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8-7-307. Unlawful actions — Acts or omissions of third parties.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 violati
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-307
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:8-7-307
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c2b2970d06861103ae1a0f6eee69fa465c58f72c954852dc3527eb16b281065e
Source location: content.xml paragraph 7205
Stored source content
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-218. Violations of chapter, orders, rules, etc. — Hearings — Notice.
(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.
(b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.
(c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-218
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 8-4-218. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-219. Violations of chapter, orders, rules, etc. — Hearings — Conduct.
(a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice.
(b) A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place.
(c) A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-219
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 8-4-219. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-221. Violations of chapter, orders, rules, etc. — Hearing — Orders.
On the basis of the evidence produced at the hearing, the Arkansas Pollution Control and Ecology Commission shall enter such order as in its opinion will best further the purposes of this chapter. A copy of the order shall be served upon the alleged violator and on such other persons as shall have appeared at the hearing and made written request for notice of the order, in the manner provided by § 8-4-214. The order of the commission shall become final and binding on all parties unless appealed, as provided in §§ 8-4-222 — 8-4-229, within thirty (30) days after service of the order.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-221
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 8-4-221. This identifies an authority to review, not proof of applicability.