(b)

1. (1) Persons found to have committed the prohibited acts as listed in subsection (a) of this section in furtherance of or as a part of a commercial enterprise, shall be guilty of "commercial littering" and as such shall be guilty of a Class A misdemeanor and the penalties shall be those prescribed under the Arkansas Criminal Code.
2. (2) Additionally, those convicted may be required to remove any litter disposed in violation of the Litter Control Act, Acts 1977, No. 883.

(c)

1. (1) When the Department of Health is notified of the presence and location of illegally dumped or abandoned medical waste, an investigation will be conducted in an effort to determine the responsible party.
2. (2) If the offender is identified, it will be the offender's responsibility to properly dispose of the waste and conduct any decontamination as required.
3. (3) In instances where responsibility cannot be determined, the department will be responsible for arranging the appropriate clean-up, disposal, and any decontamination of the area by properly trained and protected personnel.
4. (4) If the responsible party is identified after the department has properly decontaminated the area and disposed of the medical waste, the responsible party shall be liable for all costs incurred in addition to any penalties, as applicable.