§ 15-57-403 - Notification -- Filing -- Public notice and response.
15-57-403. Notification -- Filing -- Public notice and response.
(a) It shall be unlawful for any operator to engage in a quarrying operation without first submitting to the Arkansas Department of Environmental Quality a "notification of intent to quarry" or a "notification of reactivated quarry" in accordance with this subchapter. The submittal, with returned receipt, shall enable the operator to begin or continue quarrying as long as the required reclamation bond is in force and proof of public notification is included. An operator shall be deemed to be quarrying from the time he or she begins start-up until reclamation is completed at the exhausted quarry.
(b) Only new quarries or any land purchased or leased for a quarry after January 1, 1997, will be subject to this subchapter.
(c) There will be no requirements for a "notification of intent" to be filed with the department for temporarily closed or exhausted quarries in existence prior to January 1, 1998. These quarries will be exempt from the requirements of this subchapter unless reactivated.
(d) A new notification of intent to quarry shall be required if a change in the majority ownership of an operator occurs.
(e) Representatives of the department may make regular site visits to quarry operations, as necessary, to determine compliance with the requirements of the operator's notification. On these visits the operator will make his or her quarry operation accessible to the department.
(f) Upon receipt of notifications of intent, the department will have ninety (90) days to respond to the operator by certified mail to errors or omissions, or both, in the notifications.
(g) On completion of a notification, the department will issue the operator a notice which will be posted on quarry premises at all times when the quarry is in operation and which will state:
"Name of company has completed the requirements, as set out by the 'Arkansas Quarry Operation, Reclamation and Safe Closure Act' of 1997, and has the unconditional authorization to quarry at this site, so long as the quarry is in compliance with all laws and regulations for up to five (5) years."
(h) The department, upon finding the operator to be out of compliance with the requirements of his or her "notification" may issue warnings, citations, and notices of default to the operator.
(i) All filings and other communication will be by certified mail.
(j) (1) (A) An operator will give notice to the public in a local newspaper of general circulation that he or she intends to open or reactivate a quarry.
(B) (i) The notification will be part of an operator's intent and will be published in the newspaper at the same time the intent is filed with the department.
(ii) Proof of publication shall be provided to the department in the operator's notice of intent.
(C) The notification will indicate the approximate location of the quarry using section, township, and range plus a road address or identifiable local landmarks when possible, the date of start up and the date the operator plans to temporarily close, if applicable, as well as the operator's name, address, phone number, and contact person.
(D) The notification shall state that interested parties may contact the department for further information and that they have ten (10) days after publication of the notice to notify the department of any request for a public meeting.
(2) (A) If the department receives at least five (5) requests for a public meeting from owners of property within one-half (1/2) mile of the quarry, it may require that the operator hold a public meeting.
(B) This public meeting shall be held within two (2) weeks after the expiration of the ten-day public notice period.
(C) This public meeting shall be held in a location near the proposed quarry to allow the public to discuss their interests with the operator prior to start-up.
(3) (A) The operator will keep responses from the public on file for two (2) years.
(B) The department will forward responses it receives to the operator.
(4) The operator will keep a record of all action taken resulting from public responses for two (2) years, notifying the department of each action.