§ 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.
§ 15-58-210. Adjudicatory hearing — Presiding officers
(a) The following persons shall preside at an adjudicatory public hearing: (1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or (2) One (1) or more examiners or referees designated by the commission or the commission’s administrative law judge. (b) All presiding officers and all officers participating in decisions shall […]
§ 15-58-211. Adjudicatory hearing — Procedures generally
(a) In any adjudicatory public hearing, if a person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, the Arkansas Pollution Control and Ecology Commission, its authorized representative, or the presiding officer of the hearing may apply to any court of general […]
§ 15-58-212. Judicial review
(a) Any person who participated in the administrative proceeding may institute proceedings for judicial review by filing a petition in the Pulaski County Circuit Court or in the circuit court of any county in which the involved surface coal mining operation is located within thirty (30) days after service upon petitioner of the Arkansas Pollution […]
§ 15-58-213. Administrative and judicial review — Costs
Whenever an order is issued as a result of a public hearing under this chapter at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, reasonably incurred by that person, for or in connection with his or her participation in such proceeding, including any […]
§ 15-58-301. Violations not causing imminent danger or harm — Cessation order
(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines on the basis of an inspection or other available information that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or a permit condition required by this […]