007.04.19 Ark. Code R. 004
AUTHORITY
The following Rules Pertaining to Septic Tank Cleaning Operations Within the State of Arkansas are duly adopted and promulgated by the Arkansas State Board of Health pursuant to the laws of the State of Arkansas including, Act 71 of 1973 as amended (Ark. Code Ann. §17- 45-101-105) and Act 96 of 1913 (Ark. Code Ann. § 20-7-101, et seq.).
For the purpose of these Rules, the following terms are defined:
No person, firm, corporation, partnership or association shall be engaged in the business of septic tank cleaning or the transportation of septage or sewage for compensation, unless they are in compliance with these rules.
Options for the land application of septage include:
Septage shall not be applied in excess of the below described annual application rates for nitrogen and phosphorus.
AAR = Annual application rate in gallons per acre per 365-day period
N = Amount of nitrogen in pounds per acre per 365-day period needed by the crop or vegetation grown
The septage being land applied shall be screened and shall contain no paper, plastic, or other solid material measuring more than one-half inch in any dimension. Grease and/or the contents of grease traps shall not be disposed of at any land application site approved under these rules.
Sites demonstrating a slope of 15% or greater are not suitable for land application. Land application shall be avoided when the soil is saturated, frozen, covered with snow, during rainy weather or when precipitation is in the immediate forecast. Licensees utilizing land application sites for the disposal of septage shall have available a storage tank sufficient to store the septage collected during periods when climatic conditions preclude land application. These tanks shall be provided with a spill containment berm.
Food crops with harvested parts above the ground surface shall not be harvested for fourteen (14) months after the last application of septage. Food crops with harvested parts that are at or below the ground surface shall not be harvested for thirty-eight (38) months after the last application of septage. At approved application sites, human contact shall be restricted for 30 days after application, and no grazing or harvesting of hay, silage or grain shall commence for 60 days.
For each land application site, the licensee shall maintain a permanent, bound site application record indicating each application of septage, the volume of septage applied, the date it was applied, the crop to which it was applied, a description of the vector and pathogen reduction method used, the method of land application used, and the name of the person applying the septage. These records shall be kept for a minimum of five years and shall be made available to both state and federal regulators on request.
No person, firm, corporation, partnership or association shall engage in the business of septic tank cleaning or the transportation of septage, sewage or sludge for compensation without a valid license as provided herein. Proceedings regarding a license shall be conducted pursuant to the Department's rules of administrative procedure. No part of this rule authorizes a licensee or any of his assigns to construct, repair, or modify an individual sewage system without that person first obtaining a valid Septic Tank Installers License and a valid Individual Sewage Disposal Permit from the Department.
The applicant shall hold a substantially similar license in another United States jurisdiction.
A license from another state is substantially similar to an Arkansas license if the other state's licensure qualifications require:
The applicant shall hold his or her occupational licensure in good standing;
The applicant shall not have had a license revoked for:
An act of bad faith; or
A violation of law, rule, or ethics; and
The applicant shall not hold a suspended or probationary license in a United States jurisdiction;
Required documentation. An applicant shall submit a fully-executed application, the required fee, and the documentation described below.
As evidence that the applicant's license from another jurisdiction is substantially similar to Arkansas, the applicant shall submit the following information:
Evidence of current and active licensure in that state. The Department may verify this information online if the jurisdiction at issue provides primary source verification on its website or by telephone to the other's state's licensing board;
and
Evidence that the other state's licensure requirements match those listed in Section VII A. The Department may verify this information online or by telephone to the other's state's licensing group.
To demonstrate that the applicant meets the requirements in Section VII A the applicant shall provide the Department with:
The names of all states in which the applicant is currently licensed or has been previously licensed; and
Letters of good standing or other information from each state in which the applicant is currently or has ever been licensed showing that the applicant has not had his license revoked for the reasons listed in Section VII A and does not hold a license on suspended or probationary status as described in Section VII A. The Department may verify this information online if the jurisdiction at issue provides primary source verification on its website or by telephone to the other's state's licensing department.
As evidence that the applicant is sufficiently competent in the field of design; or installation; or monitoring of onsite wastewater systems. An applicant shall pass the Designated Representative test, or Installer test, or the Certified Monitoring Test conducted by the Department.
The Department shall issue a temporary and provisional license immediately upon receipt of the application, the required fee, and the documentation required under this Section.
The temporary and provisional license shall be effective for least 90 days or until the Department makes a decision on the application, unless the Department determines that the applicant does not meet the requirements in Reciprocity sections in Section V TT in which case the provisional and temporary license shall be immediately revoked.
