Arkansas Administrative Code

15 CAR § 28-411. Ineligible expenditures. The following items are not eligible for repayment with ACEDP grant funds: (1) Legal fees. Except for condemnation filing, which is covered as an acquisition fee, grantees may not submit invoices for legal fees; and (2) Operation and main…

15 CAR § 28-412. Acquisition. (a) Grantees acquiring property associated with ACEDP projects must comply with all applicable federal and state laws, including, but not necessarily limited to: (1) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970…

15 CAR § 28-413. Program income. The Arkansas Natural Resources Commission does not expect water and wastewater projects to produce any program income.

15 CAR § 28-414. Audits and inspections. (a) Grantees are subject to federal or state audits and inspections at any time in the grant application process, the planning/design phase, the preconstruction phase, the construction phase, the post-construction phase, or up to four (4) …

15 CAR § 28-415. Project closure. (a) The Arkansas Natural Resources Commission will close ACEDP projects after determining that all administrative and construction activities required under the grant agreement have been satisfactorily completed and that outstanding compliance is…

15 CAR § 28-501. Enforcement provisions. (a) Failure to comply. (1) The Arkansas Natural Resources Commission may institute corrective action against a grantee who fails to comply with any of the terms agreed upon in the grant agreement. (2) The commission, after unsuccessfully a…

15 CAR § 28-502. Modifications to a funded project. (a) The Arkansas Natural Resources Commission must approve proposed changes before any project may be modified. (b) The commission will not consider any request to modify a project unless the grantee provides revised LMI benefic…

15 CAR § 28-503. Approved funding sources. The United States Department of Agriculture Rural Development is an approved funding source for the purposes of the ACEDP project selection criteria found in 15 CAR § 28-306(b)(1).

15 CAR § 28-504. Exceptions. The Director of the Arkansas Natural Resources Commission may set aside any requirement of this part not expressly required by federal or state law.

15 CAR § 29-101. The Arkansas Water Plan. (a) The Arkansas Natural Resources Commission will prepare, develop, formulate, and engage in a comprehensive program for the orderly development and management of the state's water and related land resources, to be referred to as the "Ar…

15 CAR § 29-102. Mission of the Arkansas Water Plan. The Arkansas Water Plan is the state’s comprehensive planning process for the conservation, development, and protection of the state’s water resources, with a goal of long-term sustainable use for the health, well-being, and en…

15 CAR § 29-103. Commission adoption of the Arkansas Water Plan. (a) The Arkansas Natural Resources Commission shall publish an Arkansas Water Plan, which shall from time to time be revised, updated, and amended as new information, projects, and developments shall occur. (b) Thro…

15 CAR § 29-104. Publishing the Arkansas Water Plan. The Arkansas Natural Resources Commission will maintain an electronic version of the planning documents and supporting technical studies available to all interested: (1) State agencies; (2) Departments; (3) Commissions; and (4)…

15 CAR § 29-105. Ongoing supporting technical studies. The Arkansas Natural Resources Commission will: (1) Gather, compile, and analyze information on both the: (A) Use of water in this state; and (B) Needs of the citizens of this state; and (2) Make the information available to:…

15 CAR § 29-106. Definitions. As used in this part: (1)(A) “Agricultural irrigation science technical workgroup” means a voluntary group of technical experts and stakeholders who will assist the Arkansas Natural Resources Commission in ensuring the best possible data and science …

15 CAR § 29-201. Conjunctive water management and groundwater decline. (a) Arkansas must reduce groundwater withdrawals and move toward sustainable groundwater use, provide sustainable yield protection for the Sparta aquifer, and ensure water is available to satisfy irrigation us…

15 CAR § 29-202. Tax incentives and credits for integrated irrigation water conservation. (a) Tax incentives and credits are needed to encourage the implementation and management of integrated irrigation water conservation practices. (b) The Arkansas Natural Resources Commission …

15 CAR § 29-203. Funding water resources development projects. (a) State-issued general obligation bonds are vital to finance and refinance the development of water; waste disposal; pollution control, abatement, and prevention; drainage, irrigation, flood control, wetlands, and a…

15 CAR § 29-204. Infrastructure condition. (a) Public water and wastewater infrastructure is failing and in need of repair and replacement throughout Arkansas. (b) Public entities operating water and wastewater infrastructure or flood control and drainage projects should develop …

15 CAR § 29-205. Excess water for nonriparian withdrawal and use. (a) The statutory definition of excess water should be based on sound science. (b)(1) A deficit of legally available water has been identified within certain basins in the East Arkansas Water Resource Planning Regi…

15 CAR § 29-206. Drought response. (a) Planning is needed before droughts occur. (b) The Arkansas Natural Resources Commission will develop a coordinated drought contingency response network among state, regional, and local agencies with constitutional and statutory water managem…

15 CAR § 29-207. Reallocation of water storage in federal reservoirs. (a) Reallocation of water storage in United States Army Corps of Engineers reservoirs is needed to increase available water for existing and new uses. (b) Reallocation of water storage in reservoirs, based on t…

15 CAR § 29-208. Improving water quality through nonpoint source management. (a) Water quality is affected by nonpoint sources of pollutants, and nonpoint source management projects need state funding in addition to federal funding. (b) The Arkansas Natural Resources Commission w…

15 CAR § 29-209. Public awareness and education. (a) Public awareness and education are critical for water planning in Arkansas. (b) The Arkansas Natural Resources Commission will collaborate with the Arkansas Water Foundation, the Arkansas Association of Conservation Districts, …

15 CAR § 29-210. Water use reporting. (a) The accuracy of water use reported for agricultural irrigation has been questioned because most water use is not measured or metered. (b) The Arkansas Natural Resources Commission will form an agricultural irrigation science technical wor…

15 CAR § 29-301. Continuous planning. The Arkansas Water Plan shall be altered, amended, or repealed to the extent necessary for the proper administration of the state's water resources.

