§ 8-7-806 — Penalties - Enforcement

(a) It shall be unlawful for any person: (1) To violate any provision of this subchapter or any rule adopted under this subchapter; (2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapter or the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq., or any rule issued pursuant thereto; or (3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of any such order. (b) Any person who knowingly makes a false statement, representation, or certification as described in subdivision (a)(2) of this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such violation. (c) Any owner or operator who fails to give any notification regarding storage tanks required by this subchapter or any rule issued pursuant to this subchapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each storage tank for which notification is not given. (d) (1) Any person who violates any provision of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant thereto or who commits an unlawful act under this section may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation or unlawful act. (2) Each day of a continuing violation or unlawful act may be deemed a separate violation or unlawful act for purposes of civil penalty assessment. (3) If the violation or unlawful act concerns the operation of an underground storage tank, the civil penalty shall not exceed ten thousand dollars ($10,000) for each underground storage tank for each day of violation or unlawful action. (4) No civil penalty may be assessed until the person charged with the violation or unlawful act has been given the opportunity for a hearing in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission. (5) The administrative procedures set forth in § 8-7-804 may be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages. (e) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or restrain the commission of any unlawful act under this section; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or for any unlawful act under this section; (5) Recover civil penalties assessed pursuant to subsection (d) of this section; or (6) Forfeit a surety bond purchased pursuant to this subchapter. (f) (1) All civil penalties collected under this section shall be deposited into the Regulated Substance Storage Tank Program Fund. (2) All moneys collected which represent the costs, expenses, or damages of another agency or subdivision of the state shall be distributed to the appropriate governmental entity.

Legislative History

Amended by Act 2019, No. 315,§ 655, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 654, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 653, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 652, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 651, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 650, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2794, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2793, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2792, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2791, eff. 7/1/2019. Acts 1989, No. 172, § 6; 1993, No. 810, § 4; 2003, No. 486, § 1.