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8-9-610. Penalties and enforcement.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-610. Penalties and enforcement.
(a) Any person who violates any provisions of this subchapter or any rule or order issued pursuant to this subchapter shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204.
(b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 — 8-4-106 and 8-4-201 — 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, without limitation, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-610
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:8-9-610
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ef75838d0473d0b928490268e662b6133e11fd54c93b5f5930f2947d694b4561
Source location: content.xml paragraph 10321
Stored source content
8-9-610. Penalties and enforcement.
(a) Any person who violates any provisions of this subchapter or any rule or order issued pursuant to this subchapter shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204.
(b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 — 8-4-106 and 8-4-201 — 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, without limitation, §§ 8-4-205, 8-4-210, 8-4-212 — 8-4-214, and 8-4-218 — 8-4-229.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-101. Title.
This chapter may be cited as the “Arkansas Water and Air Pollution Control Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-101
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 8-4-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-106. Technical and other services and public assistance.
(a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality.
(b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-106
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 8-4-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-4-201. Powers and duties of division and commission generally.
(a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties:
(1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state;
(2)Investigations and Surveys.
(A) To investigate the extent, character, and effect of the pollution of the waters of this state; and
(B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws;
(3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and
(4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof.
(b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties:
(1)(A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration.
(B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-201
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 8-4-201. 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.