§ 15-57-408 - Notifications of exhausted quarry. - Arkansas Statutes

15-57-408. Notifications of exhausted quarry.

(a) When a quarry becomes exhausted, the operator will notify the Arkansas Department of Environmental Quality by registered mail that the quarry is an exhausted quarry. This notification will contain the following:

(1) Updated information as required for the notification of intent to quarry per 15-57-404(a)(1);

(2) The beginning date of quarry reclamation must be within six (6) months of the notification of exhausted quarry;

(3) The anticipated date reclamation will be completed. All earthwork and revegetation must be completed within the specified time. If revegetation is not approved, the operator will have another year to complete seeding, as required; and

(4) The quarry reclamation map should contain the following:

(A) Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other manmade structures, and unaffected areas;

(B) The map shall show planned reclamation according to the requirements of the reclamation plan; and

(C) The affected land acreage to be reclaimed will be shown to the nearest acre.

(b) If the operator fails to notify the department of this change of status, the department will notify the operator by citation. The operator will then have sixty (60) days to file said notification and commence with plans to reclaim quarry site as per the requirements of this subchapter.

(c) If the operator fails to file notification within the required sixty (60) days, the department may levy a fine of one hundred dollars ($100) per day by citation to the operator until notification is received by the department. The maximum fine is five thousand dollars ($5,000).

(d) If the operator fails to notify the department within sixty (60) days and the fine is in effect, then the department may declare the operator in default and order the operator to begin reclamation as required or the department may forfeit bond and issue a contract to have the site reclaimed as per the reclamation plan.