§ 15-57-401. Title

This subchapter shall be known and may be cited as the “Arkansas Quarry Operation, Reclamation, and Safe Closure Act”.

§ 15-57-402. Definitions

As used in this subchapter: (1) “Active” means a quarry wall where extraction is occurring or is planned to occur; (2) “Affected land” means the area of land to the nearest acre, where the quarrying of stone, industrial activity, and the stockpiling of topsoil and spoil occur; (3) “Citation” means a written warning of a […]

§ 15-57-403. Notification — Filing — Public notice and response

(a) It shall be unlawful for any operator to engage in a quarrying operation without first submitting to the Division of Environmental Quality a notification of intent to quarry or a notification of reactivated quarry in accordance with this subchapter. The submittal, with returned receipt, shall enable the operator to begin or continue quarrying as […]

§ 15-57-404. Notification of intent to quarry

(a) (1) Except for operators of quarries excluded by § 15-57-403(b), any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduct quarry operations. (2) (A) For all active quarries, as of January […]

§ 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 […]

§ 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.

§ 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 […]

§ 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 […]

§ 15-57-409. Reclamation of land at exhausted quarry site

(a) When the quarry is exhausted, the planned reclamation of all affected lands at the quarry site will be completed by the operator, his or her subcontractor, or by the Division of Environmental Quality once the bond has been forfeited. (b) (1) The minimum reclaimed condition of the exhausted quarry will be as a lake, […]

§ 15-57-410. Site safety

The quarry operator will take the following measures to safeguard the operations for the benefit of neighbors and other citizens and to restrain trespassers from entering onto the quarry or plant site: (1) One (1) or a combination of the following will be installed around the quarry and plant site to complement natural barriers to […]

§ 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 […]

§ 15-57-412. Bond

(a) In order to assure that all reclamation is completed as required and within a reasonable length of time, the operator shall submit a bond or substitute security used specifically for the quarry described in the legal description of the notification of intent. The bond or substitute security shall be in force prior to the […]

§ 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 […]

§ 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 […]