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Chapter 55 - General Provisions
Subchapter 2 - Arkansas Geological Survey
§ 15-55-201. Creation - There is created and established at the seat of government...
§ 15-55-202. Members - (a) The Arkansas Geological Survey shall consist of seven (7)...
§ 15-55-203. Organization — Meetings - (a) The Arkansas Geological Survey shall from time to time...
§ 15-55-204. State Geologist - (a) (1) The State Geologist shall be appointed by and...
§ 15-55-205. Geological assistants and engineers - (a) It shall be the duty of the State Geologist,...
§ 15-55-206. Office — Seal - (a) The officer or commission having custody of the public...
§ 15-55-207. Powers - The Arkansas Geological Survey shall also have the authority to:...
§ 15-55-208. Duties - (a) It shall be the duty of the commission to...
§ 15-55-209. Notice to agencies of location and extent of state minerals - From time to time, the Arkansas Geological Survey shall bring...
§ 15-55-210. Reports of investigations - (a) It shall be the duty of the State Geologist...
§ 15-55-211. State and federal expense sharing - (a) The State of Arkansas shall pay the portion of...
§ 15-55-212. Deposit of moneys into State Treasury - The Arkansas Geological Survey shall deposit all moneys received from...
§ 15-55-213. Access to information - The Arkansas Geological Survey and the Division of Information Systems...
Subchapter 3 - Geological Survey
§ 15-55-301. Purposes - (a) The State Geologist shall, upon consultation with and approval...
§ 15-55-302. Free access to public records - (a) The work of the geological survey shall commence as...
§ 15-55-303. Mineral discoveries — Notice - (a) When at any time during the progress of the...
Subchapter 4 - Lignite Development Act
§ 15-55-401. Title - This subchapter shall be known and may be cited as...
§ 15-55-402. Findings - The General Assembly finds: (1) Lignite in Arkansas is a...
§ 15-55-403. Arkansas Lignite Resources Pilot Program - (a) There is created a program to be known as...
§ 15-55-404. Participation in other grant programs - The Arkansas Lignite Resources Pilot Program may participate in federal,...
§ 15-55-405. Reporting - Representatives from Southern Arkansas University, the Arkansas Geological Survey, and...
Chapter 56 - Mineral Lands And Interests
Subchapter 2 - Mining Claims on Public Lands
§ 15-56-201. Recording mining claim notices - In every county in this state in which lands containing...
§ 15-56-202. Recording fees - (a) The fees for recording mining location notices shall be...
§ 15-56-203. Affidavit of assessment work - On or before December 31 of any year in which...
§ 15-56-204. Establishment of possessory right to claim — Right of action against claimant - (a) When any owner or claimant of any mining claim...
§ 15-56-205. Indexed plat book - (a) (1) It shall be the duty of the recorder...
Subchapter 3 - Leases Generally
§ 15-56-301. Multiple owner authority to lease mineral lands — Mineral defined - (a) Whenever any mineral lands in fee, or severed mineral...
§ 15-56-302. Summons — Validity of lessee's title - (a) Summons shall be issued and served as in other...
§ 15-56-303. Parties in interest — Right to appear or intervene - Any persons having or claiming an interest in mineral lands...
§ 15-56-304. Petition to lease or operate — Parties defendant - Any owners, partners, or corporate shareholders, or parties as set...
§ 15-56-305. Receiver — Disposition of proceeds - (a) Upon the filing of the petition, the circuit court...
§ 15-56-306. Reporting and approval of leases - (a) A lease executed by a receiver, when acknowledged and...
§ 15-56-307. Sale of land or mineral rights — Lease unaffected - The lease executed by the receiver under the approval of...
§ 15-56-308. Discharge of receiver — Accounting - Upon any lease or contract being executed by the receiver...
§ 15-56-309. Execution of agreements subsequent to discharge of receiver - After discharge of the receiver, if it should become necessary...
§ 15-56-310. In rem proceedings against unleased interest in minerals - The proceedings provided for in this subchapter shall be for...
§ 15-56-311. Failure of lessee to report output - Any person, firm, or corporation leasing lands in this state...
