§ 15-58-307 - Civil penalties generally.
15-58-307. Civil penalties generally.
(a) Any person who violates any permit condition or who violates any other provision of this chapter or the regulations issued pursuant to this chapter may in accordance with the regulations issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by regulation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.
(b) In determining the amount of any penalty to be assessed, consideration shall be given:
(1) To the person's history of previous violations at the particular surface coal mining operation;
(2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;
(3) To whether the person was negligent; and
(4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.
(c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final order of the circuit court, in the case of any judicial review proceedings wherein the court orders suspension of the abatement requirements of the citation, shall, in accordance with regulations issued by the commission, be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which such failure continues.
(d) No civil penalties may be assessed until the person charged with the violation has been given the opportunity for a public hearing pursuant to 15-58-209 -- 15-58-211. All civil penalties shall be deposited into the Surface Coal Mining Operation Fund established in 15-58-508 and shall be used only for the purposes designated for surface coal mining operation funds in 15-58-502 -- 15-58-508.