The Governing Framework

Arkansas regulates onsite wastewater under:

• Arkansas State Board of Health Rules Pertaining to Onsite Wastewater Systems — the substantive rule governing all onsite wastewater treatment facilities (OSTF) in Arkansas.
• Arkansas Administrative Code Agency 007 (Arkansas Department of Health) Division 04 (Environmental Health Services).
• 007.04.93-005 — Alternative Systems Manual.
• Act 402 of 1977 — the enabling statute requiring licensed installer certification for anyone installing septic systems.
• Arkansas Department of Health (ADH) — Onsite Wastewater Program within the Public Health and Safety division.

ADH Jurisdictional Thresholds

For residential and small-commercial installations, ADH is the permitting authority. Larger commercial, subdivision, or industrial systems often shift jurisdiction to the Arkansas Department of Energy and Environment (E&E, formerly ADEQ).

The Two-Permit Model — Construction + Operation

Arkansas is one of the states that explicitly requires two separate permits for new septic installations:

1. Construction Permit — authorizes tank and dispersal system installation on the approved plan.
2. Operation Permit — issued after successful final inspection, authorizes the system for use.

Systems cannot be legally operated without both permits. The two-permit model ensures final inspection occurs before any flow enters the system.

The 200-Foot Homeowner Exemption

Arkansas has a distinctive homeowner exemption: if all parts of the sewage system are more than 200 feet from any property line (including roads), homeowner-installed work on a single residence is exempt from certain installer-licensing requirements.

Outside the 200-foot exemption, Arkansas requires a licensed installer certified under Act 402 of 1977. The installer passes an examination administered by ADH.

System Design Standards

Standard onsite wastewater system components in Arkansas:

• Septic tank sized per the residential capacity schedule
• Absorption trenches: individual trenches should not exceed 60 feet in length; maximum length under some configurations is 100 feet
• Trench dispersal in perforated pipe surrounded by gravel (or ADH-approved gravelless product)
• Alternative systems (mounds, drip, ATUs) per Alternative Systems Manual 007.04.93-005

Permit Process

1. Contact ADH Onsite Wastewater Program or your county. ADH operates through local county health units.
2. Site evaluation. Certified soil classifier or ADH environmental health specialist.
3. Construction permit application. Submitted to ADH with design documentation.
4. Construction permit issuance. Timeline varies; fees typical range $200–$500.
5. Act 402 licensed installer construction (unless 200-foot homeowner exemption applies).
6. Final inspection. ADH inspects before backfill.
7. Operation permit issuance. Authorizes system for use. Operation permit is kept with property records.

Regional Considerations

• Ozarks (Washington, Benton, Madison): Shallow soil over karst limestone. Sinkhole-zone engineering review. Alternative systems (mounds, ATUs) very common. The Northwest Arkansas growth corridor has intensive permitting activity.
• Ouachitas (Garland, Polk, Montgomery): Rocky terrain, shallow soil over sandstone/shale. Alternative systems common. Some parcels require rock excavation.
• Delta (Arkansas, Phillips, Lee): Mississippi alluvial floodplain. Clay soils, high water table, flood-zone considerations. Mounds and pressure dosing typical.
• Central Arkansas (Pulaski, Saline, Faulkner): Mixed urban/suburban/rural. Little Rock metro is largely on municipal sewer; perimeter parcels use septic.
• Hot Springs region: Unique geothermal considerations near Hot Springs National Park. Permit review coordinates with Park Service on nearby parcels.
• Timber counties (Union, Ouachita, Ashley): Rural residential and timber-industry support. 200-foot homeowner exemption applies to many large parcels.

Material Approvals

ADH accepts polyethylene tanks meeting state rule construction standards. Verify at order:

• IAPMO PS 1 or NSF 46 listing
• Ribbed polyethylene construction
• Effluent filter compatibility
• Two-compartment construction typical
• Alternative system configurations per 007.04.93-005 Alternative Systems Manual when applicable

Frequently Asked Questions

What's the 200-foot homeowner exemption?

