reglab/housing_qa huggingface dataset:
AR Code § 15-58-405 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 4 - State Abandoned Mine Reclamation Program|§ 15-58-405. Right of entry

 (a) The Director of the Division of Environmental Quality or his or her authorized representative pursuant to an approved state abandoned mine reclamation program shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects.  (b) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass thereon.
AR Code § 15-58-406 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 4 - State Abandoned Mine Reclamation Program|§ 15-58-406. Condemnation

 (a) The Director of the Division of Environmental Quality, personally or through his or her authorized legal representative, pursuant to an approved state abandoned mine reclamation program, may acquire for the state any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the director determines that acquisition of such land is necessary to successful reclamation and that:  (1)  (A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and  (B) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or    (2) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.    (b) Title to all lands acquired pursuant to this section shall be in the name of the state.  (c) The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.
AR Code § 15-58-407 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 4 - State Abandoned Mine Reclamation Program|§ 15-58-407. Use of acquired lands — Public hearing

 (a) The Arkansas Pollution Control and Ecology Commission, pursuant to an approved state abandoned mine reclamation program, when requested after appropriate public notice, shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 in the county or counties in which lands acquired pursuant to this subchapter are located.  (b) The hearing shall be held in accordance with procedures established by the commission through rules and at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
AR Code § 15-58-501 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-501. Designation of land as unsuitable

 (a) The Arkansas Pollution Control and Ecology Commission shall issue rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types of surface mining, which rules shall:  (1) Prevent surface coal mining operations on those lands upon which surface coal mining operations are prohibited by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87;  (2) Adopt a procedure for development of a database and inventory system which will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining operations and which includes methods for integrating and implementing federal, state, and local land use planning decisions;  (3) Integrate into the procedure as closely as possible present and future land use planning and regulation processes at the federal, state, and local levels; and  (4) Provide that any person having an interest which is or may be adversely affected may petition the commission to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have a designation terminated. Within ten (10) months after the filing of the petition, the commission shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208.    (b) Prior to designating any land areas as unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on:  (1) The potential coal resources of the area;  (2) The demand for coal resources; and  (3) The impact of the designation on the environment, the economy, and the supply of coal.    (c)  (1) Upon petition pursuant to subsection (a) of this section, the commission shall designate an area as unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation pursuant to the requirements of this chapter is not technologically and economically feasible.  (2) Upon petition pursuant to subsection (a) of this section, a surface area may be designated unsuitable for certain types of surface coal mining operations if the operations will:  (A) Be incompatible with existing state or local land use plans or programs;  (B) Affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems;  (C) Affect renewable resource lands in which operations could result in a substantial loss or reduction of long range productivity of water supply or of food or fiber products, and the lands include aquifers and aquifer recharge areas; or  (D) Affect natural hazard lands in which operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
AR Code § 15-58-502 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-502. Necessity of permit — Application

 (a) Any person in expectation of conducting surface coal mining and reclamation operations in this state must apply for a permit.  (b) No person shall engage in or carry out on lands within the state any surface coal mining operations unless that person has first obtained a permit issued by the Director of the Division of Environmental Quality pursuant to this chapter and in accordance with the rules issued pursuant to this chapter.  (c) Any person conducting surface coal mining and reclamation operations in this state in compliance with a valid permit and who has filed a permit application may continue to conduct operations until the director approves or denies his or her application.
AR Code § 15-58-504 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-504. Exploration operations

 (a) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with coal exploration rules issued by the Arkansas Pollution Control and Ecology Commission.  (b) Coal exploration rules shall provide, at a minimum, that prior to conducting any exploration under this subchapter, any person must file with the Division of Environmental Quality notice of intention to explore, and that no operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the division.  (c) Coal exploration operations which substantially disturb the natural land surface in violation of this chapter or in violation of the rules issued pursuant to this chapter shall be subject to the civil and criminal penalties and enforcement provisions of this chapter.
AR Code § 15-58-505 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-505. Filing objections to permits

 Any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-207 and 15-58-208 and the rules promulgated by the Arkansas Pollution Control and Ecology Commission, file written objections to a proposed initial or revised permit for surface coal mining and reclamation operations, or renewal thereof.
AR Code § 15-58-506 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-506. Permit renewal

 (a) Any valid permit issued pursuant to this chapter shall carry with it the right to successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and renewal shall be issued unless the opponents of renewal have established, and the Arkansas Pollution Control and Ecology Commission finds in writing, that:  (1) The terms and conditions of the existing permit are not being satisfactorily met;  (2) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the rules issued pursuant to this chapter;  (3) The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;  (4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to § 15-58-509; or  (5) Any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit, the commission shall provide notice to the appropriate public authorities.    (b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter.  (c) Any permit renewal shall be for a term not to exceed the period of the original permit established by this chapter. Application for the permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the valid permit.
AR Code § 15-58-507 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-507. Termination of permit

