Title 15, Natural Resources and Economic Development

This subchapter shall be known and cited as “The Arkansas Open-Cut Land Reclamation Act”.

It is declared to be the policy of this state to provide during and after completion of open-cut mining operations for the reclamation and restoration of affected lands to productive use, including, but not limited to, the planting of forests, the seeding of grasses and legumes f…

(1) As used in this subchapter:(1) “Affected land” means the area of land where open-cut mining has been or is taking place or upon which spoil has been deposited or any other surface disturbance, including haul roads, processing and loading facilities, or appurtenances related t…

(a) It shall be unlawful for any person to:(1) Violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality issued pursuant to this subchapter;(2) Engage in open-cut mining without …

(a) Civil Penalties. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following:(1) To restrain any violation of or to compel compliance with the provisions of this subchapter or…

The Division of Environmental Quality through the Director of the Division of Environmental Quality, and any representatives designated by the director, shall administer and enforce the provisions of this subchapter, except for those provisions specifically designated to the Arka…

The Arkansas Pollution Control and Ecology Commission may adopt and promulgate rules necessary to administer the provisions of this subchapter.

The Division of Environmental Quality shall have the authority to cooperate with and receive technical and financial assistance from the United States, or any department, agency, or officer thereof, for any purposes relating to the reclamation of affected lands.

The Division of Environmental Quality or its designated representatives may enter upon the lands affected by open-cut mining at all reasonable times for the purpose of determining compliance with the provisions of this subchapter.

(a) It shall be unlawful for any operator to engage in open-cut mining without first obtaining from the Division of Environmental Quality a permit to do so in the form required by the division. (b) An operator shall be deemed to be engaged in open-cut mining when he or she affect…

(a) Any person desiring to engage in open-cut mining shall make written application to the Division of Environmental Quality for a permit. The application shall be made upon a form furnished by the division. (b) The applicant shall fully state the information required on the form…

Although issued to the operator, the permit is at all times the property of the State of Arkansas. Upon the expiration, suspension, or termination thereof, the operator shall promptly deliver the permit to the Arkansas Pollution Control and Ecology Commission.

An operator may withdraw any land covered by a permit, except affected land, by notifying the Division of Environmental Quality, in which case the penalty of the bond or substituted security filed by the operator pursuant to the provisions of this subchapter shall be reduced prop…

Where the area for which a permit is in effect is not mined or where open-cut 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 on the terms and conditions required by the division…

(1) Any operator of an open-cut mine will be subject to the following requirements with respect to the mining and reclamation of the site:(1) (A) (i) All affected land shall be graded to a rolling or terraced topography with adequate drainage.(ii) (a) No final slope will be steep…

(a) (1) (A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully per…

(a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to:(1) Failure to abate any violation of this subchapter or any rule promulgated the…

The Division of Environmental Quality shall require registration of all existing unpermitted open-cut mines in which mining operations are not being conducted.

(a) A Land Reclamation Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The Land Reclamation Fund shall consist of civil penalty and bond forfeiture amounts, gifts, grants, donations, and other funds as m…

(a) Nothing in this subchapter shall be construed to require any agent or employee of a county or municipal government or a landowner selling exclusively to those government entities to comply with any of the provisions of this subchapter when engaged in open-cut mining outside o…

This subchapter shall be known and may be cited as the “Arkansas Quarry Operation, Reclamation, and Safe Closure Act”.

(1) As used in this subchapter:(1) “Active” means a quarry wall where extraction is occurring or is planned to occur;(2) “Affected land” means the area of land to the nearest acre, where the quarrying of stone, industrial activity, and the stockpiling of topsoil and spoil occur;(…

(a) It shall be unlawful for any operator to engage in a quarrying operation without first submitting to the Division of Environmental Quality a notification of intent to quarry or a notification of reactivated quarry in accordance with this subchapter. The submittal, with return…

(a) (1) Except for operators of quarries excluded by § 15-57-403(b), any operator desiring to engage in quarrying shall complete a notification of intent to quarry which when submitted to the Division of Environmental Quality by certified mail will entitle said operator to conduc…

(a) Quarry sites in which operations are only occasionally conducted and in which the operator anticipates future quarry activity can be shut down on a temporary basis. If so, the operator will file a notification of temporarily closed quarry with the Division of Environmental Qu…

Prior to resuming operation in a temporarily closed quarry, an operator will notify the Division of Environmental Quality by certified mail with a notification of reactivated quarry. This notification will consist of the resubmittal of the notification of intent along with any mo…

(a) Every five (5) years all notifications of intent to quarry and of temporarily closed quarry must be refiled with the Division of Environmental Quality by certified mail on or before the operator's anniversary date, with any modifications made necessary by changed conditions i…

(a) When a quarry becomes exhausted, the operator will notify the Division of Environmental Quality by registered mail that the quarry is an exhausted quarry. This notification will contain the following:(1) Updated information as required for the notification of intent to quarry…

(a) When the quarry is exhausted, the planned reclamation of all affected lands at the quarry site will be completed by the operator, his or her subcontractor, or by the Division of Environmental Quality once the bond has been forfeited. (b) (1) The minimum reclaimed condition of…

(1) The quarry operator will take the following measures to safeguard the operations for the benefit of neighbors and other citizens and to restrain trespassers from entering onto the quarry or plant site:(1) One (1) or a combination of the following will be installed around the …

(a) The operator is required to document and respond to complaints by neighbors and citizens as they relate to the requirements of this subchapter. A record of the complaints and responses will be kept on file at the quarry office or company office for a minimum of two (2) years …

(a) In order to assure that all reclamation is completed as required and within a reasonable length of time, the operator shall submit a bond or substitute security used specifically for the quarry described in the legal description of the notification of intent. The bond or subs…

An operator may request and obtain an adjudicatory hearing and review by the Arkansas Pollution Control and Ecology Commission of any decision by the Director of the Division of Environmental Quality to enforce the provisions of this subchapter, including any action to impose a c…

(a) The Division of Environmental Quality shall collect fees, fines, and bond forfeiture amounts pursuant to this subchapter. (b) These revenues, along with gifts, grants, donations, and other funds received under this subchapter, including all interest earned, shall be deposited…