8-6-206. Proceedings in circuit court.

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) days from the date the temporary order is served on the defendant: (i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation; (ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and (iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed. (C) The plaintiff shall have the temporary order served on the defendant and file proof of service with the circuit court. (D)(i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served. (ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order. (iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent. (E) The circuit court may grant a continuance for the hearing. (F) The parties at the hearing may be represented by counsel. (4) If subdivision (b)(3)(A) of this section does not apply and notice is required, then the plaintiff shall comply with the applicable notice provisions in the Arkansas Rules of Civil Procedure before issuance of a temporary order. (5)(A) If the temporary order is made permanent by the circuit court after a hearing on the merits or because the defendant failed to timely file a motion requesting a hearing on the served temporary order, the defendant shall within ten (10) days after its filing: (i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and (ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality. (B)(i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court. (ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable. (iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant. (c) A judgment entered under this section may be enforced in the same manner as any other judgment. (d) A judgment entered under this section is a final decision for purposes of appellate review. (e) In addition to any judgment ordered under this section, a party against whom a judgment has been entered under this section is subject to any other applicable criminal, civil, or administrative penalties under law or rule, or both. (f) The limitations and exemptions under §§ 8-6-2018 and 8-6-2019 apply to subsection (b) of this section.