Section 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.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.