§ 15-58-302 — Conditions, practices, and violations causing imminent danger or harm - Cessation order

Arkansas § 15-58-302

• Jurisdiction: Arkansas
• Title: 15

Text

(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines, on the basis of an inspection or other available information, that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or of a permit condition required by this chapter or the rules issued pursuant to this chapter, and that this condition, practice, or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative or agent shall immediately issue a cessation order in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter requiring the immediate termination of all surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation. (b) The cessation order shall remain in effect until the director or his or her authorized representative determines that the condition, practice, or violation has been abated or until the order has been modified, vacated, or terminated by the director or his or her authorized representative. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing. (c) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 - 15-58-211 . (d) Where the director or his or her authorized representative finds that the ordered cessation of surface coal mining and reclamation operations or any portion thereof will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall, in addition to and as part of the cessation order, impose affirmative obligations on the operator requiring him or her to take whatever steps are deemed necessary to abate the imminent danger of the significant environmental harm.

Legislative History

Amended by Act 2019, No. 315,§ 1196, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3149, eff. 7/1/2019. Acts 1979, No. 134, § 23; 1979, No. 647, § 7; A.S.A. 1947, § 52-957.