Ark. Code Ann. § 8-7-205 (2026)
Unlawful actions
It shall be unlawful for any person to:
- Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter;
- Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant thereto;
- Dispose of hazardous waste at any disposal site or facility other than one for which a permit has been issued by the Division of Environmental Quality pursuant to this subchapter; or
- Store, collect, transport, treat, or dispose of any hazardous waste contrary to the rules, permits, or orders issued under this subchapter or in such a manner or place as to create or as is likely to be created a public nuisance or a public health hazard or to cause or is likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.
History. Acts 1979, No. 406, § 12; A.S.A. 1947, § 82-4212; Acts 2019, No. 315, §§ 603, 604; 2019, No. 910, § 2717.
Amendments. The 2019 amendment by No. 315 deleted “regulation” following “rule” in (1); deleted “or regulations” following “rules” in (2); and deleted “regulations” following “rules” in (4).
The 2019 amendment by No. 910 substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality” in (3).
Case Notes
Escape of Dioxin.
Where the record showed that dioxin was escaping from a plant site in quantities that under an acceptable, but unproved, theory could be considered as teratogenic, mutagenic, fetotoxic, and carcinogenic, there was a reasonable medical concern over the public health, and therefore the escape of dioxin into a creek and bayou from the plant site constituted an imminent and substantial endangerment to the health of persons and was subject to abatement. United States v. Vertac Chem. Corp., 489 F. Supp. 870 (E.D. Ark. 1980), aff'd, 961 F.2d 796 (8th Cir. 1992).
Liability.
Anyone who disposes of, transports, or treats hazardous waste in a manner likely to cause water or air pollution, is liable to the State for costs, expenses and damages, including natural resource damages. Arkansas ex rel. Bryant v. Dow Chem. Co., 981 F. Supp. 1170 (E.D. Ark. 1997).