 (a) A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three (3) years of the issuance of the permit.  (b)  (1) The director may grant reasonable extensions of time upon a showing that extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee.  (2) With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the person shall be deemed to have commenced surface mining operations when the construction of the synthetic fuel or generating facility is initiated.
AR Code § 15-58-508 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-508. Fees — Surface Coal Mining Operation Fund

 (a) Each application for a surface coal mining permit or renewal of that permit shall be accompanied by an initial application fee as determined by the Director of the Division of Environmental Quality in accordance with a fee schedule which the Arkansas Pollution Control and Ecology Commission shall develop and issue by rules.  (b) The initial application fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application.  (c) After approval but before issuance of the surface coal mining permit or renewal permit, the applicant shall pay a final application fee which shall not exceed the actual or anticipated cost of administering and enforcing the permit. However, this final application fee may be paid in annual installments apportioned over the term of the permit.  (d) The Division of Environmental Quality shall maintain a separate Surface Coal Mining Operation Fund for the fees which may only be used for the administration and enforcement of this chapter and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program.
AR Code § 15-58-509 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-509. Performance bonds

 (a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file a bond with the Division of Environmental Quality. This bond shall be on a form furnished by the division in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. It shall be for performance or acceptable alternative payable, as appropriate, to the division and conditioned upon faithful performance of all the requirements of this chapter, the rules issued pursuant to this chapter, and the permit.  (b) All forfeitures collected under this chapter shall be deposited into a separate Mining Reclamation Trust Fund which shall be maintained by the division. The fund may only be used to accomplish reclamation of land covered by forfeitures of performance bonds.  (c) The rules shall include provisions for posting a bond sufficient to cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit and for filing additional bonds to cover succeeding increments of area within the permit upon which the operator intends to conduct surface coal mining and reclamation operations.  (d) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for that period required to establish successful revegetation in accordance with the rules issued by the commission.  (e) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the division in the event of forfeiture. In no case shall the bond for the entire area under one (1) permit be less than ten thousand dollars ($10,000).  (f) The commission shall issue rules setting out the criteria and procedures for processing requests for the release of all or any part of a performance bond provided that no bond shall be fully released until all reclamation requirements of this chapter and the rules issued pursuant to this chapter are fully met. Rules shall include provisions for public notice of all requests for full or partial releases, an inspection and evaluation of the reclamation work, and a schedule for partial releases.  (g) Any person having an interest which is or may be adversely affected, or the office or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-209 — 15-58-211, file written objections to the proposed release from bond and request an adjudicatory public hearing.
AR Code § 15-58-510 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 5 - Mineral Resources Generally|Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act|Subchapter 5 - Surface Coal Mining Regulation|§ 15-58-510. Environmental protection performance standards

 (a) Any permit issued pursuant to this chapter to conduct surface coal mining operations and any authorization to conduct coal exploration operations shall require that operations will meet all applicable performance standards of this chapter and the rules issued pursuant to this chapter.  (b) The Arkansas Pollution Control and Ecology Commission shall issue rules which are consistent with and in accordance with, but no more restrictive than, all the applicable environmental protection performance standards found in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.  (c) The commission shall issue rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.  (d) All departures, variances, and exceptions from the performance standards which are provided in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that chapter and other departures, variances, and exceptions which may be granted through a state program shall be provided for in the rules issued by the commission pursuant to this chapter. The departures, variances, and exceptions provided for in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that law shall be granted or allowed upon a showing of the same circumstances and conditions required in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 or in the regulations issued pursuant to that law.
AR Code § 15-72-101 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 6 - Oil, Gas, and Brine|Chapter 72 - Oil and Gas Production and Conservation|Subchapter 1 - General Provisions|§ 15-72-101. Declaration of policy

 In recognition of past, present, and imminent evils occurring in the production and use of oil and gas as a result of waste in the production and use thereof in the absence of coequal or correlative rights of owners of crude oil or natural gas in a common source of supply to produce and use the crude oil or natural gas, this law is enacted for the protection of public and private interests against such evils by prohibiting waste and compelling ratable production.
AR Code § 15-72-103 (2020)
2020 Arkansas Code|Title 15 - Natural Resources and Economic Development|Subtitle 6 - Oil, Gas, and Brine|Chapter 72 - Oil and Gas Production and Conservation|Subchapter 1 - General Provisions|§ 15-72-103. Penalty

 (a)  (1)  (A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation.  (B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation.    (2)  (A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place.  (B) The place of suit shall be selected by the commission.    (3) The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted.    (b) The payment of any penalty as provided for in this section shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall the payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to the illegal oil, illegal gas, or illegal product.  (c) Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas, or the violation of any provision of this act, or any rule or order made thereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person.