§ 15-58-501. Designation of land as unsuitable
(a) The Arkansas Pollution Control and Ecology Commission shall issue rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types of surface mining, which rules shall: (1) Prevent surface coal mining operations on those lands upon which surface coal mining operations are prohibited by the […]
§ 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 […]
§ 15-58-503. Rules generally
(a) (1) The Arkansas Pollution Control and Ecology Commission shall issue rules as are required pursuant to the state program requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, designating the required information, the criteria, and the procedures for submitting, processing, and issuing or denying initial or revised applications […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 15-58-509. Performance bonds
(a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file a bond with the Division of Environmental Quality. This bond shall be on a form furnished by the division in accordance with the rules issued by the Arkansas Pollution Control and Ecology […]
§ 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 […]