If every part of your proposed sewage system (tank, pipes, dispersal field) is more than 200 feet from any property line (including road right-of-way), a homeowner installing their own system on their own single-residence property is exempt from certain installer-licensing requirements. Arkansas is one of few states with this provision. It reflects the state's rural character.

What happens if I miss the operation permit?

Legally, you cannot operate the system without it. In practice, ADH issues the operation permit immediately after successful final inspection. Missing the operation permit usually means the installation didn't pass inspection — the construction permit is not enough to start using the system.

Act 402 of 1977 — is my installer actually licensed?

Yes, licensed installers pass a state examination administered by ADH. Verify your installer's current license status before signing a contract. Unlicensed installation invalidates permits and creates real-estate-transfer liability.

Can I exceed ADH's 5,000 gpd threshold?

Yes, but you shift to Arkansas Department of Energy and Environment (E&E, formerly ADEQ) jurisdiction. Larger systems go through NPDES-style review if surface discharge is contemplated, or different subsurface-system review for larger subsurface designs.

Are polyethylene tanks accepted in Arkansas?

Yes. Major OEM rotomolded polyethylene tanks meeting IAPMO/NSF listings and state construction standards are accepted. Norwesco, Snyder, and Chem-Tainer all have Arkansas-compliant configurations.

Source Citations

• ADH Onsite Wastewater Program
• Arkansas State Board of Health Rules Pertaining to Onsite Wastewater Systems (PDF)
• Arkansas Rules and Regulations for Onsite Wastewater Systems 2014 Revision (PDF)
• ADH Installer Basics — Rules Training (PDF)
• AAC Agency 007 Division 04 Rule 007.04.93-005 Alternative Systems Manual
• 007.04.93 Ark Code R § 005 on Cornell LII

Agricultural Tank Regulations — Arkansas Department of Agriculture (State Plant Board)

The Arkansas Department of Agriculture, through the State Plant Board, regulates pesticide and fertilizer storage under two parallel statutes and their implementing rules:

• Arkansas Pesticide Control Act — A.C.A. section 2-16-401 et seq. The State Plant Board is authorized (under 2-16-406) to make regulations providing for the safe handling, transportation, storage, display, distribution, and disposal of pesticides and their containers.
• Arkansas Pesticide Use and Application Act — A.C.A. section 20-20-201 et seq. Under 20-20-206, the State Plant Board has broad rulemaking authority for pesticide use.
• Agency 209.02 Division 02 — Arkansas State Plant Board rules, including 209.02 Regulation No. 7 (Arkansas Pesticide Control Act Regulations), the Pesticide Enforcement Response Regulation, and Circular 11 covering the Pesticide Container and Containment Rule.
• Bulk sale: Under the rule, certain economic poisons may be sold by manufacturers or dealers in bulk with the label information required by the subchapter attached to the invoice.

Arkansas agriculture is dominated by rice, cotton, soybeans, corn, and broiler poultry, with concentrated row-crop production across the Mississippi River Delta and Grand Prairie. Bulk liquid fertilizer (UAN, ammonium thiosulfate), bulk pesticide (glyphosate, herbicides), and anhydrous ammonia are all handled at scale. The Plant Board's containment rules follow the federal 40 CFR 165 Subpart E framework for pesticide repackaging; industry best practice is 110% secondary containment of the largest tank with an impervious pad.

Oil & Gas Produced Water — Arkansas Oil and Gas Commission

The Arkansas Oil and Gas Commission (AOGC) regulates exploration, production, transportation, and storage under Agency 178 of the Arkansas Administrative Code:

• General Rules and Regulations (AOGC Rule Book) — Covers well permits, casing, cementing, tank batteries, pit construction, and saltwater disposal.
• Rule B-17 (historically) and successors — Produced water disposal standards.
• Class II UIC — Disposal into permitted Class II injection wells. Arkansas has primacy under the Safe Drinking Water Act for Class II.
• Fayetteville Shale and Arkoma Basin — Principal production areas, with dry-gas play producing flowback and formation brine requiring containment.

