(a) The Division of Environmental Quality:

1. (1) Shall seek compliance with The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part through the cooperation of all regulated parties; and
2. (2) Will afford suspected violators a reasonable opportunity to resolve violations through informal procedures prior to the initiation of administrative enforcement proceedings unless circumstances warrant otherwise.

(b) It shall be unlawful for any person to:

1. (1) Violate any provision of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., this part, or order of the Arkansas Pollution Control and Ecology Commission or the division issued pursuant to The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part;
2. (2) Engage in open-cut or streambed mining without a permit issued pursuant to The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part;
3. (3) Violate any conditions of a permit or reclamation plan issued pursuant to The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part;
4. (4) Knowingly make any false statement, representation, or certification or knowingly fail to make a statement, representation, or certification in any application, plan, record, report, or other document filed or required to be maintained under The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part; or
5. (5) Willfully resist, prevent, impede, or interfere with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part.

(c)

1. (1) Any person who engages in open-cut or streambed mining without first securing a permit as required by the act and this part or who fails to reclaim affected lands in accordance with the act or this part or who violates any provision of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part or any order, rule, permit, or reclamation plan issued pursuant thereto, may be issued a Notice of Violation and assessed an administrative civil penalty by the division not to exceed:

   1. (A) One thousand dollars ($1,000) for the first violation;
   2. (B) Two thousand five hundred dollars ($2,500) for a second, separate violation of the same offense within two (2) years; and
   3. (C) Five thousand dollars ($5,000) for a third, separate, or subsequent violation of the same offense within two (2) years.

2. (2) No administrative civil penalty may be assessed until the person charged with the violation has:

   1. (A) Been given the opportunity for a hearing; and
   2. (B) Exhausted all administrative appellate remedies.
3. (3) The amount of the administrative civil penalty assessed by the division shall be determined pursuant to the commission’s administrative rules and procedures.

(d) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following:

1. (1) Restrain any violation of, or compel compliance with:

   1. (A) The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.;
   2. (B) This part;
   3. (C) The permit;
   4. (D) The reclamation plan; or
   5. (E) Any order or rule issued pursuant thereto;
2. (2) Accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purpose and intent of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part, including the reclamation of affected land;
3. (3) Recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part and reclaiming affected land;

4. (4) Assess civil penalties for violations of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or of any order, rule, permit, or reclamation plan issued pursuant thereto, in an amount not to exceed:

   1. (A) One thousand dollars ($1,000) for the first violation;
   2. (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and
   3. (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years;
5. (5) Recover civil penalties assessed by the division; or
6. (6) Forfeit the reclamation bond.

(h) The division 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. (1) Failure to abate any violation of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., or this part;
2. (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond;
3. (3) Failure to comply with any order of the division;

4. (4) Failure to reclaim the affected land in accordance with:

   1. (A) The approved reclamation plan;
   2. (B) The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq.; or
   3. (C) This part; or
5. (5) Insolvency, bankruptcy, or receivership of the permittee.