(a) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed two thousand five hundred dollars ($2,500) per violation against any person who violates the requirements of this subchapter.
(b) (1) Penalties collected shall be deposited in the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including provisions of this subchapter.
(2) Penalties collected shall be cash funds when received by the Treasurer of State and shall not be deposited in or deemed to be a part of the State Treasury for the purposes of:
(A) Arkansas Constitution, Article 5, § 29;
(B) Arkansas Constitution, Article 16, § 12;
(C) Arkansas Constitution, Amendment 20; or
(D) Any other constitutional or statutory provision.
(c) If a person against whom an administrative penalty has been imposed by the commission as authorized in this section fails to pay the penalty to the commission, the commission may file an action to collect the administrative penalty in the circuit court of the county in which the poultry feeding operation is located.
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