Arkansas § 8-7-307 Unlawful actions - Acts or omissions of third parties

Arkansas Statutes

§ 8-7-307 — Unlawful actions - Acts or omissions of third parties

Arkansas § 8-7-307

Title8

This text of Arkansas § 8-7-307 (Unlawful actions - Acts or omissions of third parties) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 8-7-307 (2026).

Text

(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

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(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.

Legislative History

Amended by Act 2019, No. 315,§ 625, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 624, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 623, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2747, eff. 7/1/2019. Amended by Act 2015, No. 1264,§ 8, eff. 7/22/2015. Acts 1979, No. 1098, § 6; 1985, No. 922, § 4; A.S.A. 1947, § 82-4222; Acts 1989, No. 260, § 6.