reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 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.
Amended by Act 2019, No. 315,§ 1197, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3150, eff. 7/1/2019.
Acts 1979, No. 134, § 24; A.S.A. 1947, § 52-958.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 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.
Amended by Act 2019, No. 315,§ 1198, eff. 7/24/2019.
Acts 1979, No. 134, §§ 19, 20; 1979, No. 647, § 5; 1981, No. 328, § 1; A.S.A. 1947, §§ 52-953, 52-954.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 15-58-305 - Interfering with the director or his or her agents - Criminal penalties

Except as permitted by law, a person who knowingly resists, prevents, impedes, or interferes 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 upon conviction is guilty of an unclassified misdemeanor and may be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year, or by both.
Amended by Act 2021, No. 474,§ 4, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 3151, eff. 7/1/2019.
Acts 1979, No. 134, § 19; 1979, No. 647, § 5; 1981, No. 328, § 1; A.S.A. 1947, § 52-953.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 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.
Acts 1979, No. 134, § 21; A.S.A. 1947, § 52-955.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 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
.
Amended by Act 2019, No. 315,§ 1200, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1199, eff. 7/24/2019.
Acts 1979, No. 134, § 18; 1979, No. 647, § 4; A.S.A. 1947, § 52-952.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 3 - VIOLATIONS AND PENALTIES (§§ 15-58-301 — 15-58-309) › Section 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.
Amended by Act 2019, No. 315,§ 1201, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3152, eff. 7/1/2019.
Acts 1979, No. 134, § 25; 1979, No. 647, § 8; A.S.A. 1947, § 52-959.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Amended by Act 2019, No. 910,§ 3156, eff. 7/1/2019.
Acts 1979, No. 134, § 6; A.S.A. 1947, § 52-940; Acts 1993, No. 209, § 1; 1993, No. 371, § 1; 1995, No. 500, § 5.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Acts 1979, No. 134, § 7; A.S.A. 1947, § 52-941; Acts 2011, No. 279, § 6.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Acts 1979, No. 134, § 8; A.S.A. 1947, § 52-942.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Amended by Act 2019, No. 910,§ 3158, eff. 7/1/2019.
Acts 1979, No. 134, § 10; A.S.A. 1947, § 52-944.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Amended by Act 2019, No. 910,§ 3159, eff. 7/1/2019.
Acts 1979, No. 134, § 11; A.S.A. 1947, § 52-945.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 4 - STATE ABANDONED MINE RECLAMATION PROGRAM (§§ 15-58-401 — 15-58-407) › Section 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.
Amended by Act 2019, No. 315,§ 1209, eff. 7/24/2019.
Acts 1979, No. 134, § 12; A.S.A. 1947, § 52-946.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1211, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3160, eff. 7/1/2019.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1213, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3166, eff. 7/1/2019.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 150.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1214, eff. 7/24/2019.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1215, eff. 7/24/2019.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1216, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3168, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3167, eff. 7/1/2019.
Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 151.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 58 - THE ARKANSAS SURFACE COAL MINING AND RECLAMATION ACT (§§ 15-58-101 — 15-58-510) › Subchapter 5 - SURFACE COAL MINING REGULATION (§§ 15-58-501 — 15-58-510) › Section 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.
Amended by Act 2019, No. 315,§ 1220, eff. 7/24/2019.
Acts 1979, No. 134, § 15; A.S.A. 1947, § 52-949.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-101 - Chapter cumulative

This chapter is not intended to repeal any law now in force in this state except insofar as it is in direct conflict with the provisions hereof, but shall be cumulative thereto.
Acts 1943, No. 86, § 18; A.S.A. 1947, § 52-817.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-102 - Penalty

Any violation of this chapter, or any part thereof, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment.
Acts 1943, No. 86, § 14; A.S.A. 1947, § 52-814.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-103 - License required

It shall be unlawful for any person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to engage in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury without first procuring the license provided for by this chapter.
Acts 1943, No. 86, § 1; A.S.A. 1947, § 52-801.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-104 - License application

(a)
The application for a license authorizing the carrying on of the businesses defined in §
15-60-106(a) and (b)
shall be made to the county clerk of the county in which the business is to be conducted.
(b)
The application shall be in writing and shall contain the full names and addresses of the applicants. In the case of associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof, together with the places within the county where the business is to be conducted.
(c)
The application shall be sworn to by the person making it.
Acts 1943, No. 86, § 4; A.S.A. 1947, § 52-804.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-105 - Contents of license

Every license issued by the county clerk shall:
(1)
Contain the full name and address of the licensee. In the case of a group of persons participating together, associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof;
(2)
State the date issued and the expiration date thereof; and
(3)
State the county in which the license is valid and effective.
Acts 1943, No. 86, § 7; A.S.A. 1947, § 52-807.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-106 - License tax

(a)
Every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury shall pay a license tax of twenty-five dollars ($25.00) a year to each county in which he, she, or it engages in business.
(b)
Every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of purchasing for resale distilled or refined quicksilver or mercury shall pay a license tax of twenty-five dollars ($25.00) a year to each county in which he, she, or it engages in business.
(c)
The license tax provided for in this chapter is for the privilege of engaging in the businesses set out in the provisions of this chapter and entitles the licensee to a permit to carry on the business or occupation.
Acts 1943, No. 86, §§ 2, 3, 16; A.S.A. 1947, §§ 52-802, 52-803, 52-816.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-107 - Receipt prerequisite to license issuance

