§ 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.

Legislative History

Amended by Act 2019, No. 315,§ 1191, eff. 7/24/2019. Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.