Ark. Code Ann. § 8-7-307: Unlawful actions - Acts or omissions of third parties

(a) It is unlawful for a person to: (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter; (2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or (3) Dispose of hazardous waste in the state except as provided by rules established by the division 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 rules 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 rules 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, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party. Amended by Act 2019, No. 315,§ 625, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 624, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 623, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2747, eff. 7/1/2019. Amended by Act 2015, No. 1264,§ 8, eff. 7/22/2015. Acts 1979, No. 1098, § 6; 1985, No. 922, § 4; A.S.A. 1947, § 82-4222; Acts 1989, No. 260, § 6.

(a) It is unlawful for a person to: (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter; (2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or (3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.

(1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;

(2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or

(3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.

n of this subchapter or of any rule, permit, or order issued under this subchapter;

(2) Transport hazardous waste into or out of the state, except as provided by rule established by the Division of Environmental Quality pursuant to the provisions of this subchapter; or

(3) Dispose of hazardous waste in the state except as provided by rules established by the division 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 rules 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 rules 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 .

(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.

(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 rules 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 rules 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 .

(A) A person who violates this section or the rules 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 rules 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 .

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, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.