Browse Arkansas Code titles and sections
8-6-2015. Hearing on an environmental citation — Penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-2015. Hearing on an environmental citation — Penalties.
(a)(1)(A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the district court named within the citation at the location and time designated in the citation.
(B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.
(2) If the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the district court shall dismiss the matter from the docket without hearing.
(3) If the environmental officer extends the time period for remediation under § 8-6-2016(c), the district court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.
(b) A district court having jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 and may grant an available remedy referenced in this subchapter unless the remedy is not available to the district court.
(c)(1) A judgment entered under this subchapter:
(A) May be enforced in the same manner as any other judgment; and
(B) Is a final decision for purposes of appellate review.
(2) A person against which the judgment is entered may appeal the decision to circuit court.
(d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2015
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:8-6-2015
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4274f11ee1cc7a47e21eb844d8aa95314aae5b453fa8ed598f83c8e39b31d010
Source location: content.xml paragraph 6542
Stored source content
8-6-2015. Hearing on an environmental citation — Penalties.
(a)(1)(A) Except as provided under subdivision (a)(2) of this section, the alleged violator shall appear before the district court named within the citation at the location and time designated in the citation.
(B) The initial hearing shall occur no later than thirty (30) days after the time period expires for remediation of the alleged environmental violation.
(2) If the alleged environmental violation is remediated by the alleged violator within the time period established under § 8-6-2016 using the procedure under this subchapter, the district court shall dismiss the matter from the docket without hearing.
(3) If the environmental officer extends the time period for remediation under § 8-6-2016(c), the district court shall reschedule the hearing for not more than thirty (30) days after the extension for remediation.
(b) A district court having jurisdiction over a citation issued by an environmental officer may issue penalties under § 8-6-204 and may grant an available remedy referenced in this subchapter unless the remedy is not available to the district court.
(c)(1) A judgment entered under this subchapter:
(A) May be enforced in the same manner as any other judgment; and
(B) Is a final decision for purposes of appellate review.
(2) A person against which the judgment is entered may appeal the decision to circuit court.
(d) A judgment entered under this subchapter does not preclude claims under § 8-6-206 by another person.
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
8-6-2016. Remediation procedures for environmental citations.
(a)(1) The environmental officer shall set the time period an alleged violator has to remove the solid waste or otherwise remediate the environmental violation.
(2) The time period shall not exceed thirty (30) days from the date of the environmental citation.
(b) To determine the time period, the environmental officer shall consider without limitation:
(1) The severity of the environmental violation;
(2) The size of the environmental violation;
(3) The ability of the alleged violator to remove the solid waste and otherwise remediate the environmental violation; and
(4) Any other factor that affects the alleged violator's capability to remove the solid waste and otherwise remediate the environmental violation.
(c)(1) The environmental officer may extend the time period under subsection (a) of this section if the alleged violator has exercised due diligence to remediate the environmental violation but cannot complete the remediation within the time period set due to one (1) or more of the factors under subsection (b) of this section.
(2) If the environmental officer extends the time period under subdivision (c)(1) of this section, the environmental officer shall notify the district court with jurisdiction over the environmental citation hearing under § 8-6-2015 and request rescheduling of the hearing.
(d) If the alleged violator removes the solid waste from the location or otherwise remediates the environmental violation, the alleged violator shall present to the environmental officer a cost statement.
(e)(1) If the alleged violator has removed the solid waste or remediated the environmental violation and presented a cost statement to the environmental officer, the environmental officer sh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-2016
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 8-6-2016. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-204. Criminal, civil, and administrative penalties.
(a)Criminal Penalties.
(1)(A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who 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) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. 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 illegal for a person to:
(i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or division, and leave the state or remove his or her person from the jurisdiction of this state;
(ii) Through the course of activities prohibited by this section, 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, testing method, or record required to be maintained under this chapter.
(B)(i) A person who violates this subdivision (a)(2) shall be guilty of a felony.
(ii) Notwithstanding any other provisions
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-204
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 8-6-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-206. Proceedings in circuit court.
(a) Except as provided under subsection (b) of this section, a person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violation.
(b)(1) A person may file a verified complaint in a circuit court of competent jurisdiction as described in subdivision (b)(2) of this section against a defendant if facts establish that the defendant engaged in an act or omission that results in any one (1) or more of the following in this state:
(A) The illegal dumping of solid waste;
(B) The creation or participation in the creation or furtherance of an illegal dump site;
(C) The disposal of solid waste that results from the property owner's own household activities on his or her land if the disposal:
(i) Creates a public or private nuisance or a hazard to health; or
(ii) Involves the open dumping of garbage; and
(D) Any other environmental violation concerning the illegal dumping of solid waste in violation of this chapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.
(2) The verified complaint shall be filed in the circuit court of the county where the:
(A) Activity described in the verified complaint occurs;
(B) Situation described in the verified complaint exists; or
(C) Defendant resides.
(3)(A) If the plaintiff is seeking a preliminary injunction or temporary restraining order without notice to the defendant, the requirements of Rule 65(b)(1) and (c) of the Arkansas Rules of Civil Procedure shall be met and the procedures in this subdivision (b)(3) apply.
(B) The circuit court shall enter a temporary order that directs the defendant to perform the following within ten (10)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-206
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 8-6-206. This identifies an authority to review, not proof of applicability.