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15-58-505. Filing objections to permits.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-505. Filing objections to permits.
Any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-207 and 15-58-208 and the rules promulgated by the Arkansas Pollution Control and Ecology Commission, file written objections to a proposed initial or revised permit for surface coal mining and reclamation operations, or renewal thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-505
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:15-58-505
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e64f3d81d8b9e748e542cb87cbd46dd2ff4af79517bdfe6ba19b05906f6a4b0e
Source location: content.xml paragraph 22778
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15-58-505. Filing objections to permits.
Any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-207 and 15-58-208 and the rules promulgated by the Arkansas Pollution Control and Ecology Commission, file written objections to a proposed initial or revised permit for surface coal mining and reclamation operations, or renewal thereof.
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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.