Browse Arkansas Code titles and sections
15-58-509. Performance bonds.
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. 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:15-58-509
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: aa2fcfd523d847e04e6cd8ffaa582957d8960063a8c4670db601c4e234a09282
Source location: content.xml paragraph 22824
Stored source content
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 thousand dollars ($10,000).
(f) The commission shall issue rules setting out the criteria and procedures for processing requests for the release of all or any part of a performance bond provided that no bond shall be fully released until all reclamation requirements of this chapter and the rules issued pursuant to this chapter are fully met. Rules shall include provisions for public notice of all requests for full or partial releases, an inspection and evaluation of the reclamation work, and a schedule for partial releases.
(g) Any person having an interest which is or may be adversely affected, or the office or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-209 — 15-58-211, file written objections to the proposed release from bond and request an adjudicatory public hearing.
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.