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15-58-407. Use of acquired lands — Public hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-407. Use of acquired lands — Public hearing.
(a) The Arkansas Pollution Control and Ecology Commission, pursuant to an approved state abandoned mine reclamation program, when requested after appropriate public notice, shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 in the county or counties in which lands acquired pursuant to this subchapter are located.
(b) The hearing shall be held in accordance with procedures established by the commission through rules and at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-407
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:15-58-407
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f05e698eac40af75c166a356ffa872f2a5ce845126b3400fe1e27fb38d3aba96
Source location: content.xml paragraph 22642
Stored source content
15-58-407. Use of acquired lands — Public hearing.
(a) The Arkansas Pollution Control and Ecology Commission, pursuant to an approved state abandoned mine reclamation program, when requested after appropriate public notice, shall hold a public hearing in accordance with §§ 15-58-207 and 15-58-208 in the county or counties in which lands acquired pursuant to this subchapter are located.
(b) The hearing shall be held in accordance with procedures established by the commission through rules and at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.
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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.