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2017 Arkansas Code
Title 8 - Environmental Law
Chapter 7 - Hazardous Substances
Subchapter 3 - Resource Reclamation Act
§ 8-7-307. Unlawful actions -- Acts or omissions of third parties
Universal Citation: AR Code § 8-7-307 (2017)
- (a) It is unlawful for a person to:
- (1) Violate a provision of this subchapter or of any rule, regulation, permit, or order issued under this subchapter;
- (2) Transport hazardous wastes into or out of the state, except as provided by regulations established by the Arkansas Department of Environmental Quality pursuant to the provisions of this subchapter; or
- (3) Dispose of hazardous wastes in the state except as provided by regulations established by the department pursuant to this subchapter.
- (b) (1) (A) A person who violates this section upon conviction is guilty of an unclassified misdemeanor and shall be sentenced to not more than one (1) year in the county jail or a fine of not more than ten thousand dollars ($10,000), or both.
- (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
- (2)
- (A) A person who violates this section or the regulations issued under this subchapter, or who violates any condition of a permit issued under this subchapter, may be assessed a civil penalty by the Arkansas Pollution Control and Ecology Commission under administrative procedures and civil penalty regulations of the commission.
- (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.
- (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.
- (D) However, a civil penalty assessment shall not be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation under §§ 8-4-218, 8-4-219, and 8-4-221.
- (2)
- (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
- (c) A person is not liable for violating a provision of this subchapter or of any rule, regulation, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.
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