Operators running frac tanks, brine tanks, and tank batteries must comply with AOGC containment, reporting, and disposal authorization requirements. Polyethylene specification should account for specific gravity and chemistry of produced water, which ranges from 10,000 to 200,000 ppm TDS depending on formation and well age. For current AOGC rule-book citations and fees, consult the Commission directly.

Septic System Sizing Deep Dive

The Arkansas Department of Health regulates onsite wastewater systems under the Rules and Regulations Pertaining to Onsite Wastewater Disposal Systems. Typical capacity table applied on the ground:

Licensed designated representatives (DRs) perform soil evaluations; county health units issue permits. Delta counties (Arkansas, Chicot, Desha, Phillips) with heavy clay often require pressure distribution or drip systems. Ozark upland counties with thin soils over limestone frequently need shallow or enhanced treatment systems. Confirm current setbacks and Table 2 values with your county health unit before finalizing a site plan.

Chemical Storage Secondary Containment & Spill Reporting

Federal SPCC (40 CFR 112) applies at 1,320 gallons aggregate aboveground oil. Arkansas layers on:

• Arkansas Pollution Control and Ecology Commission Regulation No. 12 — Storage Tanks.
• Arkansas Division of Environmental Quality (DEQ) UST Program — Registration, technical standards, and release reporting.
• A.C.A. section 8-7-801 et seq. — Hazardous Waste Management Act spill reporting.
• DEQ 24-hour emergency line for spill notification.

Secondary containment for polyethylene chemical tanks should hold at least 110% of the largest tank capacity. Above 1,320 gallons aggregate oil, maintain a written SPCC plan with documented integrity inspections. Consult DEQ directly for current fee schedules and any Arkansas-specific RQ thresholds.

Permit Pathways at a Glance

• Residential septic: County health unit under ADH Onsite Wastewater rules.
• Commercial pesticide dealer and applicator: State Plant Board licensing under A.C.A. 2-16-401 and 20-20-201.
• Fertilizer distributor: State Plant Board registration.
• Oil & gas produced water: AOGC authorization; Class II UIC for disposal.
• Petroleum UST: DEQ registration under Regulation No. 12.
• SPCC > 1,320 gal oil aggregate: Federal SPCC plan; DEQ spill reporting.

More Arkansas FAQs

My rice operation has a 4,000-gallon UAN tank. Do I need State Plant Board containment?

The Plant Board licenses dealers and applicators and registers products. On-farm use of UAN for the operator's own crop is typically not subject to the same containment rules as commercial retail sites. Above 1,320 gallons aggregate, check whether your product is classified as oil under 40 CFR 112 (most plant-nutrient solutions aren't). Build 110% containment regardless as good practice.

Does the Fayetteville Shale slowdown affect my existing brine tank permit?

Existing AOGC authorizations remain in effect subject to their terms. Operators should maintain annual reporting, inspect tanks per their plan, and coordinate with the AOGC on any well status changes (shut-in, plugging, transfer).

What are the rules for broiler litter storage structures?

Broiler litter is regulated by the Natural Resources Division (poultry litter management plans under Act 1059 of 2003 for nutrient-surplus watersheds). Storage structures must meet roof and containment standards specified by the Division. See Arkansas Department of Agriculture Natural Resources Division guidance.

My Delta farm holds 6,000 gallons of Roundup. Is that regulated storage?

Glyphosate is a registered pesticide, not a federal RQ hazardous substance. Above 1,320 gallons aggregate "oil" SPCC applies only if the product meets the oil definition (glyphosate formulations typically don't). State Plant Board rules apply to commercial storage — for on-farm use of purchased product, industry best practice is 110% containment and proper labeling.

Is there a state-funded cleanup program?

The Petroleum Storage Tank Trust Fund covers eligible petroleum UST releases. Non-petroleum chemical tanks are owner liability.

Are there special septic rules for duck camps and hunting lodges?

Seasonal-occupancy systems are sized on peak daily flow and designed on a case-by-case basis. County health units typically require engineered designs for non-residential hunting and fishing camps.