reglab/housing_qa huggingface dataset:
AR Code § 15-58-210 (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 2 - Administration|§ 15-58-210. Adjudicatory hearing — Presiding officers

 (a) The following persons shall preside at an adjudicatory public hearing:  (1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or  (2) One (1) or more examiners or referees designated by the commission or the commission's administrative law judge.    (b) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. No examiner may participate in a proceeding in which he or she has participated as or on behalf of the charging party in such proceeding. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the commission and granted if timely, sufficient, and filed in good faith.  (c) Presiding officers at a public hearing shall have power:  (1) To set the time and place for the public hearing in accordance with rules issued by the commission;  (2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor;  (3) To administer oaths and affirmations and permit cross-examination;  (4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity;  (5) To maintain order;  (6) To rule upon all questions arising during the course of a hearing or proceeding;  (7) To permit discovery by deposition or otherwise;  (8) To hold conferences for the settlement or simplification of issues;  (9) To grant stays or temporary relief under conditions they prescribe in accordance with rules issued by the commission pursuant to this chapter;  (10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and  (11) Generally to regulate and guide the course of the pending proceeding.
AR Code § 15-58-213 (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 2 - Administration|§ 15-58-213. Administrative and judicial review — Costs

 Whenever an order is issued as a result of a public hearing under this chapter at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney's fees, reasonably incurred by that person, for or in connection with his or her participation in such proceeding, including any judicial review of any agency action, may be assessed against either party, as the circuit court, resulting from judicial review, or the Arkansas Pollution Control and Ecology Commission, resulting from administrative proceedings, deems proper.
AR Code § 15-58-301 (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 3 - Violations and Penalties|§ 15-58-301. Violations not causing imminent danger or harm — Cessation order

 (a) If the Director of the Division of Environmental Quality or his or her authorized representative determines on the basis of an inspection or other available information that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or a permit condition required by this chapter or the rules issued pursuant to this chapter but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall issue a notice of violation to the permittee or his or her agent fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.  (b) If, on expiration of the period of time as originally set in the notice of violation for abatement of the violation, or as subsequently extended, for good cause shown, and on written findings of the director or his or her authorized representative, the director or his or her authorized agent finds that the violation has not been abated, he or she shall immediately issue a cessation order for surface mining operations in accordance with the procedures set out in rules issued by the commission pursuant to this chapter on that portion of the area relevant to the violation.  (c) The cessation order shall remain in effect until the director or his or her authorized agent determines that the violation has been abated or until modified, vacated, or terminated by the director or his or her authorized agent. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing.  (d) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 — 15-58-211.  (e) The cessation order issued by the director or his or her authorized agent under this section shall designate the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary abatement measures.
AR Code § 15-58-302 (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 3 - Violations and Penalties|§ 15-58-302. Conditions, practices, and violations causing imminent danger or harm — Cessation order

 (a) If the Director of the Division of Environmental Quality or his or her authorized representative determines, on the basis of an inspection or other available information, that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or of a permit condition required by this chapter or the rules issued pursuant to this chapter, and that this condition, practice, or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative or agent shall immediately issue a cessation order in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter requiring the immediate termination of all surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation.  (b) The cessation order shall remain in effect until the director or his or her authorized representative determines that the condition, practice, or violation has been abated or until the order has been modified, vacated, or terminated by the director or his or her authorized representative. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing.  (c) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site request an adjudicatory public hearing pursuant to §§ 15-58-209 — 15-58-211.  (d) Where the director or his or her authorized representative finds that the ordered cessation of surface coal mining and reclamation operations or any portion thereof will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall, in addition to and as part of the cessation order, impose affirmative obligations on the operator requiring him or her to take whatever steps are deemed necessary to abate the imminent danger of the significant environmental harm.
AR Code § 15-58-303 (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 3 - Violations and Penalties|§ 15-58-303. Pattern violations — Order to show cause

 (a) On the basis of an inspection, if the Director of the Division of Environmental Quality or his or her authorized agent has reason to believe that a pattern of violations of any requirements of this chapter or the rules issued pursuant to this chapter or any permit conditions required by this chapter or by the rules issued pursuant to this chapter exists or has existed and if the director or his or her authorized agent also finds that these violations are caused by the unwarranted failure of the permittee to comply with requirements of this chapter or permit conditions or that the violations are willfully caused by the permittee, the director or his or her authorized agent shall issue to the permittee forthwith an order to show cause as to why the permit should not be suspended or revoked in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.  (b) The order to show cause shall set a time and place for a public hearing to be held pursuant to §§ 15-58-209 — 15-58-211.  (c) On failure of a permittee to show cause why the permit should not be suspended or revoked, the commission or its authorized representative shall promptly suspend or revoke the permit.
AR Code § 15-58-304 (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 3 - Violations and Penalties|§ 15-58-304. Violating a condition of a permit or order — Criminal penalties

 (a) Any person who willfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order authorized by §§ 15-58-301 — 15-58-303 or any order incorporated in a final decision issued by the Arkansas Pollution Control and Ecology Commission or its authorized representative pursuant to this chapter and the rules issued pursuant to this chapter or any person engaging in surface coal mining operations without a permit issued under this chapter shall be guilty of a misdemeanor and may be upon conviction punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both. Each day during which violation or noncompliance exists shall be deemed to be a separate violation.  (b) If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued pursuant to §§ 15-58-301 — 15-58-303 or any order incorporated in a final decision issued by the commission or its authorized representative pursuant to this chapter and the rules issued pursuant to this chapter, a director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be guilty of a misdemeanor and upon conviction may be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year or by both. Each day during which the violation or noncompliance exists shall be deemed to be a separate violation.
AR Code § 15-58-305 (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 3 - Violations and Penalties|§ 15-58-305. Interfering with the director or his or her agents — Criminal penalties

 Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this chapter shall be guilty of a misdemeanor and may be punished upon conviction by a criminal penalty of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year, or by both.
AR Code § 15-58-306 (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 3 - Violations and Penalties|§ 15-58-306. False statement, representation, or certification — Criminal penalties

 A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter shall be guilty of a misdemeanor and upon conviction may be punished by a criminal penalty of not more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both.
AR Code § 15-58-307 (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 3 - Violations and Penalties|§ 15-58-307. Civil penalties generally

 (a) Any person who violates any permit condition or who violates any other provision of this chapter or the rules issued pursuant to this chapter may in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by rule. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.  (b) In determining the amount of any penalty to be assessed, consideration shall be given:  (1) To the person's history of previous violations at the particular surface coal mining operation;  (2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;  (3) To whether the person was negligent; and  (4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.    (c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final order of the circuit court, in the case of any judicial review proceedings wherein the court orders suspension of the abatement requirements of the citation, shall, in accordance with rules issued by the commission, be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which such failure continues.  (d) No civil penalties may be assessed until the person charged with the violation has been given the opportunity for a public hearing pursuant to §§ 15-58-209 — 15-58-211. All civil penalties shall be deposited into the Surface Coal Mining Operation Fund established in § 15-58-508 and shall be used only for the purposes designated for surface coal mining operation funds in §§ 15-58-502 — 15-58-508.
AR Code § 15-58-308 (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 3 - Violations and Penalties|§ 15-58-308. Civil actions — Injunctions, etc

 (a) The Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may request the Attorney General or an attorney designated by the director to institute without bond or other undertaking a civil action for relief against a permittee or any person engaging in surface coal mining operations without a permit, including an injunction, restraining order, or any other appropriate order in the county in which any part of the surface coal mining and reclamation operation involved is located, or in the county in which the permittee has his or her principal office. No liability whatsoever shall accrue to the commission, the director, or their authorized representatives on taking any actions pursuant to this section.  (b) The civil action may be instituted whenever the person or his or her agent:  (1) Violates or fails or refuses to comply with any order or decision issued by the director or his or her authorized representative under this chapter or under the rules issued pursuant to this chapter;  (2) Interferes with, hinders, or delays the director or his or her authorized representatives in carrying out the provisions of this chapter or the rules issued pursuant to this chapter;  (3) Refuses to permit inspection of the mine by the authorized representative;  (4) Refuses to furnish any information or report requested by the director in furtherance of the provisions of this chapter or the rules issued pursuant to this chapter; or  (5) Refuses to permit access to, and copying of, records the director determines necessary to carry out the provisions of this chapter or the rules issued pursuant to this chapter.
AR Code § 15-58-401 (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|§ 15-58-401. Lands eligible

 (a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by the mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under federal or other state laws.  (b) Notwithstanding subsection (a) of this section, lands and water similarly affected by coal mining or other mining processes and abandoned or left in an inadequate reclamation status after August 3, 1977, are also eligible for reclamation or drainage abatement expenditures under this chapter if the Director of the Division of Environmental Quality makes either of the following findings:  (1) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 21, 1980, and that any funds for reclamation or abatement which are available pursuant to a bond or other form of financial guarantee or from any other source are not sufficient to provide for adequate reclamation or abatement at the site; or  (2) A finding that the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on or before November 5, 1990, and the surety of the mining operator became insolvent during the period, and, as of March 1, 1995, funds immediately available from proceedings relating to that insolvency or from any financial guarantee or other source are not sufficient to provide for adequate reclamation or abatement at the site.    (c)  (1) In determining which sites to reclaim pursuant to subsection (b) of this section, the director shall follow the priorities stated in § 15-58-402(1) and (2).  (2) The director shall ensure that priority is given to those sites which are in the immediate vicinity of a residential area or which have an adverse economic impact upon a community.
AR Code § 15-58-402 (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|§ 15-58-402. State priorities

 Expenditure of moneys from the fund on lands and water eligible under § 15-58-401 for the purposes of this chapter shall reflect the following priorities in the order stated:   (1) “Priority I” includes the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of land and water resources and the environment that:  (A) Have been degraded by the adverse effects of coal mining practices; and  (B) Are adjacent to a site that has been or will be addressed to protect public health, safety, and property from extreme danger of adverse effects of coal mining practices;    (2) “Priority II” includes the protection of public health and safety from adverse effects of coal mining practices, including restoration of land and water resources and the environment that:  (A) Have been degraded by the adverse effects of coal mining practices; and  (B) Are adjacent to a site that has been or will be addressed to protect the public health and safety from the adverse effects of coal mining practices; and    (3)  (A) “Priority III” includes the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices, including measures for the conservation and development of soil, water, excluding channelization, woodland, fish and wildlife, recreational resources, and agricultural productivity.  (B) Priority III land and water resources that are geographically contiguous with existing or remediated Priority I or Priority II problems shall be considered adjacent under the definitions of Priority I or Priority II above.  (C) If the state receives any funding under 30 CFR § 872.14, 30 CFR § 872.17, or 30 CFR § 872.21, then the state may expend these funds to reclaim Priority III lands and waters if either of the following conditions applies:  (i) Facilitating the Priority I or Priority II reclamation; or  (ii) Providing reasonable savings towards the objective of reclaiming all Priority III land and water problems within the state's jurisdiction.
AR Code § 15-58-403 (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|§ 15-58-403. Costs of projects

 The costs for each proposed project under the abandoned mine reclamation program shall include:   (1) Actual construction costs;  (2) Actual operation and maintenance costs of permanent facilities;  (3) Planning and engineering costs;  (4) Construction inspection costs; and  (5) Other necessary administrative expenses.