§ 15-71-114 - Permit required for field seismic operations.
15-71-114. Permit required for field seismic operations.
(a) (1) Any person or entity desiring to perform field seismic operations in the state shall make application to the Oil and Gas Commission for a permit to do so.
(2) (A) The application for a permit shall be made on forms prescribed by the commission.
(B) The application shall include the name and principal business address of the applicant, the location in the state where the applicant plans to conduct field seismic operations, a designated agent for service of process in Arkansas, and such other information as may be prescribed by regulation of the commission.
(3) (A) The application shall be accompanied by a financial assurance acceptable to the commission in the amount of fifty thousand dollars ($50,000) or such larger amount as may be prescribed by the commission not to exceed two hundred fifty thousand dollars ($250,000).
(B) The financial assurance shall be executed by the applicant, as principal, and a corporate surety approved by the commission and shall be conditioned that the permittee shall pay all damages resulting from the seismic operations.
(C) The financial assurance shall be maintained at an amount not less than fifty thousand dollars ($50,000) nor more than two hundred fifty thousand dollars ($250,000) as may be set by the commission, so long as the permittee is conducting field seismic operations in the state and until released by the commission.
(D) (i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations.
(ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules and regulations of the commission promulgated under this section.
(b) The commission shall have authority to make such reasonable rules, regulations, and orders as necessary from time to time for the proper administration and enforcement of this section and to require the payment of a registration fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for registration filed under this section. However, in no event shall the fee exceed five hundred dollars ($500).
(c) It is unlawful for any person or entity to perform any field seismic operations in the state unless the person or entity first obtains a permit to do so as provided for in this section.
(d) (1) Any person who conducts any field seismic operation in the state without having obtained a permit under this section or without having fully complied with the provisions of this section or any rules and regulations adopted by the commission under this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) for each day the operation continues.
(2) Any person who, for the purpose of evading this section or any rule, regulation, or order made under this section, intentionally makes or causes to be made any false entry or statement of fact in any application report required to be made by this section or by any rule, regulation, or order made under this section, or who, for such a purpose, omits to make or causes to be omitted, any entry, statement of fact, or report required to be made by this section or any rule, regulation, or order made under this section, or who, for such a purpose, moves out of the jurisdiction of the state, shall be guilty of a misdemeanor and shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term of not more than six (6) months, or to both such fine and imprisonment.