Subchapter 4 - Leases by Life Tenants
§ 15-56-401. Exemptions - This subchapter shall not apply to the execution of oil...
§ 15-56-402. Authority to execute leases - Whenever any land in this state is devised by will...
§ 15-56-403. Petition to lease by life tenant — Contents - (a) Whenever any life tenant shall desire to lease any...
§ 15-56-404. Court determination - (a) The court shall consider the petition and may in...
§ 15-56-405. Court order — Disposition of royalties - (a) If the court after hearing as provided in §...
§ 15-56-406. Trustee - (a) The trustee shall be under the continuing control of...
§ 15-56-407. Confirmation of lease by court — Effect - (a) After the trustee has executed the bond required by...
§ 15-56-408. Divestiture of contingent remaindermen's title - The order of the court fixing the proportionate part of...
§ 15-56-409. Service of process on respondents — Hearing on petition - Service of process shall be had upon the respondents in...
Subchapter 5 - Railways on Mineral Lands
§ 15-56-501. Short line roads authorized - All persons owning or controlling by lease or purchase any...
§ 15-56-502. Rights-of-way acquisition and operation - All incorporations provided for shall: (1) Be governed by the...
§ 15-56-503. Rights, powers, and privileges of common carrier - When so incorporated and constructed, short lines of railway and...
§ 15-56-504. Rights to connections, crossings, and transfer - All such short lines of railway or tramway shall have...
§ 15-56-505. Passenger equipment - All short lines of railway or tramway not exceeding six...
Chapter 57 - Mining And Reclamation Generally
Subchapter 2 - Voluntary Reclamation by Landowners
§ 15-57-201. Reclamation to be voluntary - Any land reclamation or improvement conducted by the owner of...
§ 15-57-202. Exemption from land reclamation laws - (a) The owners of lands on which are situated open-cut...
§ 15-57-203. Notice of proposed reclamation — Investigation - (a) Any owner of such lands who wishes to make...
§ 15-57-204. Quartz crystal mined on private property - (a) A person who owns both the surface rights and...
Subchapter 3 - Arkansas Open-Cut Land Reclamation Act
§ 15-57-301. Title - This subchapter shall be known and cited as “The Arkansas...
§ 15-57-302. Declaration of policy - It is declared to be the policy of this state...
§ 15-57-303. Definitions - As used in this subchapter: (1) “Affected land” means the...
§ 15-57-304. Violations - (a) It shall be unlawful for any person to: (1)...
§ 15-57-305. Civil and administrative penalties - (a) Civil Penalties. The Division of Environmental Quality is authorized...
§ 15-57-306. Administration - The Division of Environmental Quality through the Director of the...
§ 15-57-307. Rules - The Arkansas Pollution Control and Ecology Commission may adopt and...
§ 15-57-308. Technical and financial assistance - The Division of Environmental Quality shall have the authority to...
§ 15-57-309. Entry on lands for inspection - The Division of Environmental Quality or its designated representatives may...
§ 15-57-310. Necessity of permit — Effective date - (a) It shall be unlawful for any operator to engage...
§ 15-57-311. Application for permit — Fee — Bond - (a) Any person desiring to engage in open-cut mining shall...
§ 15-57-312. Permit as state property - Although issued to the operator, the permit is at all...
§ 15-57-313. Withdrawal of land covered by permit - An operator may withdraw any land covered by a permit,...
§ 15-57-314. Extension of permit - Where the area for which a permit is in effect...
§ 15-57-315. Duties of operator - Any operator of an open-cut mine will be subject to...
§ 15-57-316. Bond of operator - (a) (1) (A) Any bond provided in this subchapter to...
§ 15-57-317. Bond forfeiture proceedings - (a) The Division of Environmental Quality may institute proceedings to...
§ 15-57-318. Registration of existing open-cut mines - The Division of Environmental Quality shall require registration of all...
§ 15-57-319. Land Reclamation Fund — Permit fee - (a) A Land Reclamation Fund is established on the books...
§ 15-57-320. Exemptions - (a) Nothing in this subchapter shall be construed to require...
