(a)
- (1) Failure to register under this part constitutes a misdemeanor under Arkansas Code § 8-6-722.
(2) Upon conviction, the person shall be subject to:
- (A) Imprisonment for not more than thirty (30) days;
- (B) A fine of not more than one thousand dollars ($1,000); or
- (C) Both imprisonment and fine.
(3) Additionally, failure to register may subject the hauler to administrative penalties of:
- (A) Not more than five hundred dollars ($500) and two (2) points for the first offense; and
- (B) Not more than one thousand dollars ($1,000) and four (4) points for subsequent offenses.
- (4) Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
(b)
- (1) Failure to comply with any other part of this subpart constitutes a misdemeanor under Arkansas Code § 8-6-722.
(2) Upon conviction, the person shall be subject to:
- (A) Imprisonment for not more than thirty (30) days;
- (B) A fine of not more than:
(i) Two hundred fifty dollars ($250) for the first offense;
(ii) Five hundred dollars ($500) for a second offense; and
- (iii) One thousand dollars ($1,000) for subsequent offenses; or
- (C) Both imprisonment and fine.
(3) Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
- (c) Failure to collect trash in a sanitary manner, failure to provide services without good cause, failure to provide service when requested without good cause, failure to submit adequate trust fund fees under 8 CAR § 130-608, or failing to properly dispose of wastes collected may subject the hauler to administrative penalties of:
- (1) Not more than two hundred fifty dollars ($250) and one (1) point for the first offense; and
(2) Not more than five hundred dollars ($500) and two (2) points for subsequent offenses.
- (d) Failure to display the registration sticker, failure to notify the Boston Mountain Regional Solid Waste Management District of additional trucks, failure to display the hauler’s name and telephone number on the sides of vehicles, or other administrative violations may subject the hauler to administrative penalties of:
- (1) Not more than one hundred dollars ($100) and one (1) point for the first offense; and
- (2) Not more than two hundred fifty dollars ($250) and two (2) points for subsequent offenses.
- (e) To be considered a subsequent offense, the repeat offense must occur within thirty-six (36) months of the earlier offense.
- (f) When the Director of the Boston Mountain Regional Solid Waste Management District determines that a person is subject to administrative penalties, pursuant to the district’s rules, the director shall issue an administrative order in accordance with Subpart 3 of this part.