8 CAR § 270-603. Illegal dumping — Prohibited acts

(a) It shall be illegal for any person: (1) To construct, install, alter, modify, use, or operate any facility or site on any property for the purpose of either receiving, storing, or processing of solid waste without an appropriate permit that is current, valid, and properly implemented as issued by the Division of Environmental Quality specifically for the purposes of such operation in all or part; (2) To dispose of solid wastes at any facility or site other than a facility or site for which an appropriate permit that is current, valid, and properly implemented as issued by the division specifically for the purposes of such operation in all or part; (3) To dump, deposit, throw, or in any manner leave or abandon any solid wastes, including, but not limited to, trash, garbage, tin cans, bottles, rubbish, refuse, vehicles, mechanical equipment, trailers, or other undesirable material upon: (A) Property owned by another person without the written permission of the owner or occupant of the property; or (B) Any public highway, street, road, public park or recreation area, or any other public property except as designated for disposal of such waste; or (4) To store, collect, transport, sort, process, burn, or dispose of solid waste in such a manner or place as to: (A) Create or be likely to create a public nuisance or a public health hazard; or (B) Cause or have the potential to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq. (b) There is created a rebuttable presumption that shall arise in any administrative, civil, or criminal action under 8 CAR §§ 270-601 – 270-605 to the effect that, if it can be proved that one (1) or more items of solid waste bear the name or names of one (1) or more persons in such a form as to indicate that the person or persons were the owners of those items and those items were unlawfully disposed of, then the person or persons are presumed to have committed the unlawful act of illegal dumping of solid waste. (c) No person shall be liable for any violation of 8 CAR §§ 270-601 – 270-605 or of any rule or order of the Board of Directors of the Sebastian County Regional Solid Waste Management District, issued pursuant to this subpart, if the violation results solely from the act or omission of a third party, unless the person has knowingly allowed the violation to occur through acquiescence, acts, and/or omissions.