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15-58-209. Adjudicatory hearing — Application for review.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-209. Adjudicatory hearing — Application for review.
(a) A permittee or any person having an interest which is, or may be, adversely affected by the following may apply to the Arkansas Pollution Control and Ecology Commission for an adjudicatory review of the specified determination, request, notice, order, or decision:
(1) A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to § 15-58-404;
(2) A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to § 15-58-207, § 15-58-208, or §§ 15-58-502 — 15-58-508 if a legislative public hearing was held;
(3) A request by an operator for reduction or release of performance bond pursuant to § 15-58-509;
(4) Any notice of violation, cessation order, or order to show cause issued pursuant to §§ 15-58-301 — 15-58-303;
(5) The assessment of a civil penalty pursuant to § 15-58-307;
(6) Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or
(7) By any modification, vacation, or termination of the determination, request, notice, order, or decision.
(b) Application for review must be made within thirty (30) days of official notification of the action taken in subsection (a) of this section or within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal mine site hearing provided in § 15-58-301(c) and § 15-58-302 as determined in rules issued by the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-209
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:15-58-209
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ec6ec8f8b9abd52fc26c5a9fb6d3d7be081494730032f8dfefddfb029dae51f4
Source location: content.xml paragraph 22307
Stored source content
15-58-209. Adjudicatory hearing — Application for review.
(a) A permittee or any person having an interest which is, or may be, adversely affected by the following may apply to the Arkansas Pollution Control and Ecology Commission for an adjudicatory review of the specified determination, request, notice, order, or decision:
(1) A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to § 15-58-404;
(2) A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to § 15-58-207, § 15-58-208, or §§ 15-58-502 — 15-58-508 if a legislative public hearing was held;
(3) A request by an operator for reduction or release of performance bond pursuant to § 15-58-509;
(4) Any notice of violation, cessation order, or order to show cause issued pursuant to §§ 15-58-301 — 15-58-303;
(5) The assessment of a civil penalty pursuant to § 15-58-307;
(6) Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or
(7) By any modification, vacation, or termination of the determination, request, notice, order, or decision.
(b) Application for review must be made within thirty (30) days of official notification of the action taken in subsection (a) of this section or within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal mine site hearing provided in § 15-58-301(c) and § 15-58-302 as determined in rules issued by the commission.
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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. The source passage cites 15-58-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-208. Public hearing — Examiners.
(a) For the purpose of receiving and responding to written comments and objections and for presiding at a public hearing, the Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may designate one (1) or more examiners.
(b) An examiner may:
(1)(A) Set the time and location of the public hearing.
(B) Public notice of the information shall be circulated in accordance with rules issued by the commission;
(2) Receive all information submitted pursuant to the pending action and permit or deny cross-examination of witnesses;
(3) Recommend denial or approval, in whole or in part, of the proposed or requested action;
(4) Maintain order at the public hearing;
(5) Generally guide the course of the public hearing; and
(6) Arrange with the applicant, upon request of any party, access to the mining area for the purpose of gathering information relevant to the proceeding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-208
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 15-58-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
(3)(A) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or
(B) The owners will not give permission for the state or political subdivisions of the state or their agents, employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
(b)(1) If the director determines that the conditions listed in subsection (a) of this section exist, the director or his or her authorized representative upon giving notice by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, may enter upon the property adversely affected by past coal mining practice and any other property to have access to the property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent adverse effects.
(2) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon.
(3)(A) The moneys
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-404
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 15-58-404. 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.