(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.
(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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.