansas. Please read the permit prior to apply for a tracking permit number. The following items are necessary to obtain coverage under the general permit:

For more information, please contact:

Current reserve pit requirements applicable until July 31, 2008 (PDF)

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Permits for Land Application of Drilling Fluids (Commercial Land Farms)

Under the authority of the the Arkansas Water and Air Pollution Control Act (Act 472 of 1949, as amended, A. C. A. §8-4-101, et seg.), the No Discharge Permits Section issues permits for land application of drilling fluids produced during the exploration and production of oil and natural gas. Only water based drilling mud is currently approved. A Waste Management Plan approved by an Arkansas registered Professional Engineer must accompany all applications for land application permits. The Waste Management Plan must contain waste analyses and the plan for management of the drilling mud. Additional technical requirements are described in the permit application.

For more information, please contact:

Drilling Fluid Permit Forms

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Land Application of Water-Based Drilling Fluids – 00000-WG-LA

Response To Comments

This General Permit covers the land application of water-based drilling fluids from one oil or gas well pit at one site located within the State of Arkansas.

Eligibility and Authorization:

  • Only water-based drilling fluids generated or utilized during oil and gas drilling operations are eligible for land application.
  • Frac water, flow-back water, completion fluids, oil-based drilling fluids and fluids classified or listed as hazardous waste under State or Federal regulations are not eligible for land application.
  • The complete NOI and all accompanying documentation shall be submitted to the Department at least twenty-one (21) business days prior to coverage under this permit. If the operator receives no notification for deficiencies or coverage within twenty-one (21) business days from ADEQ’s receipt of the NOI, the operator is deemed to be covered by this general permit and must comply with the terms and conditions therein.

The following items are necessary to obtain coverage under the general permit:

For more information, please contact:

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Subsurface Wastewater Disposal Permits

The No Discharge Permits Section, in cooperation with the Arkansas Department of Health, issues permits to facilities that utilize subsurface wastewater disposal such as septic tanks and leach fields. Regulatory jurisdiction of a subsurface wastewater disposal system depends on the type and volume of waste.

  • Subsurface disposal of domestic wastewater ONLY with a flow rate less than 5000 gallons per day requires approval from the Arkansas Department of Health (no permit required from the ADEQ).
  • Subsurface disposal of domestic wastewater ONLY with a flow rate greater than 5000 gallons per day requires a permit from the ADEQ and approval from the Arkansas Department of Health.
  • Subsurface disposal of non-domestic wastewater ONLY (regardless of flow rate) requires a permit from the ADEQ. Non-domestic wastewater is any wastewater that is commercial, industrial or agricultural in origin, excluding food establishments. The most common types of facilities permitted for subsurface disposal of non-domestic wastewater are car and truck washes, slaughter houses and laundromats.
  • Subsurface disposal of combined domestic AND non-domestic wastewater requires a permit from the ADEQ AND approval from the Arkansas Department of Health.
  • Some types of subsurface disposal activities may also fall under the Underground Injection Control (UIC) Class V well jurisdiction. This does not require any additional permitting requirements at this time. Any additional items that may be required will be included as part of the permitting process. See the Underground Injection Control Program below for more information.

Subsurface Disposal Permit Forms
Monthly Monitoring Report Forms (Excel)

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Saltwater Disposal Permits

Arkansas Pollution Control and Ecology Commission Regulation 1 prohibits the discharge of pollutants from all oil and gas facilities in order to protect the surface water and groundwater of Arkansas. The ADEQ issues permits for the construction and operation of the surface facilities associated with the disposal of salt water generated by petroleum-producing wells. The Arkansas Oil and Gas Commission issues permits for the operation of the disposal well. The ADEQ encourages noncommercial operators to obtain a General Salt Water Disposal Permit, while commercial facilities must obtain an individual permit.

