# Ark. Code Ann. § 8-7-504: Penalties

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-504

## Section

- **Citation:** Ark. Code Ann. § 8-7-504
- **Heading:** Penalties
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-504

## Text

(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment. (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense. (b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to: (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation; (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom. (c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901 , if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions. Amended by Act 2019, No. 910,§ 2752, eff. 7/1/2019. Acts 1985, No. 479, § 11; A.S.A. 1947, § 82-4722; Acts 1997, No. 1042, § 3.

(a) (1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment. (2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

(1) Any person who commits any unlawful act under this subchapter shall be guilty of a misdemeanor and upon conviction shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000) or to both a fine and imprisonment.

(2) Each day or part of a day during which such violation is continued or repeated shall constitute a separate offense.

(b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to: (1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation; (2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and (3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.

(1) A civil penalty in such amount as the Director of the Division of Environmental Quality shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of the violation;

(2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and

(3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.
dollars ($25,000) per day of the violation;

(2) The payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing the violation or unlawful act; and

(3) The payment to the state of reasonable compensation of any actual damage resulting therefrom.

(c) One-half (½) of the civil penalties provided for in subdivision (b)(1) of this section, but not to exceed five hundred thousand dollars ($500,000) in any one (1) calendar year and not to exceed four million dollars ($4,000,000) in the aggregate, may be deposited into the Remedial Action Account in the Construction Assistance Revolving Loan Fund established pursuant to § 15-5-901 , if so authorized by the director, and such moneys shall not be deposited into or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29, Arkansas Constitution, Article 16, § 12, Arkansas Constitution, Amendment 20, or any other constitutional or statutory provisions.

Amended by Act 2019, No. 910,§ 2752, eff. 7/1/2019.

Acts 1985, No. 479, § 11; A.S.A. 1947, § 82-4722; Acts 1997, No. 1042, § 3.

## Nearby sections

- [Ark. Code Ann. § 8-7-501 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-501.md)
- [Ark. Code Ann. § 8-7-502 Legislative intent - Purposes](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-502.md)
- [Ark. Code Ann. § 8-7-503 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-503.md)
- [Ark. Code Ann. § 8-7-504 Penalties](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-504.md)
- [Ark. Code Ann. § 8-7-505 Unlawful acts](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-505.md)
- [Ark. Code Ann. § 8-7-506 Rules - Administrative procedure](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-506.md)
- [Ark. Code Ann. § 8-7-507 Compliance of federal and state entities](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-507.md)
- [Ark. Code Ann. § 8-7-508 Remedial and removal authority of the division](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-508.md)
- [Ark. Code Ann. § 8-7-509 Hazardous Substance Remedial Action Trust Fund](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-509.md)
- [Ark. Code Ann. § 8-7-510 Federal actions or compensation not to be duplicated](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-510.md)
- [Ark. Code Ann. § 8-7-511 Furnishing of information](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-511.md)
- [Ark. Code Ann. § 8-7-512 Liability for costs - Immunity from liability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-512.md)
- [Ark. Code Ann. § 8-7-513 Apportionment of costs](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-513.md)
- [Ark. Code Ann. § 8-7-514 Recovery of expenditures generally](https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-514.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T8_C7_S5_S8-7-504. Check the current official text before relying on it. Not legal advice.
