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 15-58-207 - Public hearing - Procedures

(a)
The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions:
(1)
The director, upon receipt of any completed application for an initial or revised permit or renewal under §§
15-58-502
-
15-58-508
;
(2)
The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§
15-58-502
-
15-58-508
;
(3)
The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under §
15-58-501
;
(4)
The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or
(5)
The commission, in any rulemaking proceeding under §
15-58-204
.
(b)
Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action.
(c)
(1)
Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments.
(2)
Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public.
(3)
If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission.
(4)
A public hearing shall be held for the purpose of receiving relevant evidence.
(d)
Any person shall be permitted to submit oral or written statements concerning the subject matter of the public hearing, to call witnesses who may present oral statements, and to present recommendations as to an appropriate decision.
(e)
(1)
An electronic or stenographic record shall be made of the hearing, unless waived by all parties.
(2)
All written statements and similar data offered in evidence, subject to exclusion by the examiner for reasons of redundancy, shall be received in evidence and shall constitute part of the record.
(f)
If a public hearing is held under this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action and shall give public notice of its decision within sixty (60) days of the hearing.
(g)
(1)
If there has been no public hearing held pursuant to this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action within a reasonable time and in accordance with rules issued by the commission.
(2)
Parties shall be notified by mail with a copy of the decision.
(3)
Public notice shall be given of the decision in accordance with the rules issued by the commission.
(h)
Within thirty (30) days of the public notice of the final decision of the director or the commission, any person with an interest which is or may be adversely affected may request review of the reasons for the final determination of the director or the commission in accordance with this chapter.
Amended by Act 2019, No. 315,§ 1189, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1188, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1187, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3145, eff. 7/1/2019.
Acts 1979, No. 134, § 28; A.S.A. 1947, § 52-962; Acts 2011, No. 279, § 4.