ADEQ: Who We Are and What We Do

Teresa Marks, Director - (501) 682-0959

View/Download a PDF Version of this Who We Are and What We Do report


The Department of Environmental Quality strives to protect and enhance the state's environment through regulatory programs, proactive programs and educational activities. While this overview focuses primarily on the Department's regulatory activities, almost every area of the agency also devotes time and personnel to outreach and education efforts.

Organization

ADEQ is organized into six regulatory divisions that focus on specific elements of the environment:

Four environmental assistance divisions offer direct support to citizens, communities, regulated businesses and other divisions:

And three internal divisions support the day-to-day operations of the agency:

  • Computer Services
  • Fiscal
  • Management Services
Environmental Laws
Federal
Federal environmental laws passed by the U.S. Congress set environmental policy and standards for the nation. All states are subject to Federal environmental laws.
State
Arkansas-specific environmental policy and standards are made law by the Arkansas General Assembly. Most Arkansas environmental laws are found in Arkansas Code Annotated (A.C.A.) Title Eight.
Environmental Regulations
Government environmental protection agencies, like the U.S. Environmental Protection Agency (EPA) and the Arkansas Department of Environmental Quality (ADEQ), are responsible for developing specific rules, called regulations, to meet the intent of environmental laws passed by legislators.

Arkansas has several broad regulations that dictate how environmental protection is managed:

  • Reg. 7 (PDF) - Civil Penalties.
  • Reg. 8 (PDF) - Administrative Procedures.
  • Reg. 9 (PDF) - Fee System for Permits.

Department Activities

While each division and program carries out its mission in different ways, ADEQ's regulatory areas perform the common functions of:

  1. Administering environmental protection programs as detailed in program regulations
  2. Issuing permits to facilities
  3. Issuing licenses or certifications to workers in environmental protection fields
  4. Conducting inspections
  5. Taking enforcement actions against violators

The Department's 30 regulations detail how ADEQ carries out state and federal environmental laws. Regulations are imposed by issuing permits that limit a facility's pollution of the environment. Individual permits are unique to each facility, based on the facility's operation and specific pollutants. General permits are "one size fits all" permits that apply to facilities which have similar operations and environmental requirements

Compliance with permits is measured through inspections conducted by ADEQ inspectors who observe a facility's operations and review its records. Inspections may be scheduled inspections which are mandated at regular intervals or complaint inspections which are prompted by a report of a potential problem. All inspections are unannounced, even those performed at scheduled intervals.

Many facilities that are not in compliance with permit conditions are notified through an informal enforcement action, usually in a letter detailing deficiencies and proposing a timeline for resolving those deficiencies. The Department takes formal enforcement actions against violators that cause potential harm to health or the environment. Such actions usually result in a legal agreement between the facility and the Department detailing a compliance and/or remediation schedule. The Department takes civil or even criminal action in severe pollution cases.

Federal Delegation/Authorization

The National Pollutant Discharge Elimination System (NPDES) wastewater program, the Title V air program, and the Hazardous Waste Resource Conservation and Recovery Act (RCRA) program are all examples of regulatory programs delegated or authorized to ADEQ from the federal government.

When the U.S. Environmental Protection Agency determines that the state program meets federal requirements, EPA delegates authority and provides funding to administer the federally equivalent program. Under this arrangement, the state applies the national standards and regulations by issuing and enforcing its own rules and permits. The programs are regularly reviewed for re-delegation or re-authorization. 

Pollution Control and Ecology Commission

The Pollution Control and Ecology Commission was established in 1949. The Commission is the environmental policy-making body for Arkansas. With guidance from the Governor, the legislature, the EPA and others, the Commission sets the environmental policy for the state and the ADEQ implements those policies.

The Commission consists of seven members of the public who are appointed by the Governor, and six representatives from Arkansas state agencies:

  • Department of Health
  • Forestry Commission
  • Game and Fish Commission
  • Geology Commission
  • Oil and Gas Commission
  • Natural Resources Commission

Division/Program Summaries

Division and program summaries offer a brief overview of environmental responsibilities, the permitting programs, and indications of compliance and enforcement activities within the last fiscal year. This overview simply serves as an indicator of what we at ADEQ consider "all in a day's work."
 

Vital Statistics for Fiscal Year 2010
403 staff members
   31% Support staff 8% Legal/Enforcement
  21% Inspectors 5% Ecologists/Biologists
  9% Managers 3% Chemists
  14% Engineers 3% Computer Technology
  5% Geologists 1% Other/No Category
81% have an associate's degree or higher.
Average length of state service is 12.6 years.
ADEQ operating expenditures FY 2010 - $109,010,795.
Funding Sources
   9% state 22% federal
  1% other 8% special / fees