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 56 - MINERAL LANDS AND INTERESTS (§§ 15-56-201 — 15-56-505) › Subchapter 5 - RAILWAYS ON MINERAL LANDS (§§ 15-56-501 — 15-56-505) › Section 15-56-504 - Rights to connections, crossings, and transfer

All such short lines of railway or tramway shall have the same rights and privileges of connections, crossings, sidings, switches, and transfer, without prejudice or discrimination, as are extended by custom or granted by law to railroad corporations in this state.
Acts 1905, No. 163, § 4, p. 407; C. & M. Dig., § 7297; Pope's Dig., § 9353; A.S.A. 1947, § 52-304.
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 56 - MINERAL LANDS AND INTERESTS (§§ 15-56-201 — 15-56-505) › Subchapter 5 - RAILWAYS ON MINERAL LANDS (§§ 15-56-501 — 15-56-505) › Section 15-56-505 - Passenger equipment

All short lines of railway or tramway not exceeding six (6) miles in length shall not be required to maintain passenger equipment. However, if at their option they carry passengers, they shall be subject to the laws governing passenger traffic on railroads in this state.
Acts 1905, No. 163, § 5, p. 407; C. & M. Dig., § 7298; Pope's Dig., § 9354; A.S.A. 1947, § 52-305.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 2 - VOLUNTARY RECLAMATION BY LANDOWNERS (§§ 15-57-201 — 15-57-204) › Section 15-57-201 - Reclamation to be voluntary

Any land reclamation or improvement conducted by the owner of lands pursuant to the provisions of this subchapter shall be strictly on a voluntary basis. The reclamation or improvement shall not subject the lands or the owner to the provisions of the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or any other reclamation laws of this state.
Acts 1983, No. 77, § 3; A.S.A. 1947, § 52-974.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 2 - VOLUNTARY RECLAMATION BY LANDOWNERS (§§ 15-57-201 — 15-57-204) › Section 15-57-202 - Exemption from land reclamation laws

(a)
The owners of lands on which are situated open-cut mining pits that are not subject to the requirements of the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or any other land reclamation laws of this state are authorized to make voluntary environmental or aesthetic improvements to reclaim or improve the lands and the open-cut mining pits thereon after first giving written notice of the proposed improvements to the Division of Environmental Quality.
(b)
Any environmental or aesthetic reclamation or improvement of the lands shall not be construed to be open-cut mining as defined in the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] and shall not subject the lands, pits, or the owners thereof to the requirements of the provisions of the open-cut land reclamation laws of this state.
Amended by Act 2019, No. 910,§ 3070, eff. 7/1/2019.
Acts 1983, No. 77, § 1; A.S.A. 1947, § 52-972; Acts 1999, No. 1164, § 137.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 2 - VOLUNTARY RECLAMATION BY LANDOWNERS (§§ 15-57-201 — 15-57-204) › Section 15-57-203 - Notice of proposed reclamation - Investigation

(a)
Any owner of such lands who wishes to make environmental or aesthetic improvements to reclaim or improve the lands, as authorized in this subchapter, shall file written notice thereof with the Division of Environmental Quality before entering upon the improvements.
(b)
The purpose of the notice shall be to advise the division of the proposed reclamation or improvements to be made and to enable the division to make investigations necessary to assure that the owner of the lands does not engage in activities in connection with any reclamation or improvement project that would be in violation of The Arkansas Open-Cut Land Reclamation Act, §
15-57-301
et seq.
Amended by Act 2019, No. 910,§ 3071, eff. 7/1/2019.
Acts 1983, No. 77, § 2; A.S.A. 1947, § 52-973; Acts 1999, No. 1164, § 138.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 2 - VOLUNTARY RECLAMATION BY LANDOWNERS (§§ 15-57-201 — 15-57-204) › Section 15-57-204 - Quartz crystal mined on private property