An applicant may provide the rest of the documentation required above in order to receive a license, or the applicant may only provide the information necessary for the issuance of a temporary and provisional license.
License for person from state that does not license profession. Act 1011, A.C.A § 17-1-108(d)(2)
Required documentation. An applicant shall submit a fully-executed application, the required fee, and the documentation described below.
Passing the required test for Septic Tank Cleaner.
Reciprocity and state-specific education. Act 1011, A.C.A § 17-l-08(d)(3)
The Department shall require an applicant to take the test if the applicant is licensed in another state that does not offer reciprocity to Arkansas residents that is similar to reciprocity provided to out-of-state applicants in A.C.A. § 17-1-108.
Reciprocity in another state will be considered similar to reciprocity under A.C.A. § 17-1-108 if the reciprocity provisions in the other state:
Provide the least restrictive path to licensure for Arkansas applicants;
Do not require Arkansas applicants to participate in the apprenticeship, education, or training required as a prerequisite to licensure of a new professional in that state, except that the state may require Arkansas applicants to participate in continuing education or training that is required for all professionals in that state to maintain the licensure.
Do not require Arkansas applicants to take a state-specific education unless required to do so under the same conditions described in A.C.A. § 17-1-108.
Automatic licensure for active duty service members, returning military veterans, and spouse. A.C.A. § 17-1-106
As used in this subsection "automatic licensure" means granting the occupational licensure without an individual's having met occupational licensure requirements provided under this title or by the rules of the occupational licensing entity.
As used in this subsection, "returning military veteran" means a former member of the United States Armed Forces who was discharged from active duty under circumstances other than dishonorable.
The Department shall grant automatic licensure to an individual who holds a substantially equivalent license in another U.S. jurisdiction and is:
An active duty military service member stationed in the State of Arkansas;
A returning military veteran applying for licensure within one (1) year of his or discharge from active duty; or
The spouse of a person above
The Department shall grant such automatic licensure upon receipt of all of the below:
Payment of the initial licensure fee;
Evidence that the individual holds a substantially equivalent license in another state; and
Evidence that the applicant is a qualified applicant under above.
An individual is not eligible to receive or hold a license issued by the Department if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Ark. Code Ann. § 17-3-102 et. seq. by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013 § 16-90-1401 et. seq. or otherwise sealed pardoned or expunged under prior law.
The Department may grant a waiver as authorized by Ark. Code Ann. § 17-3-102 in certain circumstances.
The Department is not authorized to conduct criminal background checks, but may inquire about criminal convictions upon application or renewal of a license. Any applicant or licensee which provides false information to the Board regarding a criminal conviction may be subject to suspension, revocation or denial of a license.
Pursuant to Act 990 of 2019, an individual may petition for a pre-licensure determination of whether the individual's criminal record will disqualify the individual from licensure and whether a waiver may be obtained.
The individual must obtain the pre-licensure criminal background check petition form from the Department.
The Department will respond with a decision in writing to a completed petition within a reasonable time.
The Department response will state the reason(s) for the decision.
All decisions of the Department in response to the petition will be determined by the information provided by the individual.
Any decision made by the Department in response to a pre-licensure criminal background check petition is not subject to appeal.
The Department will retain a copy of the petition and response and it will be reviewed during the formal application process.
An individual is not eligible to receive or hold a license issued by the Department if that individual has pleaded guilty or nolo contendere to or been found guilty of any of the offenses detailed in Ark. Code Ann. § 17-3-102 et. seq. by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court, unless the conviction was lawfully sealed under the Comprehensive Criminal Record Sealing Act of 2013 § 16-90-1401 et. seq. or otherwise sealed pardoned or expunged under prior law.
The Department may grant a waiver as authorized by Ark. Code Ann. § 17-3-102 in certain circumstances.
The Department is not authorized to conduct criminal background checks, but may inquire about criminal convictions upon application or renewal of a license. Any applicant or licensee which provides false information to the Board regarding a criminal conviction may be subject to suspension, revocation or denial of a license,
Every firm, person, or corporation who violates any of the rules issued or promulgated by the State Board of Health or who violates any condition of a license, permit, certificate, or any other type of registration issued by the board may be assessed a civil penalty by the board. The penalty shall not exceed one thousand dollars ($1,000) for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.
If any provision of these Rules, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these Rules which can give effect without the invalid provisions or applications, and to this end the provisions hereto are declared to be severable.
All Rules and parts of Rules in conflict herewith are hereby repealed.
007.04.19 Ark. Code R. 004