014.00.08 Ark. Code R. § 007

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.08 Ark. Code R. § 007
• Year: 2023

SECTION 1. Authority

Pursuant to the authority and provisions of the Arkansas Solid Waste Management Act, A.C.A. §§ 8Agreements authorized8-6-210 through 7 0 9; the Arkansas Water and Air Pollution Control Act, §§A.C.A 8Title8-4-101 through 313 and §§ 8-5-101 through 612; the Arkansas Hazardous Waste Management Act and the statutes governing regulated substance storage tanks, A.C.A. §§ 8Civil liability of those assisting at accidents8-7-101 through 908; and the Recycling Act, A.C.A 8Policy8-9-101 through 406 including amendments to these Acts and acts which the Department may be charged with enforcement authority,

WHEREFORE, the Arkansas Pollution Control & Ecology Commission hereby promulgates this Regulation No. 7 to provide guidance for the assessment of civil penalties for the violation of any provisions of these Acts, or for the violation of any regulations issued pursuant to these Acts or for the violations of any order, rule, agreement or permit, or any part thereof, issued under these Acts.

SECTION 2. Definitions When used in this regulation:

(a) "Commission" means the Arkansas Pollution Control and Ecology Commission.

(b) "Department" means the Arkansas Department of Pollution Control and Ecology.

(c) "Director" means the Director of the Arkansas Department of Pollution Control and Ecology.

(d) "Violation" means the failure to comply with any statute, regulation, order, rule, agreement, permit, or any part thereof, and includes both acts and omissions.

(e) "Person" means any individual corporation, company, firm, partnership, association, trust, joint stock company, state agency, government instrumentality or agency, institution county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized.

SECTION 3. Procedure

The assessment of civil penalties hereunder shall be in accordance with the administrative procedures specified in Regulation No. 8, or if an action in a court of competent jurisdiction, then under the Arkansas Rules of Civil Procedure.

SECTION 4. Solid Waste Management

The amount of any civil penalty to be assessed for any person for the violation of any provision of the Arkansas Solid Waste Management Act the Recycling Act or...