Subchapter 4 - Quarry Operation Reclamation, Operation, and Safe Closure
§ 15-57-401. Title - This subchapter shall be known and may be cited as...
§ 15-57-402. Definitions - As used in this subchapter: (1) “Active” means a quarry...
§ 15-57-403. Notification — Filing — Public notice and response - (a) It shall be unlawful for any operator to engage...
§ 15-57-404. Notification of intent to quarry - (a) (1) Except for operators of quarries excluded by §...
§ 15-57-405. Notification of temporarily closed quarry - (a) Quarry sites in which operations are only occasionally conducted...
§ 15-57-406. Notification of reactivated quarry - Prior to resuming operation in a temporarily closed quarry, an...
§ 15-57-407. Notification refiling required - (a) Every five (5) years all notifications of intent to...
§ 15-57-408. Notifications of exhausted quarry - (a) When a quarry becomes exhausted, the operator will notify...
§ 15-57-409. Reclamation of land at exhausted quarry site - (a) When the quarry is exhausted, the planned reclamation of...
§ 15-57-410. Site safety - The quarry operator will take the following measures to safeguard...
§ 15-57-411. Complaints of violations of this subchapter - (a) The operator is required to document and respond to...
§ 15-57-412. Bond - (a) In order to assure that all reclamation is completed...
§ 15-57-413. Hearing - An operator may request and obtain an adjudicatory hearing and...
§ 15-57-414. Distribution of fees, fines, and forfeiture amounts - (a) The Division of Environmental Quality shall collect fees, fines,...
Chapter 58 - The Arkansas Surface Coal Mining And Reclamation Act
Subchapter 1 - General Provisions
§ 15-58-101. Title - This chapter shall be known and may be cited as...
§ 15-58-102. Legislative findings - The General Assembly of the State of Arkansas finds, and...
§ 15-58-103. Declaration of policy - The General Assembly of the State of Arkansas declares that...
§ 15-58-104. Definitions - As used in this chapter: (1) “Affected governmental agency” means...
§ 15-58-105. Public agencies, utilities, and corporations - Any agency, unit, or instrumentality of federal, state, or local...
§ 15-58-106. Exempt activities - This chapter does not apply to any of the following...
§ 15-58-107. Water rights and replacement - (a) Nothing in this chapter shall be construed as affecting...
Subchapter 2 - Administration
§ 15-58-201. Division — Jurisdiction, powers, and duties - (a) The Division of Environmental Quality is designated as the...
§ 15-58-202. Commission — Powers and duties - (a) The authority shall be vested in the Arkansas Pollution...
§ 15-58-203. Director — Powers and duties - (a) The authority shall be vested in the Director of...
§ 15-58-204. Adoption of rules - (a) Before the adoption, amendment, or repeal of any rule,...
§ 15-58-205. Inspections - (a) The Director of the Division of Environmental Quality shall...
§ 15-58-206. Prohibition on enforcement personnel having financial interest - (a) No person performing any function or duty under this...
§ 15-58-207. Public hearing — Procedures - (a) The Director of the Division of Environmental Quality or...
§ 15-58-208. Public hearing — Examiners - (a) For the purpose of receiving and responding to written...
§ 15-58-209. Adjudicatory hearing — Application for review - (a) A permittee or any person having an interest which...
§ 15-58-210. Adjudicatory hearing — Presiding officers - (a) The following persons shall preside at an adjudicatory public...
§ 15-58-211. Adjudicatory hearing — Procedures generally - (a) In any adjudicatory public hearing, if a person refuses...
§ 15-58-212. Judicial review - (a) Any person who participated in the administrative proceeding may...
§ 15-58-213. Administrative and judicial review — Costs - Whenever an order is issued as a result of a...
Subchapter 3 - Violations and Penalties
§ 15-58-301. Violations not causing imminent danger or harm — Cessation order - (a) If the Director of the Division of Environmental Quality...
§ 15-58-302. Conditions, practices, and violations causing imminent danger or harm — Cessation order - (a) If the Director of the Division of Environmental Quality...
§ 15-58-303. Pattern violations — Order to show cause - (a) On the basis of an inspection, if the Director...
