Arkansas Code Title 8. Environmental Law § 8-7-307. Unlawful actions--Acts or omissions of third parties

(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.