(1) It is unlawful for a person to: 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.
(4) 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.
(5) Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(6) 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.
(7) The civil penalty shall not exceed twenty-five thousand dollars ($25,000) for each violation.
(8) Each day of a continuing violation may be considered a separate violation for purposes of civil penalty assessments.
(9) 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.
(10) 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.