§ 15-58-304. Violating a condition of a permit or order — Criminal penalties - (a) Any person who willfully and knowingly violates a condition...
§ 15-58-305. Interfering with the director or his or her agents — Criminal penalties - Any person who shall, except as permitted by law, willfully...
§ 15-58-306. False statement, representation, or certification — Criminal penalties - A person who knowingly makes a false statement, representation, or...
§ 15-58-307. Civil penalties generally - (a) Any person who violates any permit condition or who...
§ 15-58-308. Civil actions — Injunctions, etc - (a) The Arkansas Pollution Control and Ecology Commission or the...
§ 15-58-309. Right of private action - (a) Any person having an interest which is or may...
Subchapter 4 - State Abandoned Mine Reclamation Program
§ 15-58-401. Lands eligible - (a) Lands and water eligible for reclamation or drainage abatement...
§ 15-58-402. State priorities - Expenditure of moneys from the fund on lands and water...
§ 15-58-403. Costs of projects - The costs for each proposed project under the abandoned mine...
§ 15-58-404. Abatement of adverse effects — Lien - (a) The Director of the Division of Environmental Quality or...
§ 15-58-405. Right of entry - (a) The Director of the Division of Environmental Quality or...
§ 15-58-406. Condemnation - (a) The Director of the Division of Environmental Quality, personally...
§ 15-58-407. Use of acquired lands — Public hearing - (a) The Arkansas Pollution Control and Ecology Commission, pursuant to...
Subchapter 5 - Surface Coal Mining Regulation
§ 15-58-501. Designation of land as unsuitable - (a) The Arkansas Pollution Control and Ecology Commission shall issue...
§ 15-58-502. Necessity of permit — Application - (a) Any person in expectation of conducting surface coal mining...
§ 15-58-503. Rules generally - (a) (1) The Arkansas Pollution Control and Ecology Commission shall...
§ 15-58-504. Exploration operations - (a) Coal exploration operations which substantially disturb the natural land...
§ 15-58-505. Filing objections to permits - Any person having an interest which is or may be...
§ 15-58-506. Permit renewal - (a) Any valid permit issued pursuant to this chapter shall...
§ 15-58-507. Termination of permit - (a) A permit shall terminate if the permittee has not...
§ 15-58-508. Fees — Surface Coal Mining Operation Fund - (a) Each application for a surface coal mining permit or...
§ 15-58-509. Performance bonds - (a) After a surface coal mining and reclamation permit application...
§ 15-58-510. Environmental protection performance standards - (a) Any permit issued pursuant to this chapter to conduct...
Chapter 60 - Mercury Refiners
§ 15-60-101. Chapter cumulative - This chapter is not intended to repeal any law now...
§ 15-60-102. Penalty - Any violation of this chapter, or any part thereof, is...
§ 15-60-103. License required - It shall be unlawful for any person, association, partnership, copartnership,...
§ 15-60-104. License application - (a) The application for a license authorizing the carrying on...
§ 15-60-105. Contents of license - Every license issued by the county clerk shall: (1) Contain...
§ 15-60-106. License tax - (a) Every person, group of persons, association, partnership, copartnership, firm,...
§ 15-60-107. Receipt prerequisite to license issuance - Before any county clerk shall issue a license to any...
§ 15-60-108. License issuance and expiration - Every license granted shall date from the first day of...
§ 15-60-109. Record of license application and issuance - It shall be the duty of the county clerk to...
§ 15-60-110. Payment of clerk and sheriff - (a) The clerk shall be entitled to and receive from...
§ 15-60-111. Records to be kept by refiners and purchasers of ore - It shall be the duty of every person, group of...
§ 15-60-112. Records to be kept by purchasers of refined mercury for resale - It shall be the duty of every person, group of...
§ 15-60-113. Inspection and preservation of records - The records required to be kept by §§ 15-60-111 and...
§ 15-60-114. Failure to preserve records or permit inspection — False statements in application - Any licensee under this chapter shall forfeit his, her, or...
§ 15-60-115. Disposition of funds - All license taxes collected, forfeited bail received, and fines collected...