Browse Arkansas Code titles and sections
15-58-307. Civil penalties generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-307. Civil penalties generally.
(a) Any person who violates any permit condition or who violates any other provision of this chapter or the rules issued pursuant to this chapter may in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by rule. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.
(b) In determining the amount of any penalty to be assessed, consideration shall be given:
(1) To the person's history of previous violations at the particular surface coal mining operation;
(2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;
(3) To whether the person was negligent; and
(4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.
(c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final orde
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-307
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:15-58-307
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dc17c7611b8fbbec3c5958a35e46f7395102b00fa57a92285d326248cb7114a3
Source location: content.xml paragraph 22481
Stored source content
15-58-307. Civil penalties generally.
(a) Any person who violates any permit condition or who violates any other provision of this chapter or the rules issued pursuant to this chapter may in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by rule. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.
(b) In determining the amount of any penalty to be assessed, consideration shall be given:
(1) To the person's history of previous violations at the particular surface coal mining operation;
(2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;
(3) To whether the person was negligent; and
(4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.
(c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final order of the circuit court, in the case of any judicial review proceedings wherein the court orders suspension of the abatement requirements of the citation, shall, in accordance with rules issued by the commission, be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which such failure continues.
(d) No civil penalties may be assessed until the person charged with the violation has been given the opportunity for a public hearing pursuant to §§ 15-58-209 — 15-58-211. All civil penalties shall be deposited into the Surface Coal Mining Operation Fund established in § 15-58-508 and shall be used only for the purposes designated for surface coal mining operation funds in §§ 15-58-502 — 15-58-508.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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.
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.