014.06.02 Ark. Code R. § 002

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.06.02 Ark. Code R. § 002
• Year: 2023

SUBCHAPTER A C GENERAL

PART 700 C GENERAL SECTION 700.1 TITLE AND SCOPE 5-27-99 These regulations which establish the procedures through which the Arkansas Department of Environmental Quality will implement the Surface Coal Mining and Reclamation Act of 1979, shall be known as the Arkansas Surface Coal Mining and Reclamation Code, hereinafter the Code. (a) Subchapter A contains introductory information intended to serve as a guide to the rest of the Chapter and to the regulatory requirements and definitions generally applicable to the programs and persons covered by the Act. (b) Subchapter F implements the requirements of the Act for - (1) Designating lands which are unsuitable for all or certain types of surface coal mining operations; (2) Terminating designations no longer found to be appropriate; and (3) Prohibiting surface coal mining and reclamation operations on those lands or areas where the Act states that surface coal mining operations should not be permitted or should be permitted only after specified determinations are made. (c) Subchapter G governs applications for and decisions on permits for surface coal mining and reclamation operations on non-Federal lands under the State program. It also governs coal exploration and permit application and decisions on permits for special categories of coal mining on non-Federal lands under the State program Regulations implementing the experimental practices provision of the Act are also included in Subchapter G. (d) Subchapter J sets forth requirements for performance bonds and public liability insurance for both surface mining and underground mining activities. (e) Subchapter K sets forth the environmental and other performance standards which apply to coal exploration and to surface coal mining and reclamation operations under the State program. Performance standards applicable to special mining situations such as anthracite mines steep slope mining, and prime farmlands are included. (f) Subchapter L sets forth the inspection enforcement, and civil penalty provisions that apply to the State program. (g) Subchapter M sets forth the requirements for the training, examination, and certification of blasters. (h) Subchapter R sets forth the regulations for the abandoned mine land reclamation program These regulations include the fee collection requirements and the mechanisms for implementing the State portion of the abandoned mine land reclamation program. SECTION 700.2 OBJECTIVE 5-29-80 The objective of these regulations is to fulfill the purposes of the Act found in Section Pollution Control and Ecology Commissionundefined3 in a manner which is consistent with the language of the Act, its legislative history, other applicable laws, and judicial interpretations. SECTION 700.5 DEFINITIONS 5-27-99 As used throughout this Code the following terms have the specified meaning except where otherwise indicated - Act means the Surface Coal Mining and Reclamation Act of 1979. Anthracite means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society of Testing and Materials under the title, Standard Specification for Classification of Coals by Rank, ASTM D 388-77 on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223. This publication is hereby incorporated by reference as it exists on the date of adoption of these regulations. Notices of changes made to this publication will be periodically published by the Department. This ASTM Standard is on file and available for inspection at the central office of the Department. Copies of this publication may also be obtained by writing to Office of Surface Mines, U.S. Department of the Interior, South Interior Bldg Washington, DC 20240. Central Office means the general office of the Arkansas Department of Environmental Quality at 8001 National Drive, Little Rock, Arkansas. Coal means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of 'anthracite' above. Commission means the Arkansas Pollution Control and Ecology Commission, or such department, commission, bureau or agency as shall lawfully succeed to the powers and duties of said Commission. Department means the Arkansas Department of Environmental Quality. Director means the Director of the Arkansas Department of Environmental Quality or his authorized representative. Federal lands means any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands. Federal lands program means a program established by the Secretary pursuant to Section 523 of Public Law 95-87 to regulate surface coal mining and reclamation operations on Federal lands. Field Offices means such offices other than the central office that the Department may maintain throughout the State for administering and enforcing the State program. Fund means the Abandoned Mine Reclamation Fund established pursuant to Section Pollution Control and Ecology Commissionundefined5(c) (l 9) of the Act. Indian tribe means any Indian tribe, band, group, or community having a governing body recognized by the Secretary. OSM Director means the Director, Office of Surface Mining Reclamation and Enforcement, or the Director's representative. OSM means the Office of Surface Mining Reclamation and Enforcement established under Title II of Public Law 95-87. OSM Regional Director means a Regional Director of OSM or a Regional Director's representative. Person means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, partnership, association, society, j oint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of Federal, State or local government including any publicly owned utility or publicly owned corporation of Federal, State, or local government. Person having an interest which is or may be adversely affected or person with a valid legal interest shall include any person - (a) Who uses any resource of economic, recreational, aesthetic, or environmental value that may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Commission, the Department, or the Director; or (b) Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Commission, the Department, or the Director. Public Law 95-87 means the Surface Mining Control and Reclamation Act of 1977. Public office means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours. Secretary means the Secretary of the Interior or the Secretary's representative. State program means a program established by the Department and approved by the Secretary of the Interior pursuant to Public Law 95-87. Section Pollution Control and Ecology Commissionundefined503 to regulate surface mining and reclamation operations on lands with the State. If a cooperative agreement under 30 CFR 745 has been executed, the State program may apply to Federal lands, in accordance with the terms of the agreement. Surface coal mining operations means (a) Activities conducted on the surface of lands in connection with a surface coal mine or, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal for interstate commerce at or near the mine-site, provided, these activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16 2/3 per cent of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to Section Pollution Control and Ecology Commissionundefined13 of the Act; and provided further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and, (b) Areas upon which the activities described in paragraph (a) above occur or where those activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such...