Arkansas Legal Resource Navigator

20-27-1002. Penalties.

Arkansas Code — all titles (historical 2020) · legal_authorities

20-27-1002. Penalties.

20-27-1002. Penalties. (a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103. (b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-1002

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

Issuing source page ↗

Authority boundary: historical statutory source snapshot not current law.

Open the recorded source website ↗

Record provenance

Stable record: arkansas_code:legal_authorities:20-27-1002
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2fb236bcfce92770809d8dbbe0fd46fa64e192dac9b3e00cef105c7477a21ee1

Source location: content.xml paragraph 22823

Stored source content

20-27-1002. Penalties. (a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103. (b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-103. Criminal, civil, and administrative penalties.

8-4-103. Criminal, civil, and administrative penalties. (a)Criminal Penalties. (1)(A) Any person that violates any provision of this chapter, that commits any unlawful act under it, or that violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B)(i) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to: (a) Imprisonment for not more than one (1) year; (b) A fine of not more than twenty-five thousand dollars ($25,000); or (c) Both such fine and imprisonment. (ii) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2)(A) It shall be unlawful for a person to: (i) Violate any provision of this chapter, commit any unlawful act under it, or violate any rule or order of the commission or the Division of Environmental Quality and leave the state or remove his or her person from the jurisdiction of this state; (ii) Purposely, knowingly, or recklessly cause pollution of the waters or air of the state in a manner not otherwise permitted by law and thereby create a substantial likelihood of adversely affecting human health, animal or plant life, or property; or (iii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this chapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this chapter. (B)(i) A person that violates subdivision (a)(2)(A) of this section shall be guilty of a felony. (ii)(a) Notwithstanding any other provisions of Arkansas law, upon conviction tha

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-103

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-4-103. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-509. Hazardous Substance Remedial Action Trust Fund.

8-7-509. Hazardous Substance Remedial Action Trust Fund. (a) The Hazardous Substance Remedial Action Trust Fund is created. (b) The Hazardous Substance Remedial Action Trust Fund will be administered by the Director of the Division of Environmental Quality, who shall authorize expenditures from the Hazardous Substance Remedial Action Trust Fund. (c)(1) The Hazardous Substance Remedial Action Trust Fund shall consist of all moneys received as penalties under §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, 8-4-301 — 8-4-313, 8-6-201 — 8-6-214, 8-7-201 — 8-7-226, 8-7-504, and § 20-27-1001 et seq. (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund: (A) Any moneys received by the state as a gift or donation to the fund; (B) All interest earned upon moneys deposited into the fund; (C) All fees assessed under § 8-7-518; (D) All punitive damages collected pursuant to § 8-7-517; and (E) Any other moneys legally designated for the fund. (3) In addition, there is authorized to be deposited into the fund all moneys recovered pursuant to § 8-7-514 and all moneys received as penalties pursuant to § 8-7-504. (d)(1) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 1991, shall be deposited into the Environmental Education Fund. Total deposit of funds shall not exceed two hundred seventy-five thousand dollars ($275,000) per fiscal year. (2)(A) Ten percent (10%) of the moneys collected for the Hazardous Substance Remedial Action Trust Fund after July 1, 2017, may be used for conducting site assessments of potentially contaminated sites when a letter of intent has been signed and available federal funds are exhausted in accordance with § 8-7-110

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-509

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-7-509. This identifies an authority to review, not proof of applicability.