§ 8-6-508 - Enforcement generally. - Arkansas Statutes

8-6-508. Enforcement generally.

(a) (1) Illegal dumps control officers are empowered to ensure compliance with the provisions of this subchapter by having the right and duty to:

(A) Inspect suspected illegal dumps;

(B) Collect evidence of open dumping and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and

(C) Issue and serve citations for violations of provisions of the Arkansas Solid Waste Management Act, 8-6-201 et seq., prohibiting illegal dumping, subject to exemptions under 8-6-205 and the agricultural exemptions under 8-6-509, and for violations of the Litter Control Act, 8-6-401 et seq., prohibiting unlawful littering.

(2) Citations issued by illegal dumps control officers shall be filed in any court having jurisdiction in the county where the offense is committed.

(3) (A) Citations may be served in person or by mailing a copy of the citation by certified mail, restricted delivery, to either the address obtained from evidence collected from the illegal dump or to the person's last known address. Persons receiving citations shall appear before the court named within the citation at the time designation in the citation.

(B) Courts having jurisdiction over citations issued by illegal dumps control officers may issue penalties as specified in 8-6-204(a).

(4) Illegal dumps control officers may require violators to present signed and dated disposal receipts as evidence that the solid waste has been:

(A) Removed from the illegal dump; and

(B) Properly disposed of in one (1) or more of the following facilities:

(i) A permitted landfill;

(ii) A solid waste transfer station;

(iii) A recycling center;

(iv) An incinerator;

(v) A scrap yard that purchases iron, steel, aluminum, or other metals;

(vi) A permitted waste tire collection center or waste tire processing facility; or

(vii) Any other facility that the illegal dumps control officer finds to be a proper disposal of the solid waste.

(b) All illegal dumps control officers shall be licensed and certified in accordance with 8-6-901 et seq.

(c) Illegal dumps control officers shall not have powers of arrest.