(a) Applicability. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following:

1. (1) Restrain any violation of, or compel compliance with, the provisions of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., and of any rules, orders, permits, licenses, or plans issued pursuant thereto;
2. (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of the Arkansas Solid Waste Management Act;
3. (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of the Arkansas Solid Waste Management Act, including natural resource damages;
4. (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of the Arkansas Solid Waste Management Act and of any rules, permits, or plans issued pursuant thereto; or
5. (5) Recover civil penalties assessed pursuant to subdivision (a)(4) of this section.

(b) Fines and penalties.

1. (1) Any person who violates any provision of this section and rules, permits, or plans issued pursuant thereto may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation.
2. (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment.
3. (3) No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission.
4. (4) All hearings and appeals arising under the Arkansas Solid Waste Management Act shall be conducted in accordance with the procedures prescribed by Arkansas Code §§ 8-4-205, 8-4-212, and 8-4-218 – 8-4-229.
5. (5) These administrative procedures may also be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of the Arkansas Solid Waste Management Act, including natural resource damages.