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15-57-405. Notification of temporarily closed quarry.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following:
(1) Same information as notification of intent to quarry per § 15-57-404(a); and
(2) Right to temporarily close as follows:
“I, operator of [quarry name], located at [legal description in County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status.”
(b) When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000).
(c) If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-57-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:15-57-405
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7330af3917bd84bab257d6fe4ce98ccf4c1b146609e1961cfc45dcf0c732d438
Source location: content.xml paragraph 21834
Stored source content
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 reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following:
(1) Same information as notification of intent to quarry per § 15-57-404(a); and
(2) Right to temporarily close as follows:
“I, operator of [quarry name], located at [legal description in County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status.”
(b) When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000).
(c) If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation requirements or the division may forfeit the bond and issue a contract to have the site reclaimed as per the reclamation requirements.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 1, 1998, a notification of intent must be on file or in process at the division.
(B) For all new quarries to be opened after January 1, 1998, a notification of intent must be on file or in process at the division before the operator may begin quarry operations.
(3) The notification shall be accompanied by the payment of a fee of two hundred fifty dollars ($250).
(4) The submittal shall be an agreement between the operator and the division.
(5) The operator shall pay an annual fee to the division in the amount of twenty-five dollars ($25.00) per acre of affected land, not to exceed one thousand dollars ($1,000) per quarry.
(6) The notification of intent shall include one (1) copy of the following:
(A) The company name, officers, majority of ownership, on-site superintendents, addresses, name of quarry, phone numbers, anticipated start up and shut down dates;
(B) The following right to quarry, signed and notarized:
“I, the operator of [quarry name] located at [legal description in county], have the legal right by deeds, leases, or other instruments to conduct quarry operations for commercial and other purposes at this location. I will comply with all state and federal laws, rules, and regulations in this operation. Company Name President Secretary”;
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(C) A location map which contains the following:
(i) A seven-and-a-half-foot topographic qua
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-57-404
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-57-404. This identifies an authority to review, not proof of applicability.