(a) It is unlawful for a person to:

(1) Violate a provision of this subchapter or of any rule, regulation, permit, or order issued under this subchapter;

(2) Transport hazardous wastes into or out of the state, except as provided by regulations established by the Arkansas Department of Environmental Quality pursuant to the provisions of this subchapter; or

(3) Dispose of hazardous wastes in the state except as provided by regulations established by the department pursuant to this subchapter.

(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 regulations 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 regulations 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.

(c) A person is not liable for violating a provision of this subchapter or of any rule, regulation, permit, or order issued under this subchapter if the violation was caused solely by the acts or omissions of a third party.