Arkansas Code Title 15. Natural Resources and Economic Development § 15-57-305. Civil and administrative penalties

(1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto;

(2) To accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, including the reclamation of affected land;

(3) To recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of this subchapter and reclaiming affected land;

(4) To assess civil penalties for violations of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto in an amount not to exceed:

(5) To recover civil penalties assessed pursuant to subsections (b) and (c) of this section; or

(6) To forfeit a reclamation bond.

(1) Any person who engages in open-cut mining without first securing a permit as required by this subchapter or who fails to reclaim affected lands in accordance with this subchapter or who violates any provision of this or any order, rule, permit, or reclamation plan issued pursuant thereto, may be assessed an administrative civil penalty by the division not to exceed:

(2) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies.

(3) The amount of the administrative civil penalty shall be determined in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission, including, but not limited to, the rules on civil penalties.