(a)
A person who owns both the surface rights and subsurface rights of private property that mines quartz crystal on the private property shall remove topsoil and spoil and store it on the mining site separately for future reclamation needs.
(b)
Upon completion of mining on private property, the private property owner shall:
(1)
Leave the mining site in a condition that safeguards the mining site from trespass if any highwalls are left on the mining site; and
(2)
(A)
Whenever possible:
(i)
Backfill spoil into the pits;
(ii)
Cover the mining site with topsoil; and
(iii)
Revegetate the mining site to prevent pollution of the waters of the state.
(B)
If the private property owner does not place spoil back into the final cut, the private property owner shall:
(i)
Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and
(ii)
Respread and revegetate the topsoil to prevent pollution of the waters of the state.
Amended by Act 2019, No. 384,§ 5, eff. 7/24/2019.
Added by Act 2017, No. 1121,§ 2, eff. 8/1/2017.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-301 - Title

This subchapter shall be known and cited as "The Arkansas Open-Cut Land Reclamation Act".
Acts 1991, No. 827, § 1.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-302 - Declaration of policy

It is declared to be the policy of this state to provide during and after completion of open-cut mining operations for the reclamation and restoration of affected lands to productive use, including, but not limited to, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic resources, the establishment of recreational, home, and industrial sites, and the conservation, development, management, and appropriate use of all the natural resources of affected areas for compatible multiple purposes, in order to aid in maintaining or improving the tax base and protecting the health, safety, and general welfare of the people as well as the natural beauty and aesthetic value in the affected areas of this state.
Acts 1991, No. 827, § 2.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-303 - Definitions

As used in this subchapter:
(1)
"Affected land" means the area of land where open-cut mining has been or is taking place or upon which spoil has been deposited or any other surface disturbance, including haul roads, processing and loading facilities, or appurtenances related to the mining operations on or after July 1, 1977, until the land is reclaimed;
(2)
"Commercial purposes" means the sale of material from an open-cut mine as either a cash transaction, part of a contractual agreement involving payment for materials provided, or for use in another process to create a product with value;
(3)
"Commission" means the Arkansas Pollution Control and Ecology Commission or such commission or other entity as may lawfully succeed to the powers and duties of the commission;
(4)
[Repealed.]
(5)
[Repealed.]
(6)
"Final cut" means the last pit created in an open-cut mined area;
(7)
"High wall" means that side of the pit adjacent to unmined land;
(8)
"Open-cut mining" means the surface extraction of clay, bauxite, sand, gravel, soil, shale, or other materials for commercial purposes;
(9)
"Operator" means any person engaged in or controlling an open-cut mining operation;
(10)
"Peak" means a projecting point of spoil created in the open-cut mining process;
(11)
"Permit term" means the period of time beginning with the date upon which a permit is granted for open-cut mining of lands under the provisions of this subchapter and ending on the date requested by the operator and specified by the Division of Environmental Quality, though not to exceed five (5) years;
(12)
"Person" means any individual, partnership, firm, company, public or private corporation, cooperative, association, joint-stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or any other legal entity recognized by law as the subject of rights and duties;
(13)
"Pit" means a tract of land where open-cut mining is taking place;
(14)
"Reclamation for productive use" means conditioning areas affected by open-cut mining to make them suitable for any uses or purposes consistent with those enumerated in the declaration policy;
(15)
"Ridge" means a lengthened elevation of spoil created in the open-cut mining process;
(16)
"Right-of-way" means the portion of land over or under which certain facilities, including, but not limited to, roadways, pipelines, or power lines, are built; and
(17)
"Spoil" means all waste material and debris connected with open-cut mining and with the mechanical removal, cleaning, and preparation of materials at the mine site.
Amended by Act 2019, No. 910,§ 3073, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3072, eff. 7/1/2019.
Acts 1991, No. 827, § 3; 1999, No. 1164, § 139; 1999, No. 1526, § 1.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-304 - Violations

(a)
It shall be unlawful for any person to:
(1)
Violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality issued pursuant to this subchapter;
(2)
Engage in open-cut mining without a permit issued pursuant to this subchapter;
(3)
Violate any conditions of a permit or reclamation plan issued pursuant to this subchapter;
(4)
Knowingly make any false statement, representation, or certification, or knowingly fail to make a statement, representation, or certification in any application, plan, record, report, or other document filed or required to be maintained under this subchapter; or
(5)
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 subchapter.
(b)
For the purposes of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
Amended by Act 2019, No. 315,§ 1154, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3075, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3074, eff. 7/1/2019.
Acts 1991, No. 827, § 19; 1999, No. 1526, § 2.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-306 - Administration

