§ 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 […]
§ 15-58-309. Right of private action
(a) Any person having an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this chapter or the rules issued pursuant to this chapter: (1) Against the State of Arkansas or any other state instrumentality or agency which is alleged to […]
§ 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 […]
§ 15-58-401. Lands eligible
(a) Lands and water eligible for reclamation or drainage abatement expenditures under this chapter are those which were mined for coal or which were affected by the mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is […]
§ 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 […]
§ 15-58-402. State priorities
Expenditure of moneys from the fund on lands and water eligible under § 15-58-401 for the purposes of this chapter shall reflect the following priorities in the order stated: (1) “Priority I” includes the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices, including the restoration of […]
§ 15-58-403. Costs of projects
The costs for each proposed project under the abandoned mine reclamation program shall include: (1) Actual construction costs; (2) Actual operation and maintenance costs of permanent facilities; (3) Planning and engineering costs; (4) Construction inspection costs; and (5) Other necessary administrative expenses.
§ 15-58-404. Abatement of adverse effects — Lien
(a) The Director of the Division of Environmental Quality or his or her authorized representative, under the state abandoned mine reclamation program, shall make a finding of fact that: (1) Land or water resources have been adversely affected by past coal mining practices; (2) The adverse effects are at a state in which, in the […]
§ 15-58-405. Right of entry
(a) The Director of the Division of Environmental Quality or his or her authorized representative pursuant to an approved state abandoned mine reclamation program shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and […]
§ 15-58-406. Condemnation
(a) The Director of the Division of Environmental Quality, personally or through his or her authorized legal representative, pursuant to an approved state abandoned mine reclamation program, may acquire for the state any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the director determines that acquisition of […]