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8-4-310. Unlawful actions.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-310. Unlawful actions.
(a) It is a misdemeanor punishable under § 8-4-103:
(1) To knowingly cause air pollution as defined in § 8-4-303;
(2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or
(3) To violate any rule or order of the commission issued pursuant to this chapter.
(b) The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-310
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.
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Stable record: arkansas_code:legal_authorities:8-4-310
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6150bc1aef1a8e08ba2c46c42cebd1ca5c544da9a38ded7dc1ce4a8ad1100ddd
Source location: content.xml paragraph 2356
Stored source content
8-4-310. Unlawful actions.
(a) It is a misdemeanor punishable under § 8-4-103:
(1) To knowingly cause air pollution as defined in § 8-4-303;
(2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or
(3) To violate any rule or order of the commission issued pursuant to this chapter.
(b) The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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
8-4-303. Definitions.
As used in this subchapter:
(1) “Air-cleaning device” means any method, process, or equipment which removes, reduces, or renders less noxious air contaminants discharged into the atmosphere;
(2) “Air contaminant” means any solid, liquid, gas, or vapor or any combination thereof;
(3) “Air contamination” means the presence in the outdoor atmosphere of one (1) or more air contaminants that contribute to a condition of air pollution;
(4) “Air contamination source” means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who owns or operates the building, premises, or other property in, at, or on which such source is located or the facility, equipment, or other property by which the emission is caused or from which the emission comes;
(5) “Air pollution” means the presence in the outdoor atmosphere of one (1) or more air contaminants in quantities, of characteristics, and of a duration that are materially injurious or can be reasonably expected to become materially injurious to human, plant, or animal life or to property, or that unreasonably interfere with enjoyment of life or use of property throughout the state or throughout the area of the state as shall be affected thereby;
(6) “Area of the state” means any city or county, or portion thereof, or other substantial geographical area of the state as may be designated by the Arkansas Pollution Control and Ecology Commission;
(7) “Commission” means the Arkansas Pollution Control and Ecology Commission;
(8) [Repealed.]
(9) [Repealed.]
(10) “Major source construction” means the construction of a new major stationary source or a major modification of an existing major stationary source as the terms “major stationary source
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-303
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 8-4-303. This identifies an authority to review, not proof of applicability.