Unlawful actions — Acts or omissions of third parties

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  1. (a) It is unlawful for a person to:

    1. (1) Violate a provision of this subchapter or of any rule, permit, or order issued under this subchapter;

    2. (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. (3) Dispose of hazardous waste in the state except as provided by rules established by the division pursuant to this subchapter.

  2. (b)

    1. (1)

      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.

      2. (B) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

    2. (2)

      1. (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.

      2. (B) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.

      3. (C) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.

      4. (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.

  3. (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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