8 CAR § 60-1504. Criminal penalties

(a) Applicability. (1) Any person who violates any provision of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., who commits any unlawful act under it, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or Division of Environmental Quality shall be guilty of a misdemeanor. (2) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. (3) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (b) Prohibited activities. It shall be unlawful for a person to: (1) Violate any provision of the Arkansas Solid Waste Management Act, commit any unlawful act under it, or violate any rule or order of the commission or division, and leave the state or remove his or her person from the jurisdiction of this state; (2) Through the course of activities prohibited by this section, commit a violation of Arkansas Code § 8-4-103(a)(2)(A)(i); or (3) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subpart, or falsify, tamper with, or render inaccurate any monitoring device, testing method, or record required to be maintained under the Arkansas Solid Waste Management Act or this part. (c) Fines and penalties. (1) A person who violates subsection (b) of this section shall be guilty of a felony. (2) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. (3) For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (d) Alternative penalties. Notwithstanding the limits on fines set in subsections (a) and (c) of this section, above, if a person convicted under any of the above subsections (a) and (c) of this section has derived or will derive pecuniary gain from commission of the offenses, then he or she may be sentenced to pay a fine not to exceed twice the amount of the pecuniary gain. (e) Solicitation and conspiracy. Solicitation or conspiracy, as defined by Subchapters 3 and 4 of Chapter 3 of the Arkansas Criminal Code, to commit any criminal act proscribed by this section and Arkansas Code §§ 8-4-103 and 8-7-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to: (A) Fines not to exceed fifteen thousand dollars ($15,000) per day of violation; (B) Imprisonment for more than six (6) months; or (C) Both such fine and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to: (A) Fines up to thirty-five thousand dollars ($35,000) per day; (B) Imprisonment up to two (2) years; or (C) Both such fine and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to: (A) Fines up to seventy-five thousand dollars ($75,000) per day; (B) Imprisonment up to seven (7) years; or (C) Both such fine and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to: (A) Fines up to one hundred fifty thousand dollars ($150,000) per day; (B) Imprisonment up to fifteen (15) years; or (C) Both such fine and imprisonment. (f) Restitution/business organizations. (1) In cases considering suspension of sentence or probation, efforts or commitments by the defendant to remediate any adverse environmental effects caused by his or her activities may be considered by the court to be restitution as contemplated by Arkansas Code § 5-4-301. (2) A business organization, its agents or officers, may be found liable under this section in accordance with the standards set forth in Arkansas Code § 5-2-501 et seq., and sentenced to pay fines in accordance with the provisions of Arkansas Code § 5-4-201(d) and (e). (g) Culpability. The culpable mental states referenced throughout this section shall have the definitions as set out in Arkansas Code § 5-2-202.