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15-58-506. Permit renewal.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-506. Permit renewal.
(a) Any valid permit issued pursuant to this chapter shall carry with it the right to successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and renewal shall be issued unless the opponents of renewal have established, and the Arkansas Pollution Control and Ecology Commission finds in writing, that:
(1) The terms and conditions of the existing permit are not being satisfactorily met;
(2) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the rules issued pursuant to this chapter;
(3) The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to § 15-58-509; or
(5) Any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit, the commission shall provide notice to the appropriate public authorities.
(b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter.
(c) Any permit renewal shall be for a term not to exceed the period of the original permit established by
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-506
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:15-58-506
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 698b7c5c7bd61941772bba91a622f14950b448c9478debc0fed5e7bfcbd0f87d
Source location: content.xml paragraph 22786
Stored source content
15-58-506. Permit renewal.
(a) Any valid permit issued pursuant to this chapter shall carry with it the right to successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and renewal shall be issued unless the opponents of renewal have established, and the Arkansas Pollution Control and Ecology Commission finds in writing, that:
(1) The terms and conditions of the existing permit are not being satisfactorily met;
(2) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the rules issued pursuant to this chapter;
(3) The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to § 15-58-509; or
(5) Any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit, the commission shall provide notice to the appropriate public authorities.
(b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter.
(c) Any permit renewal shall be for a term not to exceed the period of the original permit established by this chapter. Application for the permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the valid permit.
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Arkansas Code — all titles (historical 2020) · legal_authorities
15-58-509. Performance bonds.
(a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file a bond with the Division of Environmental Quality. This bond shall be on a form furnished by the division in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. It shall be for performance or acceptable alternative payable, as appropriate, to the division and conditioned upon faithful performance of all the requirements of this chapter, the rules issued pursuant to this chapter, and the permit.
(b) All forfeitures collected under this chapter shall be deposited into a separate Mining Reclamation Trust Fund which shall be maintained by the division. The fund may only be used to accomplish reclamation of land covered by forfeitures of performance bonds.
(c) The rules shall include provisions for posting a bond sufficient to cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit and for filing additional bonds to cover succeeding increments of area within the permit upon which the operator intends to conduct surface coal mining and reclamation operations.
(d) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for that period required to establish successful revegetation in accordance with the rules issued by the commission.
(e) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the division in the event of forfeiture. In no case shall the bond for the entire area under one (1) permit be less than ten
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-58-509
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 15-58-509. This identifies an authority to review, not proof of applicability.