Current through Register Vol. 48, No. 12, March 22, 2024
a) Requirements.
1) The Department shall issue an order to a
permittee requiring him to show cause why his permit and right to mine under
the State Act should not be suspended or revoked, if the Department determines
that a pattern of violations of any requirements of the Federal Act, the State
Act, or 62 Ill. Adm. Code 1700 through 1850 or any permit condition exists or
has existed, and that the violations were caused by the permittee willfully or
through unwarranted failure to comply with those requirements or conditions.
Violations by any person conducting surface coal mining operations on behalf of
the permittee shall be attributed to the permittee, unless the permittee
establishes that they were acts of deliberate sabotage.
2) The Department may determine that a
pattern of violations exists or has existed, based upon 2 or more inspections
of the permit area within any 12 month period, after considering the
circumstances, including:
A) The number of
violations, cited on more than one occasion, of the same or related
requirements of the Federal Act, the State Act, 62 Ill. Adm. Code 1700 through
1850 or the permit;
B) The number
of violations, cited on more than one occasion of different requirements of the
Federal Act, the State Act, 62 Ill. Adm. Code 1700 through 1850 or the permit;
and
C) The extent to which the
violations were isolated departures from lawful conduct.
3) The Department shall promptly review the
history of violations of any permittee who has been cited for violations of the
same or related requirements of the Federal Act, the State Act, 62 Ill. Adm.
Code 1700 through 1850 or the permit during 3 or more State inspections of the
permit area within any 12 month period. If, after such review, the Department
determines that a pattern of violations exists or has existed, an order to show
cause as provided in subsection (a)(1) above shall be issued.
4) Considerations.
A) In determining the number of violations
within any 12 month period, the Department shall consider only violations
issued as a result of a State inspection carried out:
i) During the permanent regulatory program;
or
ii) During the interim
regulatory program and before the applicable State program was approved,
pursuant to Section 502 or 504 of the Federal Act.
B) The Department may not consider violations
issued as a result of inspections other than those mentioned in subsection
(a)(4)(A)(i) above in determining whether to exercise discretion under
subsection (a)(2) above.
b) Whenever a permittee fails to abate a
violation contained in a notice of violation or a cessation order within the
abatement period set in the notice or order or as subsequently extended, the
Director or his or her designee shall review the permittee's history of
violations to determine whether a pattern of violations exists pursuant to this
Section, and shall issue as appropriate an order to show cause, which shall be
subject to a hearing under 62 Ill. Adm. Code
1847.6.
c) At the same time as the issuance of the
order, the Department shall:
1) If
practicable, publish notice of the order, including a brief statement of the
procedure for intervention in the proceeding, in a newspaper of general
circulation in the area of the surface coal mining and reclamation
operations;
2) Post the notice at
the regional, district or field office closest to the area of the surface coal
mining and reclamation operation; and
3) Notify in writing the surety or other bond
holder of the issuance of the order.
d) The permittee shall have 30 days from the
completion of service of a show cause order in which to file an answer and
request a hearing in accordance with 62 Ill. Adm. Code 1847.6.
e) If the Department revokes or suspends the
permit and the permittee's right to mine the permittee shall immediately cease
surface coal mining operations on the permit area and shall:
1) If the permit and the right to mine are
revoked, complete reclamation within the time specified in the order;
or
2) If the permit and the right
to mine are suspended, complete all affirmative obligations to abate all
conditions, practices, or violations, as specified in the order.