The Division of Environmental Quality through the Director of the Division of Environmental Quality, and any representatives designated by the director, shall administer and enforce the provisions of this subchapter, except for those provisions specifically designated to the Arkansas Pollution Control and Ecology Commission.
Amended by Act 2019, No. 910,§ 3079, eff. 7/1/2019.
Acts 1991, No. 827, § 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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-307 - Rules

The Arkansas Pollution Control and Ecology Commission may adopt and promulgate rules necessary to administer the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 1160, eff. 7/24/2019.
Acts 1991, No. 827, § 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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-308 - Technical and financial assistance

The Division of Environmental Quality shall have the authority to cooperate with and receive technical and financial assistance from the United States, or any department, agency, or officer thereof, for any purposes relating to the reclamation of affected lands.
Amended by Act 2019, No. 910,§ 3080, eff. 7/1/2019.
Acts 1991, No. 827, § 7.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-309 - Entry on lands for inspection

The Division of Environmental Quality or its designated representatives may enter upon the lands affected by open-cut mining at all reasonable times for the purpose of determining compliance with the provisions of this subchapter.
Amended by Act 2019, No. 910,§ 3081, eff. 7/1/2019.
Acts 1991, No. 827, § 8; 2001, No. 550, § 2.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-312 - Permit as state property

Although issued to the operator, the permit is at all times the property of the State of Arkansas. Upon the expiration, suspension, or termination thereof, the operator shall promptly deliver the permit to the Arkansas Pollution Control and Ecology Commission.
Acts 1991, No. 827, § 11.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-313 - Withdrawal of land covered by permit

An operator may withdraw any land covered by a permit, except affected land, by notifying the Division of Environmental Quality, in which case the penalty of the bond or substituted security filed by the operator pursuant to the provisions of this subchapter shall be reduced proportionately.
Amended by Act 2019, No. 910,§ 3092, eff. 7/1/2019.
Acts 1991, No. 827, § 12.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-314 - Extension of permit

Where the area for which a permit is in effect is not mined or where open-cut mining operations have not been completed during the permit term, the permit as to such area may be extended by the Division of Environmental Quality on the terms and conditions required by the division.
Amended by Act 2019, No. 910,§ 3093, eff. 7/1/2019.
Acts 1991, No. 827, § 13.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-317 - Bond forfeiture proceedings

(a)
The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to:
(1)
Failure to abate any violation of this subchapter or any rule promulgated thereunder;
(2)
Failure to comply with the terms and conditions of the open-cut mining permit or the bond;
(3)
Failure to comply with any order of the division;
(4)
Failure to reclaim any affected land in accordance with this subchapter; or
(5)
Insolvency, bankruptcy, or receivership of the operator.
(b)
The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter.
Amended by Act 2019, No. 315,§ 1166, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3108, eff. 7/1/2019.
Acts 1991, No. 827, § 16; 1999, No. 1526, § 8.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-318 - Registration of existing open-cut mines

The Division of Environmental Quality shall require registration of all existing unpermitted open-cut mines in which mining operations are not being conducted.
Amended by Act 2019, No. 910,§ 3109, eff. 7/1/2019.
Acts 1991, No. 827, § 18.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 3 - ARKANSAS OPEN-CUT LAND RECLAMATION ACT (§§ 15-57-301 — 15-57-321) › Section 15-57-319 - Land Reclamation Fund - Permit fee

(a)
A Land Reclamation Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The Land Reclamation Fund shall consist of civil penalty and bond forfeiture amounts, gifts, grants, donations, and other funds as may be made available by the General Assembly, including all interest earned upon moneys deposited into the Land Reclamation Fund. The Division of Environmental Quality shall use the funds to accomplish reclamation of affected lands.
(b)
All fees and any moneys collected as reimbursement for expenses, costs, and damages to the state under the provisions of this subchapter shall be deposited into the general revenue fund of the division and shall be used to defray the administrative and enforcement costs of this subchapter.
(c)
The Arkansas Pollution Control and Ecology Commission may by rule prescribe an annual permit fee on affected lands.
Amended by Act 2019, No. 315,§ 1167, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3110, eff. 7/1/2019.
Acts 1991, No. 827, § 17.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-401 - Title

This subchapter shall be known and may be cited as the "Arkansas Quarry Operation, Reclamation, and Safe Closure Act".
Acts 1997, No. 1166, § 1.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-405 - Notification of temporarily closed quarry

(a)
Quarry sites in which operations are only occasionally conducted and in which the operator anticipates future quarry activity can be shut down on a temporary basis. If so, the operator will file a notification of temporarily closed quarry with the Division of Environmental Quality, within thirty (30) days after an operation is closed. Full reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following:
(1)
Same information as notification of intent to quarry per §
15-57-404(a)
; and
(2)
Right to temporarily close as follows:
"I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status."
(b)
When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000).
(c)
If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation requirements or the division may forfeit the bond and issue a contract to have the site reclaimed as per the reclamation requirements.
Amended by Act 2019, No. 315,§ 1170, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3121, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3120, eff. 7/1/2019.
Acts 1997, No. 1166, § 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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-406 - Notification of reactivated quarry

Prior to resuming operation in a temporarily closed quarry, an operator will notify the Division of Environmental Quality by certified mail with a notification of reactivated quarry. This notification will consist of the resubmittal of the notification of intent along with any modifications required, necessary by changed conditions at the quarry site.
Amended by Act 2019, No. 910,§ 3122, eff. 7/1/2019.
Acts 1997, No. 1166, § 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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-407 - Notification refiling required

(a)
Every five (5) years all notifications of intent to quarry and of temporarily closed quarry must be refiled with the Division of Environmental Quality by certified mail on or before the operator's anniversary date, with any modifications made necessary by changed conditions in the quarry site, such as changes in the affected acreage, majority ownership of the operator, changes in public roads and man-made structures adjacent to the quarry site, or new technology.
(b)
For failure to refile a notification of intent or notification of temporarily closed quarry, divisional enforcement procedures, citations, and fines will be the same as for §
15-57-405
.
Amended by Act 2019, No. 910,§ 3123, eff. 7/1/2019.
Acts 1997, No. 1166, § 7.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-408 - Notifications of exhausted quarry

(a)
When a quarry becomes exhausted, the operator will notify the Division of Environmental Quality by registered mail that the quarry is an exhausted quarry. This notification will contain the following:
(1)
Updated information as required for the notification of intent to quarry per §
15-57-404(a)(1)
;
(2)
The beginning date of quarry reclamation must be within six (6) months of the notification of exhausted quarry;
(3)
The anticipated date reclamation will be completed. All earthwork and revegetation must be completed within the specified time. If revegetation is not approved, the operator will have another year to complete seeding, as required; and
(4)
The quarry reclamation map should contain the following:
(A)
Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other man-made structures, and unaffected areas;
(B)
The map shall show planned reclamation according to the requirements of the reclamation plan; and
(C)
The affected land acreage to be reclaimed will be shown to the nearest acre.
(b)
If the operator fails to notify the division of this change of status, the division will notify the operator by citation. The operator will then have sixty (60) days to file said notification and commence with plans to reclaim the quarry site as per the requirements of this subchapter.
(c)
If the operator fails to file notification within the required sixty (60) days, the division may levy a fine of one hundred dollars ($100) per day by citation to the operator until notification is received by the division. The maximum fine is five thousand dollars ($5,000).
(d)
If the operator fails to notify the division within sixty (60) days and the fine is in effect, then the division may declare the operator in default and order the operator to begin reclamation as required or the division may forfeit bond and issue a contract to have the site reclaimed as per the reclamation plan.
Amended by Act 2019, No. 910,§ 3125, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3124, eff. 7/1/2019.
Acts 1997, No. 1166, § 8.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-411 - Complaints of violations of this subchapter

(a)
The operator is required to document and respond to complaints by neighbors and citizens as they relate to the requirements of this subchapter. A record of the complaints and responses will be kept on file at the quarry office or company office for a minimum of two (2) years and sent to the Division of Environmental Quality.
(b)
Any complaints received by the division as they relate to this subchapter will be forwarded to the operator. The operator's response will be kept on file for future divisional review at the quarry office or the company office for a minimum of two (2) years.
(c)
The division shall investigate complaints by neighbors and citizens to determine if violations of this subchapter have occurred.
Amended by Act 2019, No. 910,§ 3131, eff. 7/1/2019.
Acts 1997, No. 1166, § 11.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-413 - Hearing

An operator may request and obtain an adjudicatory hearing and review by the Arkansas Pollution Control and Ecology Commission of any decision by the Director of the Division of Environmental Quality to enforce the provisions of this subchapter, including any action to impose a civil penalty, stop quarrying activities, or forfeit a bond. The decision of the commission shall be final and may be appealed by the operator to the circuit court of the county in which the quarry is located in accordance with the Arkansas Code.
Amended by Act 2019, No. 910,§ 3134, eff. 7/1/2019.
Acts 1997, No. 1166, § 13.
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 57 - MINING AND RECLAMATION GENERALLY (§§ 15-57-201 — 15-57-414) › Subchapter 4 - QUARRY OPERATION RECLAMATION, OPERATION, AND SAFE CLOSURE (§§ 15-57-401 — 15-57-414) › Section 15-57-414 - Distribution of fees, fines, and forfeiture amounts

(a)
The Division of Environmental Quality shall collect fees, fines, and bond forfeiture amounts pursuant to this subchapter.
(b)
These revenues, along with gifts, grants, donations, and other funds received under this subchapter, including all interest earned, shall be deposited into the Land Reclamation Fund established by §
15-57-319
.
(c)
The division shall use these funds pursuant to this subchapter for contract awards for the reclamation of affected lands as required by this subchapter.
(d)
When accumulated funds equal the product of ten percent (10%) of the number of acres of affected lands times one thousand dollars ($1,000), surplus funds shall be deposited into the State Treasury as general revenues.
Amended by Act 2019, No. 910,§ 3136, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3135, eff. 7/1/2019.
Acts 1997, No. 1166, § 14.
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 1 - GENERAL PROVISIONS (§§ 15-58-101 — 15-58-107) › Section 15-58-101 - Title

This chapter shall be known and may be cited as the "Arkansas Surface Coal Mining and Reclamation Act of 1979".
Acts 1979, No. 134, § 1; A.S.A. 1947, § 52-935.
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 1 - GENERAL PROVISIONS (§§ 15-58-101 — 15-58-107) › Section 15-58-105 - Public agencies, utilities, and corporations

Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this chapter shall comply with the provisions of this chapter and the rules issued pursuant to this chapter.
Amended by Act 2019, No. 315,§ 1175, eff. 7/24/2019.
Acts 1979, No. 134, § 33; A.S.A. 1947, § 52-967.
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 1 - GENERAL PROVISIONS (§§ 15-58-101 — 15-58-107) › Section 15-58-106 - Exempt activities

This chapter does not apply to any of the following activities:
(1)
(A)
The mining, surface or otherwise, of any minerals or materials other than coal.
(B)
All minerals and materials other than coal, when applicable, shall be regulated according to the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, §
15-57-401
et seq.;
(2)
The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her;
(3)
The extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under rules established by the Arkansas Pollution Control and Ecology Commission; or
(4)
The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or for coal exploration.
Amended by Act 2019, No. 315,§ 1176, eff. 7/24/2019.
Acts 1979, No. 134, § 34; A.S.A. 1947, § 52-968; Acts 2011, No. 279, § 2.
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 1 - GENERAL PROVISIONS (§§ 15-58-101 — 15-58-107) › Section 15-58-107 - Water rights and replacement

(a)
Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a surface coal mining operation.
(b)
The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
Acts 1979, No. 134, § 35; A.S.A. 1947, § 52-969.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 15-58-201 - Division - Jurisdiction, powers, and duties

(a)
The Division of Environmental Quality is designated as the official agency whose duty it is to establish policies and guidelines, to administer the guidelines contained in this chapter, and to institute other reasonable rules and guidelines as they become necessary pursuant to this chapter. The rules may provide differing terms and provisions for particular conditions, particular mining techniques, types of coal, particular areas of the state, surface mines, and the surface impacts of underground mines or any other differences which appear relevant and necessary so long as the action taken is consistent with attainment of the general intent and purposes of this chapter.
(b)
Exclusive jurisdiction over those aspects of surface coal mining and reclamation operations in this state regulated by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, shall be vested in the division.
Amended by Act 2019, No. 315,§ 1177, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3140, eff. 7/1/2019.
Acts 1979, No. 134, § 5; A.S.A. 1947, § 52-939; Acts 1999, No. 1164, § 144.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 15-58-204 - Adoption of rules

(a)
Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§
15-58-207
and
15-58-208
.
(b)
(1)
If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.
(2)
The rule may be effective for no longer than one hundred eighty (180) days.
(c)
(1)
A person has the right to petition for the issuance, amendment, or repeal of any rule.
(2)
Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.
(d)
(1)
The commission shall file with the Secretary of State a certified copy of each rule adopted by it.
(2)
The Secretary of State shall keep a permanent register of the rule open to public inspection.
(3)
(A)
Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.
(B)
However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.
(C)
The commission's finding and a brief statement of the reasons shall be filed with the rule.
(D)
The commission shall take appropriate measures to make emergency rules known to the persons who may be affected by them.
(e)
A rule shall not be valid unless adopted and filed in substantial compliance with this chapter.
Amended by Act 2019, No. 315,§ 1183, eff. 7/24/2019.
Acts 1979, No. 134, § 27; A.S.A. 1947, § 52-961; Acts 2011, No. 279, § 3.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 15-58-206 - Prohibition on enforcement personnel having financial interest

(a)
No person performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment of not more than one (1) year, or by both.
(b)
The Arkansas Pollution Control and Ecology Commission shall publish rules to establish methods by which the provisions of this section will be monitored and enforced, including appropriate provisions for the persons to file for the Director of the Division of Environmental Quality's review, statements, and supplements thereto concerning any financial interest which may be affected by this section.
(c)
Any member of the commission who has a direct or indirect financial interest in an underground or surface coal mining operation may continue to serve on the commission but shall abstain from participating in any matter that relates to underground or surface coal mining operations.
Amended by Act 2019, No. 315,§ 1186, eff. 7/24/2019.
Acts 1979, No. 134, § 17; A.S.A. 1947, § 52-951.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 15-58-208 - Public hearing - Examiners

(a)
For the purpose of receiving and responding to written comments and objections and for presiding at a public hearing, the Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may designate one (1) or more examiners.
(b)
An examiner may:
(1)
(A)
Set the time and location of the public hearing.
(B)
Public notice of the information shall be circulated in accordance with rules issued by the commission;
(2)
Receive all information submitted pursuant to the pending action and permit or deny cross-examination of witnesses;
(3)
Recommend denial or approval, in whole or in part, of the proposed or requested action;
(4)
Maintain order at the public hearing;
(5)
Generally guide the course of the public hearing; and
(6)
Arrange with the applicant, upon request of any party, access to the mining area for the purpose of gathering information relevant to the proceeding.
Amended by Act 2019, No. 315,§ 1190, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3146, eff. 7/1/2019.
Acts 1979, No. 134, § 28; A.S.A. 1947, § 52-962; Acts 2011, No. 279, § 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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 15-58-209 - Adjudicatory hearing - Application for review

(a)
A permittee or any person having an interest which is, or may be, adversely affected by the following may apply to the Arkansas Pollution Control and Ecology Commission for an adjudicatory review of the specified determination, request, notice, order, or decision:
(1)
A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to §
15-58-404
;
(2)
A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to §
15-58-207
, §
15-58-208
, or §§
15-58-502
-
15-58-508
if a legislative public hearing was held;
(3)
A request by an operator for reduction or release of performance bond pursuant to §
15-58-509
;
(4)
Any notice of violation, cessation order, or order to show cause issued pursuant to §§
15-58-301
-
15-58-303
;
(5)
The assessment of a civil penalty pursuant to §
15-58-307
;
(6)
Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or
(7)
By any modification, vacation, or termination of the determination, request, notice, order, or decision.
(b)
Application for review must be made within thirty (30) days of official notification of the action taken in subsection (a) of this section or within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal mine site hearing provided in §
15-58-301(c)
and §
15-58-302
as determined in rules issued by the commission.
Amended by Act 2019, No. 315,§ 1191, eff. 7/24/2019.
Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 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.
Amended by Act 2019, No. 315,§ 1193, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1192, eff. 7/24/2019.
Amended by Act 2015, No. 838,§ 7, eff. 7/22/2015.
Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.
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 2 - ADMINISTRATION (§§ 15-58-201 — 15-58-213) › Section 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.
Acts 1979, No. 134, § 31; A.S.A. 1947, § 52-965.