1. (a)

   1. (1) Any person who violates any provision of this part concerning commercial medical waste nonincineration TSD facilities shall be guilty of a felony.
   2. (2) Upon conviction, that person shall be subject to imprisonment for not more than one (1) year and a fine of not more than twenty-five thousand dollars ($25,000) or both.

2. (b)

   1. (1) In addition, any person who violates any provision of this part concerning commercial medical waste nonincineration TSD facilities may be subject to a civil penalty by the State Board of Health.
   2. (2) The penalty shall not exceed ten thousand dollars ($10,000) for each violation.

3. (c)

   1. (1) Any person, carrier, or any officer, employee, agent, or representative thereof, while operating any vehicle transporting medical waste, or which is authorized to transport medical waste, who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to the provisions of Title 23 of the Arkansas Code or who shall violate any rule of the Department of Health which specifically relates to the transportation of medical waste, shall be deemed guilty of a misdemeanor.
   2. (2) Upon conviction, that carrier, or office, employee, agent, or representative thereof, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offenses.
4. (d) Violations of any provision of this part for commercial medical waste may be grounds for permit modifications, restrictions, bonding, or termination of the permit as outlined in 20 CAR § 53-420.

5. (e)

   1. (1) Pursuant to Arkansas Code § 20-32-105, the Division of Arkansas State Police and the enforcement officers of the Arkansas Highway Police Division of the Arkansas Department of Transportation are authorized to:

      1. (A) Stop vehicles suspected of transporting commercial medical waste to ensure that all required permits for transporting commercial medical waste have been obtained; and
      2. (B) Enforce all laws and rules relating to the transportation of commercial medical waste.

   2. (2) The enforcement officers of the Arkansas Department of Transportation are authorized to:

      1. (A) Conduct vehicle safety inspections of those vehicles transporting or intending to be utilized to transport commercial medical waste;
      2. (B) Inquire into the history of any safety or equipment regulation violations of the transporter in any state; and
      3. (C) Advise the Department of Health of the results of such inspections and inquiries.

6. (f) Note.

   1. (1) Transporters, mobile treatment systems and facilities that treat, store, and/or dispose of commercial medical waste must have a permit from the Department of Health.
   2. (2) Incineration facilities must obtain an incinerator permit from the Division of Environmental Quality.
   3. (3) All facilities that treat, store, and/or dispose of commercial medical waste must have an operating license.
7. (g) Application forms and information may be obtained by contacting the Arkansas Department of Health's Medical Waste Program, 4815 West Markham, Slot 32, Little Rock, AR 72205-3867, Phone (501) 661-2621.

Codification Notes: "TSD" means treatment, storage, and/or disposal.