(a) Any person who willfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order authorized by §§ 15-58-301 — 15-58-303 or any order incorporated in a final decision issued by the Arkansas Pollution Control and Ecology Commission or its authorized representative pursuant to this chapter and the rules issued pursuant to this chapter or any person engaging in surface coal mining operations without a permit issued under this chapter shall be guilty of a misdemeanor and may be upon conviction punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both. Each day during which violation or noncompliance exists shall be deemed to be a separate violation.
(b) If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued pursuant to §§ 15-58-301 — 15-58-303 or any order incorporated in a final decision issued by the commission or its authorized representative pursuant to this chapter and the rules issued pursuant to this chapter, a director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be guilty of a misdemeanor and upon conviction may be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year or by both. Each day during which the violation or noncompliance exists shall be deemed to be a separate violation.
Structure Arkansas Code
Title 15 - Natural Resources and Economic Development
Subtitle 5 - Mineral Resources Generally
Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act
Subchapter 3 - Violations and Penalties
§ 15-58-301. Violations not causing imminent danger or harm — Cessation order
§ 15-58-302. Conditions, practices, and violations causing imminent danger or harm — Cessation order
§ 15-58-303. Pattern violations — Order to show cause
§ 15-58-304. Violating a condition of a permit or order — Criminal penalties
§ 15-58-305. Interfering with the director or his or her agents — Criminal penalties
§ 15-58-306. False statement, representation, or certification — Criminal penalties
§ 15-58-307. Civil penalties generally