15 CAR § 29-302. Implementation teams and workgroups. (a) The Director of the Arkansas Natural Resources Commission will empanel issue-specific implementation teams and workgroups recommended in the Arkansas Water Plan. (b) Participation in workgroups empaneled by the commission …

15 CAR § 29-303. Updating the Arkansas Water Plan. (a) The Arkansas Natural Resources Commission will: (1) Compile water demand and supply data continuously; and (2) Improve its collection and analysis methods. (b) Gap analyses for non-population-driven uses, such as agriculture,…

15 CAR § 231-101. Title and authority. (a) The following part of the Arkansas Pollution Control and Ecology Commission is promulgated pursuant to the authority of the Arkansas Open-Cut Land Reclamation Act, Acts 1991, No. 827, as amended, and the Arkansas Water and Air Pollution …

15 CAR § 231-102. Purpose. It is the purpose of this part to protect the public health, safety, and the environment during and after completion of open-cut or streambed mining operations.

15 CAR § 231-103. Definitions. Definitions as used in this part unless the context otherwise requires: (1) “Act” means The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.; (2) “Affected land” means the area of land where open-cut mining has been or is ta…

15 CAR § 231-104. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or applic…

15 CAR § 231-201. Permit required. (a) It shall be unlawful for any operator to engage in open-cut mining without first obtaining all appropriate permits from the Division of Environmental Quality. (b) An operator shall be deemed to be engaged in open-cut mining from the time he …

15 CAR § 231-202. Permits generally. (a) Individual permit. (1) Any person desiring to engage in an open-cut mining operation that is not covered by a general permit authorized by the Division of Environmental Quality or streambed mining shall make written application for an indi…

15 CAR § 231-203. General permit. (a) After notice and opportunity for a public hearing, the Division of Environmental Quality may issue general permits for categories of open-cut mining operations that: (1) Are similar in nature; (2) Will cause only minimal temporary adverse env…

15 CAR § 231-204. Permit application requirements. (a)(1) The permit application must be made on a form furnished by the Division of Environmental Quality. (2)(A) The application form shall be prepared as two (2) originals with an original notarized signature of an owner, corpora…

15 CAR § 231-205. Permit application fee. (a) The application for a permit shall be accompanied by a fee of ten dollars ($10.00) per acre with a two hundred dollar ($200) minimum. (b) This fee must be paid by check or money order and made payable to the Division of Environmental …

15 CAR § 231-206. Proof of right to mine. (a) The applicant must provide the Division of Environmental Quality with proof that it has the right to mine the land for which a permit is requested. (b) Acceptable documentation to prove this right is as follows: (1)(A) A copy of the l…

15 CAR § 231-207. Maps. (a)(1) The applicant must provide the Division of Environmental Quality with a minimum of: (A) One (1) vicinity map; (B) One (1) site map; and (C) One (1) reclamation map. (2)(A) Additional maps may be submitted as needed. (B) All maps must be to scale. (b…

15 CAR § 231-208. Mining plan. (a) In order to adequately assess the environmental soundness of the proposed operation and assess the proposed bond amount and its relationship to the proposed reclamation plan, a detailed mining plan must be submitted by the applicant. (b) The min…

15 CAR § 231-209. Reclamation plan. (a) A reclamation plan to return all affected land at the proposed mine site to a useful purpose must be submitted by the applicant. (b) Stream channel operators must comply with the reclamation requirements of 15 CAR § 231-301(b) and the appli…

15 CAR § 231-210. Reclamation bond. (a) The application for a mining permit shall be accompanied by a bond or substituted security for the affected or the proposed affected area in favor of the State of Arkansas through the Division of Environmental Quality. (b) The bond or subst…

15 CAR § 231-211. Temporary variances and interim authority. The issuance of temporary variances and interim authority shall comply with the requirements found in Arkansas Code § 8-4-230.

15 CAR § 231-212. Permit renewal and modification. (a)(1) In the event any area for which a permit applies is not mined or where mining operations have not been completed during the permit term, the permit as to such area may be extended by the Division of Environmental Quality u…

15 CAR § 231-213. Permit revocation. (a) The Division of Environmental Quality may revoke, modify, or suspend, in whole or in part, for cause any permit issued under The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part, including without li…

15 CAR § 231-301. Performance standards generally. (a) Every operator to whom a permit is issued pursuant to the provisions of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part may engage in open-cut mining during the permit term on the …

15 CAR § 231-303. Streambed mining standards. (a) Material removal below the ordinary high-water mark must not create a violation of any of the state’s water quality standards established by the Arkansas Pollution Control and Ecology Commission. (b) At no time shall equipment suc…

15 CAR § 231-401. Inspections. (a) The Division of Environmental Quality or its designated representative may enter upon the lands affected by open-cut mining at all reasonable times for the purpose of determining compliance with the provisions of The Arkansas Open-Cut Land Recla…

15 CAR § 231-402. Enforcement. (a) The Division of Environmental Quality: (1) Shall seek compliance with The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part through the cooperation of all regulated parties; and (2) Will afford suspected vi…

15 CAR § 231-501. Annual report and fees. (a) No later than June 1 of each year of the permit term, the operator shall submit to the Division of Environmental Quality an annual report that contains the following information: (1) A site map showing the current status of the permit…