As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality [“DEQ”]) to seek and accept delegation of the Section 404 Clean Water Act program. (See previous post here.)
The bill would add an additional section to Arkansas Code § 8-4-207(1) referencing the state water pollution control agency that would provide the DEQ Director authorization to:
. . . require conditions in permits issued under this chapter regarding the dredge and fill permitting program established in Section 404 of the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. and regulations promulgated under Section 404 of the Clean Water Act . . .
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