(a) Conditions, practices, or violations warranting
a cessation order.
(1) An authorized representative of the Commission
shall immediately order a cessation of surface coal mining and reclamation
operations or of the relevant portion thereof, if he or she finds,
on the basis of any inspection, any condition or practice, or any
violation of the Act, this chapter (relating to Coal Mining Regulations),
or any condition of an exploration approval or permit imposed under
the Act or this chapter (relating to Coal Mining Regulations), which:
(A) creates an imminent danger to the health or safety
of the public; or
(B) is causing or can reasonably be expected to cause
significant, imminent environmental harm to land, air, or water resources.
(2) Surface coal mining and reclamation operations
conducted by any person without a valid surface coal mining permit
constitute a condition or practice which causes or can be expected
to cause significant, imminent environmental harm to land, air, or
water resources.
(3) If the cessation ordered under subsection (a)(1)
of this section will not completely abate the imminent danger or harm
in the most expeditious manner physically possible, the authorized
representative of the Commission shall impose affirmative obligations
on the person to whom it is issued to abate the condition, practice,
or violation. The order shall specify the time by which abatement
shall be accomplished and may require, among other things, the use
of existing or additional personnel and equipment.
(b) Failure to abate a notice of violation.
(1) An authorized representative of the Commission
shall immediately order a cessation of coal exploration or surface
coal mining and reclamation operations, or of the relevant portion
thereof, when a notice of violation has been issued under §12.678(a)
of this title (relating to Notices of Violation) and the person to
whom it was issued fails to abate the violation within the abatement
period fixed or subsequently extended by the authorized representative.
(2) A cessation order issued under this subsection
shall require the person to whom it is issued to take all steps the
authorized representative of the Commission deems necessary to abate
the violations covered by the order in the most expeditious manner
physically possible.
(c) Form of cessation order. A cessation order issued
under subsections (a) or (b) of this section shall be in writing,
signed by the authorized representative who issues it, and shall set
forth with reasonable specificity:
(1) the nature of the violation;
(2) the remedial action or affirmative obligation required,
if any, including interim steps, if appropriate;
(3) the time established for abatement, if appropriate,
including the time for meeting any interim steps; and
(4) a reasonable description of the portion of the
coal exploration or surface coal mining and reclamation operation
to which it applies. The order shall remain in effect until the condition,
practice or violation has been abated or until vacated, modified or
terminated in writing by an authorized representative of the Commission.
The Commission, within 60 days after issuing the cessation order,
shall notify in writing any person who has been identified as owning
or controlling the permittee, that the cessation order was issued
and that the person has been identified as an owner or controller.
(d) Continuing activities during cessation. Reclamation
operations and other activities intended to protect public health
and safety and the environment shall continue during the period of
any order unless otherwise provided in the order.
(e) Modification, termination, and vacation. An authorized
representative of the Commission may modify, terminate or vacate a
cessation order for good cause, and may extend the time for abatement
if the failure to abate within the time previously set was not caused
by lack of diligence on the part of the person to whom it was issued.
(f) Termination of cessation order. An authorized representative
of the Commission shall terminate a cessation order, by written notice
to the person to whom the order was issued, when he determines that
all conditions, practices or violations listed in the order have been
abated. Termination shall not affect the right of the Commission to
assess civil penalties for those violations under §§12.686
- 12.694 of this title (relating to Civil Penalties).
(g) Notification. Within 60 days after issuing a cessation
order, the Commission will notify in writing the permittee, the operator,
and any person who has been listed or identified by the applicant,
permittee, or OSM as an owner or a controller of the operation, as
defined in §12.3 of this title (relating to Definitions).
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