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118.01.15.502. Enforcement

AR ADC 118.01.15.502Arkansas Administrative CodeEffective: December 25, 2021

West's Arkansas Administrative Code
Title 118. Department of Energy and Environment
Division 01. Arkansas Pollution Control and Ecology Commission
Rule 15. Rule NO. 15: Arkansas Open-Cut Mining and Land Reclamation
Chapter Five. Enforcement
Effective: December 25, 2021
Ark. Admin. Code 118.01.15.502
Formerly cited as AR ADC 014.06.1-15.502
118.01.15.502. Enforcement
Currentness
(A) The Division shall seek compliance with the Act and this Rule through the cooperation of all regulated parties and will afford suspected violators a reasonable opportunity to resolve violations through informal procedures prior to the initiation of administrative enforcement proceedings unless circumstances warrant otherwise.
(B) It shall be unlawful for any person to:
(1) Violate any provision of the Act, this Rule or order of the Commission or the Division issued pursuant to the Act or this Rule;
(2) Engage in open-cut or stream bed mining without a permit issued pursuant to the Act or this Rule;
(3) Violate any conditions of a permit or reclamation plan issued pursuant to the Act or this Rule;
(4) Knowingly make any false statement, representation or certification or knowingly fail to make a statement, representation or certification in any application, plan, record, report or other document filed or required to be maintained under the Act or this Rule; or
(5) Willfully resist, prevent, impede or interfere with the Director or any of his or her authorized representatives in the performance of duties pursuant to the Act or this Rule.
(C) Any person who engages in open-cut or stream bed mining without first securing a permit as required by the Act and this Rule or who fails to reclaim affected lands in accordance with the Act or this Rule or who violates any provision of the Act or this Rule or any order, regulations, rule, permit or reclamation plan issued pursuant thereto, may be issued a Notice of Violation and assessed an administrative civil penalty by the Division not to exceed:
(1) One thousand dollars ($1,000) for the first violation;
(2) Two thousand five hundred ($2,500) for a second separate violation of the same offense within two (2) years; and
(3) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years.
(D) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies.
(E) The amount of the administrative civil penalty assessed by the Division shall be determined pursuant to the Commission's administrative rules and procedures.
(F) The Division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following:
(1) Restrain any violation of, or compel compliance with, the Act, this Rule, the permit, the reclamation plan, or any order, rule, or regulation issued pursuant thereto;
(2) Accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purpose and intent of the Act and this Rule, including the reclamation of affected land;
(3) Recover all costs, expenses and damages to the Division or any other agency of the State in enforcing the provisions of the Act and this Rule and reclaiming affected land;
(4) Assess civil penalties for violations of the Act or of any order, rule, regulation, permit, or reclamation plan issued pursuant thereto, in an amount not to exceed:
(a) One thousand dollars ($1,000) for the first violation;
(b) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and
(c) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years;
(5) Recover civil penalties assessed by the Division; or
(6) Forfeit reclamation bond.
(G) For the purposes of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.
(H) As an alternative to the limits on civil or administrative penalties under Rule 15.502(C) or Rule 15.502(F), if a person who is found liable in an action brought under Rule 15.502(C) or Rule 15.502(F) has derived pecuniary gain from the commission of mining without a permit or mining outside of the area authorized in the permit, then the person may be ordered to pay a civil penalty equal to the amount of the pecuniary gain.
(I) All hearings and appeals arising under the Act and this Rule shall be conducted in accordance with the procedures described in Ark. Code Ann. ยง 8-4-218, et seq. and in accordance with rules adopted by the Commission, including, but not limited to, the Commission's rules on administrative procedures.
(J) The Division 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 the Act or this Rule;
(2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond;
(3) Failure to comply with any order of the Division;
(4) Failure to reclaim the affected land in accordance with the approved reclamation plan, the Act or this Rule; or
(5) Insolvency, bankruptcy or receivership of the permittee.
(K) The Division shall notify the operator in writing of the bond forfeiture and the operator shall be given an opportunity for a hearing as provided in this Rule.

Credits

Amended Oct. 5, 2012; March 5, 2014; Dec. 25, 2021.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 118.01.15.502, AR ADC 118.01.15.502
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