Before any county clerk shall issue a license to any applicant therefor, there shall be exhibited to the clerk a receipt from the sheriff of the county as evidence that the license tax has been paid.
Acts 1943, No. 86, § 6; A.S.A. 1947, § 52-806.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-108 - License issuance and expiration

Every license granted shall date from the first day of the month in which it is issued and expire on the following December 31.
Acts 1943, No. 86, § 5; A.S.A. 1947, § 52-805.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-109 - Record of license application and issuance

It shall be the duty of the county clerk to record each application and each license issued in the mining records of the county.
Acts 1943, No. 86, § 8; A.S.A. 1947, § 52-808.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-110 - Payment of clerk and sheriff

(a)
The clerk shall be entitled to and receive from the county a fee of two dollars and fifty cents ($2.50) for his or her services in receiving each application, issuing the license based thereon, and recording the application and license.
(b)
The sheriff shall be entitled to and receive from the county five percent (5%) of each license fee collected.
Acts 1943, No. 86, § 9; A.S.A. 1947, § 52-809.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-111 - Records to be kept by refiners and purchasers of ore

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury, to keep a record containing the following information:
(1)
The full name and address of the person from whom ores, concentrates, or amalgams bearing quicksilver or mercury were purchased;
(2)
The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf the ores, concentrates, or amalgams bearing quicksilver or mercury were delivered;
(3)
The weight, amount, and a short description of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury purchased;
(4)
The date of delivery, the date of purchase, and the purchase price of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury;
(5)
The name and location of the mine or claim from which each purchased lot of ores, concentrates, or amalgams bearing quicksilver or mercury was mined or procured;
(6)
The name and address of the purchaser on resale, in case of resale, of ores, concentrates, or amalgams bearing quicksilver or mercury;
(7)
The date of delivery and the weight, amount, and a short description of each such lot of ores, concentrates, or amalgams bearing quicksilver or mercury resold, in case of a resale; and
(8)
The date of delivery or shipment, the weight, the amount, the sale price received, and the name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to whom any and all distilled or refined quicksilver or mercury was sold.
Acts 1943, No. 86, § 10; A.S.A. 1947, § 52-810.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-112 - Records to be kept by purchasers of refined mercury for resale

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of purchasing for resale distilled or refined quicksilver or mercury to keep a record containing the following information:
(1)
The full name and address of the person from whom distilled or refined quicksilver or mercury was purchased;
(2)
The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf distilled or refined quicksilver or mercury was delivered;
(3)
The weight, amount, date of delivery, date of purchase, purchase price, description of the container, and a short description of the metal, of the distilled or refined quicksilver or mercury purchased;
(4)
The name and location of the mine or claim from which each purchased lot of distilled or refined quicksilver or mercury was mined or procured;
(5)
The name and location of the mill, plant, retort, or other reduction apparatus from which distilled or refined quicksilver or mercury so purchased had been produced; and
(6)
The name and address of the purchaser on resale, date of delivery or shipment, the weight, the amount, the sale price received, and a short description of the distilled or refined quicksilver or mercury.
Acts 1943, No. 86, § 11; A.S.A. 1947, § 52-811.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-113 - Inspection and preservation of records

The records required to be kept by §§
15-60-111
and
15-60-112
shall be open for inspection at all reasonable times by the sheriff, Department of Arkansas State Police, and prosecuting attorney. The records of each transaction must be kept for a period of at least three (3) years.
Acts 1943, No. 86, § 12; A.S.A. 1947, § 52-812.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-114 - Failure to preserve records or permit inspection - False statements in application

Any licensee under this chapter shall forfeit his, her, or its licenses and be guilty of a misdemeanor if he, she, or it:
(1)
Fails, neglects, or refuses to keep and preserve the records provided for in this chapter;
(2)
Knowingly makes any false entries upon and within the records;
(3)
Causes any false or fictitious names upon and within the records;
(4)
Refuses to permit any authorized person to inspect the records or entries therein; or
(5)
Makes false statements concerning the application for license.
Acts 1943, No. 86, § 13; A.S.A. 1947, § 52-813.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 5 - MINERAL RESOURCES GENERALLY (§§ 15-55-201 — 15-60-115) › Chapter 60 - MERCURY REFINERS (§§ 15-60-101 — 15-60-115) › Section 15-60-115 - Disposition of funds

All license taxes collected, forfeited bail received, and fines collected under the provisions of this chapter shall be paid into the county general fund.
Acts 1943, No. 86, § 15; A.S.A. 1947, § 52-815.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-101 - Creation

There is created the Oil and Gas Commission, hereinafter in this act called the "commission", to be appointed by the Governor.
Acts 1939, No. 105, § 2; 1979, No. 113, § 1; A.S.A. 1947, § 53-102.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 6 - OIL, GAS, AND BRINE (§§ 15-71-101 — 15-76-324) › Chapter 71 - OIL AND GAS COMMISSION (§§ 15-71-101 — 15-71-118) › Section 15-71-102 - Members

(a)
The Oil and Gas Commission shall consist of nine (9) members, each to be appointed for a term of six (6) years, and, in event of a vacancy, the Governor shall by appointment fill the unexpired term.
(b)
All of the members of the commission shall be residents and citizens of the State of Arkansas and at least twenty-one (21) years of age, at least a majority of whom shall be experienced in the development, production, or transportation of oil or gas.
(c)
Each member shall qualify by taking an oath of office and shall hold office until his or her successor is appointed and qualified.
(d)
Each member may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Acts 1939, No. 105, § 2; 1979, No. 113, § 1; 1985, No. 680, § 1; A.S.A. 1947, §§ 53-102, 53-102.2; Acts 1997, No. 250, § 112; 2009, No. 389, § 1.