§ 8-6-505 - Proceedings generally. - Arkansas Statutes

8-6-505. Proceedings generally.

(a) Any government official or employee or any person who has knowledge of or information on the illegal dumping of solid waste on any public or private property in this state may file a complaint in a court of competent jurisdiction of the county in which the illegal dumping of solid waste has taken place or in the county of residence of the person who is accused of being liable for the illegal dumping of the solid waste.

(b) (1) Upon the filing of a verified complaint, noting on the complaint the person against whom the claim is filed, the court shall enter a temporary order directing that the accused person remove from the described public or private property the solid waste that has been illegally dumped on the property and properly dispose of the solid waste in a permitted landfill or other facility within ten (10) days from the date of the order.

(2) The sheriff of the county shall serve the order.

(3) Upon the order's being served, the accused party shall:

(A) Remove the solid waste in question from the public or private property as described in the order;

(B) Dispose of the solid waste at a properly permitted solid waste transfer station, landfill, recycling center, or incinerator; and

(C) Return to the court a disposal receipt from the facility where the solid waste was disposed.

(4) If the person wishes to challenge the order, the person may file a petition challenging the order with the court within ten (10) days from the date the order is served.

(c) (1) Upon the filing of a petition challenging the order, the court shall hold a hearing on it within fourteen (14) days after the filing of the petition and shall serve notice upon the accusing party and upon the accused.

(2) At the hearing, which may be continued from time to time as determined by the court, the court shall hear all evidence and testimony and after hearing it shall enter an order either dismissing the original or temporary order or making the order permanent.

(3) The parties represented at the hearing may be represented by counsel.

(d) (1) If the order is made permanent, within ten (10) days thereafter the accused party shall cause the solid waste which has been illegally dumped on private or public property to be removed from the property and disposed of properly in a permitted landfill or other facility.

(2) (A) If after ten (10) days from the date of the order the person against whom the order is directed has not removed the solid waste from the public or private property and properly disposed of it as noted in the order, the governmental agency or the owner of the property may cause it to be moved and shall file with a court a verified statement in writing of the cost of removal.

(B) After reviewing the statement, if the court determines it to be reasonable, the court shall enter an order upon the judgment docket of the court of the amount of the statement, which shall be a judgment against the party against whom the judgment was issued and may be enforced as any other judgment.

(e) (1) Any party aggrieved by any order of a court under this subchapter may appeal from the order.

(2) If an aggrieved party appeals to a circuit court of competent jurisdiction, then the circuit court shall try the cause de novo.