August 13, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) issued a Default Administrative Order (“DAO”) to Sebastian Mining, LLC (“Sebastian”). See LIS No. 20-130.
The DAO indicates that Sebastian has operated a coal mine in Hartford, Arkansas.
The DAO states that the DEQ Director previously issued a Notice of Default and Bond Forfeiture and Order to Show Cause to Sebastian. The document is attached as an Exhibit to the DAO.
The DAO further asserts that the previously referenced document was served on Sebastian and all applicable parties as required by Arkansas Pollution Control and Ecology Commission Rule 20 and public noticed on March 8th and March 15th.
Sebastian is alleged to have not submitted a timely objection and request for hearing in response to this document. As a result, the DAO asserts that pursuant to Arkansas Pollution Control and Ecology Commission Regulation 8.402, the allegations contained in the document are deemed proven.
Two collateral bonds and a surety bond, as referenced in the DAO, are stated to be forfeited to DEQ. The DAO is asserted to authorize DEQ to proceed to collect the forfeited amounts and use the funds collected from the forfeiture to fund reclamation activities.
A copy of the DAO without the exhibits can be downloaded here.
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