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15-58-207. Public hearing — Procedures.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-207. Public hearing — Procedures.
(a) The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions:
(1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 — 15-58-508;
(2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 — 15-58-508;
(3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501;
(4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or
(5) The commission, in any rulemaking proceeding under § 15-58-204.
(b) Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action.
(c)(1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments.
(2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public.
(3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission.
(4) A public hearing shall be held for the purpose of receiving relevant evidence.
(d) Any person shall be permitted to submit oral or written statements concerning the subject matte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-207
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:15-58-207
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01c3444f5759d4377ba54f0386639ccf6278219fb30879184d348bcbaad9077c
Source location: content.xml paragraph 22261
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15-58-207. Public hearing — Procedures.
(a) The Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission shall give public notice of each of the following pending, proposed, or requested actions:
(1) The director, upon receipt of any completed application for an initial or revised permit or renewal under §§ 15-58-502 — 15-58-508;
(2) The director, upon receipt of any request by an operator for a variance or amendment to an issued permit under §§ 15-58-502 — 15-58-508;
(3) The commission, upon receipt of any proposal for the designation of lands as unsuitable for surface mining under § 15-58-501;
(4) The commission, upon receipt of any proposal for the use of land acquired pursuant to the state abandoned mine reclamation program; or
(5) The commission, in any rulemaking proceeding under § 15-58-204.
(b) Notice shall be circulated in accordance with the rules issued by the commission to inform interested and potentially interested persons of the pending action.
(c)(1) Interested persons shall be afforded a period of not less than thirty (30) days after the last publication of the above notice to submit written objections or comments.
(2) Comments and objections shall be immediately transmitted to the applicant or permittee and shall be made available to the public.
(3) If a public hearing is requested by an interested person on or before ten (10) days of receipt of the objections and in accordance with the rules issued by the commission, public notice shall be given in accordance with the rules issued by the commission.
(4) A public hearing shall be held for the purpose of receiving relevant evidence.
(d) Any person shall be permitted to submit oral or written statements concerning the subject matter of the public hearing, to call witnesses who may present oral statements, and to present recommendations as to an appropriate decision.
(e)(1) An electronic or stenographic record shall be made of the hearing, unless waived by all parties.
(2) All written statements and similar data offered in evidence, subject to exclusion by the examiner for reasons of redundancy, shall be received in evidence and shall constitute part of the record.
(f) If a public hearing is held under this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action and shall give public notice of its decision within sixty (60) days of the hearing.
(g)(1) If there has been no public hearing held pursuant to this section, the director or the commission shall grant or deny, in whole or in part, the requested or proposed action within a reasonable time and in accordance with rules issued by the commission.
(2) Parties shall be notified by mail with a copy of the decision.
(3) Public notice shall be given of the decision in accordance with the rules issued by the commission.
(h) Within thirty (30) days of the public notice of the final decision of the director or the commission, any person with an interest which is or may be adversely affected may request review of the reasons for the final determination of the director or the commission in accordance with this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-204. Adoption of rules.
(a) Before the adoption, amendment, or repeal of any rule, the Arkansas Pollution Control and Ecology Commission shall give public notice and the opportunity for a public hearing under §§ 15-58-207 and 15-58-208.
(b)(1) If the commission finds that imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than twenty (20) days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule.
(2) The rule may be effective for no longer than one hundred eighty (180) days.
(c)(1) A person has the right to petition for the issuance, amendment, or repeal of any rule.
(2) Within ninety (90) days after submission of a petition, the commission either shall deny the petition, stating in writing its reasons for the denial, or shall initiate rulemaking proceedings in accordance with subsection (a) of this section.
(d)(1) The commission shall file with the Secretary of State a certified copy of each rule adopted by it.
(2) The Secretary of State shall keep a permanent register of the rule open to public inspection.
(3)(A) Each rule shall be effective twenty (20) days after filing, unless a later date is specified by law or in the rule.
(B) However, an emergency rule may become effective immediately upon filing or at a stated time less than twenty (20) days after filing if the commission finds that this effective date is necessary because of imminent peril to the public health, safety, or welfare.
(C) The commission's finding and a brief statement of the reasons shall be filed with the rule.
(D) The commission shall take appropriate measures to make emergency rules
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-204
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 15-58-204. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87;
(2) Adopt a procedure for development of a database and inventory system which will permit proper evaluation of the capacity of different land areas of this state to support and permit reclamation of surface coal mining operations and which includes methods for integrating and implementing federal, state, and local land use planning decisions;
(3) Integrate into the procedure as closely as possible present and future land use planning and regulation processes at the federal, state, and local levels; and
(4) Provide that any person having an interest which is or may be adversely affected may petition the commission to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have a designation terminated. Within ten (10) months after the filing of the petition, the commission shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208.
(b) Prior to designating any land areas as unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on:
(1) The potential coal resources of the area;
(2) The demand for coal resources; and
(3) The impact of the designation on the environment, the economy, and the supply of coal.
(c)(1) Upon petition pursuant to subsection (a) of this section, the commissi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-501
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 15-58-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 of Environmental Quality pursuant to this chapter and in accordance with the rules issued pursuant to this chapter.
(c) Any person conducting surface coal mining and reclamation operations in this state in compliance with a valid permit and who has filed a permit application may continue to conduct operations until the director approves or denies his or her application.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-502
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 15-58-502. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 initial application fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application.
(c) After approval but before issuance of the surface coal mining permit or renewal permit, the applicant shall pay a final application fee which shall not exceed the actual or anticipated cost of administering and enforcing the permit. However, this final application fee may be paid in annual installments apportioned over the term of the permit.
(d) The Division of Environmental Quality shall maintain a separate Surface Coal Mining Operation Fund for the fees which may only be used for the administration and enforcement of this chapter and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-508
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 15-58-508. This identifies an authority to review, not proof of applicability.