Current through Register Vol. 48, No. 12, March 22, 2024
a)
Imminent harm and danger
1) An authorized
representative of the Illinois Department of Natural Resources (Department)
shall immediately order a cessation of surface coal mining and reclamation
operations or of the relevant portion thereof, if he finds, on the basis of any
State inspection, any condition or practice, or any violation of the Surface
Mining Control and Reclamation Act of 1977 (
30 U.S.C.
1201 et seq.) (Federal Act), the Surface Coal
Mining Land Conservation and Reclamation Act [225 ILCS 720 ] (State Act), 62
Ill. Adm. Code 1700-1850 or any condition of an exploration approval or permit
imposed under the Federal Act, the State Act or 62 Ill. Adm. Code 1700-1850
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 operations conducted by any person without a valid surface coal
mining permit constitute a condition or practice which causes or can reasonably
be expected to cause significant, imminent environmental harm to land, air or
water resources, unless such operations:
A)
Are an integral, uninterrupted extension of previously permitted operations,
and the person conducting such operations has filed a timely and complete
application for a permit to conduct such operations; or
B) Were conducted lawfully without a permit
under the interim regulatory program because no permit has been required for
such operations by the State of Illinois.
3) If the cessation order under subsection
(a)(1) will not completely abate the imminent danger or harm in the most
expeditious manner physically possible, the authorized representative of the
Department 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
1) An authorized representative of the
Department 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 Section
1843.12(a)
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 subsection (b)(1) shall require the person to whom it is
issued to take all steps the authorized representative of the Department deems
necessary to abate the violations covered by the order in the most expeditious
manner physically possible.
c) A cessation order issued under subsections
(a) or (b) shall be in writing, signed by the authorized representative who
issues it, and shall set forth with reasonable specificity:
1) The nature of the condition, practice or
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
Department or until the order expires pursuant to Section
1843.15.
d) 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) An
authorized representative of the Department 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) An authorized representative of the
Department 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 Department to assess civil penalties for
those violations under 62 Ill. Adm. Code 1845.
g) Within sixty (60) days after issuing a
cessation order, the Department shall notify in writing any person who has been
identified under 62 Ill. Adm. Code
1773.17(h)
and
1778.13(c) and
(d) as owning or controlling the permittee,
that the cessation order was issued and that the person has been identified as
an owner or controller.