§ 15-57-301. Title

This subchapter shall be known and cited as “The Arkansas Open-Cut Land Reclamation Act”.

§ 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, […]

§ 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 […]

§ 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 […]

§ 15-57-305. Civil and administrative penalties

(a) Civil Penalties. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued […]

§ 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.

§ 15-57-307. Rules

The Arkansas Pollution Control and Ecology Commission may adopt and promulgate rules necessary to administer the provisions of this subchapter.

§ 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.

§ 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.

§ 15-57-310. Necessity of permit — Effective date

(a) It shall be unlawful for any operator to engage in open-cut mining without first obtaining from the Division of Environmental Quality a permit to do so in the form required by the division. (b) An operator shall be deemed to be engaged in open-cut mining when he or she affects any land in preparation […]

§ 15-57-311. Application for permit — Fee — Bond

(a) Any person desiring to engage in open-cut mining shall make written application to the Division of Environmental Quality for a permit. The application shall be made upon a form furnished by the division. (b) The applicant shall fully state the information required on the form and provide a legal description of the area of […]

§ 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.

§ 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.

§ 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.

§ 15-57-315. Duties of operator

Any operator of an open-cut mine will be subject to the following requirements with respect to the mining and reclamation of the site: (1) (A) (i) All affected land shall be graded to a rolling or terraced topography with adequate drainage. (ii) (a) No final slope will be steeper than one (1) vertical to three […]

§ 15-57-316. Bond of operator

(a) (1) (A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully perform all requirements of this subchapter and comply with […]

§ 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 […]

§ 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.

§ 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, […]

§ 15-57-320. Exemptions

(a) Nothing in this subchapter shall be construed to require any agent or employee of a county or municipal government or a landowner selling exclusively to those government entities to comply with any of the provisions of this subchapter when engaged in open-cut mining outside of the channel of a stream for the construction, reconstruction, […]