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15-58-301. Violations not causing imminent danger or harm — Cessation order.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 chapter or the rules issued pursuant to this chapter but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall issue a notice of violation to the permittee or his or her agent fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.
(b) If, on expiration of the period of time as originally set in the notice of violation for abatement of the violation, or as subsequently extended, for good cause shown, and on written findings of the director or his or her authorized representative, the director or his or her authorized agent finds that the violation has not been abated, he or she shall immediately issue a cessation order for surface mining operations in accordance with the procedures set out in rules issued by the commission pursuant to this chapter on that portion of the area relevant to the violation.
(c) The cessation order shall remain in effect until the director or his or her authorized agent determines that the violation has been abated or until modified, vacated, or termin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-301
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:15-58-301
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d5d98cc714716116a37ca552d9f5c00e547a6afe81d7d0fc85a0d2357e0ecc0a
Source location: content.xml paragraph 22419
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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 chapter or the rules issued pursuant to this chapter but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall issue a notice of violation to the permittee or his or her agent fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.
(b) If, on expiration of the period of time as originally set in the notice of violation for abatement of the violation, or as subsequently extended, for good cause shown, and on written findings of the director or his or her authorized representative, the director or his or her authorized agent finds that the violation has not been abated, he or she shall immediately issue a cessation order for surface mining operations in accordance with the procedures set out in rules issued by the commission pursuant to this chapter on that portion of the area relevant to the violation.
(c) The cessation order shall remain in effect until the director or his or her authorized agent determines that the violation has been abated or until modified, vacated, or terminated by the director or his or her authorized agent. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing.
(d) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 — 15-58-211.
(e) The cessation order issued by the director or his or her authorized agent under this section shall designate the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary abatement measures.
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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. The source passage cites 15-58-209. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 jurisdiction in the county where the proceedings were held or are being held for an order directing that person to take the requisite action. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt.
(b) Opportunity shall be afforded all parties at a public hearing to respond and present evidence and argument on all issues involved.
(c) Nothing in this chapter shall prohibit disposition of the matter through an informal conference before the Director of the Division of Environmental Quality if all parties agree, or disposition by stipulation, settlement, consent order, or default.
(d) The record of a public hearing required by this section shall include:
(1) All pleadings, motions, and intermediate rulings;
(2) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;
(3) A statement of matters officially noticed;
(4) Offers of proof, objections, and rulings thereon;
(5) Proposed findings and exceptions thereto; and
(6) All staff and presiding officer memoranda or data submitted to the presiding officer in connection with his or her consideration of the case.
(e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
(f) Any person compelled to ap
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-211
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 15-58-211. This identifies an authority to review, not proof of applicability.