For more information, please contact:

Saltwater Disposal Permit Forms

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Underground Injection Control Program

Underground injection is the technology of placing fluids underground through wells. The U. S. Congress passed the Safe Drinking Water Act (SDWA) in 1974 which required the Environmental Protection Agency (EPA) to establish a system of regulations for injection activities (Part C of the SDWA). The regulations are designed to establish minimum requirements for controlling all injection activities and provide mechanisms for implementation and authorization of enforcement authority and also provide protection for underground sources of drinking water (USDW).

Arkansas was given authority to administer the UIC program as a primacy state in 1982. This primacy state status grants the ADEQ primary enforcement authority to regulate Class I, Class III, Class IV and Class V wells. The Arkansas Oil and Gas Commission (AOGC) regulates the Class II and Class V bromine related spent brine disposal wells.

Class I wells are technologically sophisticated and inject hazardous and non-hazardous wastes below the lowermost underground source of drinking water (USDW). Injection occurs into deep, isolated rock formations that are separated from the lowermost USDW by layers of impermeable clay and rock.

The operator must submit an application to construct and operate a Class I well. If a hazardous well classification is requested, the applicant must also submit a No Migration Petition to the EPA Region 6 Office. Hazardous and Solid Waste Amendments to RCRA made UIC regulations (1988) more stringent for Class I hazardous wells. This resulted in strict no-migration standards and a petition approval process for continued operation of the wells. To receive a no-migration petition the facility must be able to demonstrate that injected waste will not impact the biosphere (ground water or surface water) for 10,000 years.

The permit application must include the following: Geology and Hydrogeology, both regionally and locally; Area of Review; Reservoir Mechanics; Waste stream characteristics; Construction and completion data of proposed well; Proposed operating parameters; Surface facilities; Plugging and abandonment procedures; a copy of financial assurance mechanism; and additional information as required in the permit application form. It must be demonstrated that there will be no impact to surface water and groundwater. The UIC staff review the applications to assure compliance with the Arkansas Pollution Control and Ecology Commission Regulation No. 17 and the federal UIC Regulations (40 CFR Parts 124, 144 and 146).

Class II wells inject fluids associated with oil and natural gas production (primarily salt water), for enhanced recovery of oil or natural gas, and for storage of liquid hydrocarbons. See the Arkansas Oil and Gas Commission for more information.

Class III wells inject heated water or other fluids into underground formations for extraction of minerals from ore bodies that have not been nor cannot be conventionally mined, which includes salts, sulfur and uranium. The injected fluids are then pumped to the surface and the minerals in solution are extracted. Generally, the fluid is treated and re-injected into the same formation. There are no Class III wells in Arkansas.

Class IV wells inject hazardous or radioactive waste into and or above a formation containing an USDW. Class IV wells are banned under authority of Regulation No. 17 and 40 CFR 144.13.

A Class V well is any injection well not included in the Class I, II, III, or IV categories. Some Class V wells are technologically advanced wastewater disposal systems used by industry, but most are "low-tech" wells, such as septic systems and cesspools. Generally, they are shallow and depend upon gravity to drain or "inject" liquid waste into the ground above or into underground sources of drinking water. Their simple construction provides little or no protection against possible ground water contamination, so it is important to control what goes into them. These types include, but is not limited to: air conditioning return flow wells, large capacity cesspools, cooling water return flow wells, drainage wells for storm water runoff, dry wells, recharge wells, salt water intrusion barrier wells, septic system for a multiple dwelling, subsidence control wells, geothermal wells, solution mining wells, spent brine return flow wells, in situ recovery, motor vehicle waste disposal and wells used in experimental technology.

Large capacity cesspools are banned in Arkansas under authority of the Arkansas Department of Health and Human Services. Spent brine return flow wells are regulated by the Arkansas Oil and Gas Commission.

Class V wells are authorized by rule and must follow the requirements stated in 40 CFR Parts 144.82 and 144.84. Some wells may be required to obtain a permit.

For more information, please contact:

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