Ark. Code Ann. § 15-57-317: Bond forfeiture proceedings

(a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to: (1) Failure to abate any violation of this subchapter or any rule promulgated thereunder; (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond; (3) Failure to comply with any order of the division; (4) Failure to reclaim any affected land in accordance with this subchapter; or (5) Insolvency, bankruptcy, or receivership of the operator. (b) The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter. Amended by Act 2019, No. 315,§ 1166, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3108, eff. 7/1/2019. Acts 1991, No. 827, § 16; 1999, No. 1526, § 8.

(a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to: (1) Failure to abate any violation of this subchapter or any rule promulgated thereunder; (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond; (3) Failure to comply with any order of the division; (4) Failure to reclaim any affected land in accordance with this subchapter; or (5) Insolvency, bankruptcy, or receivership of the operator.

(1) Failure to abate any violation of this subchapter or any rule promulgated thereunder;

(2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond;

(3) Failure to comply with any order of the division;

(4) Failure to reclaim any affected land in accordance with this subchapter; or

(5) Insolvency, bankruptcy, or receivership of the operator.

(b) The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter.