Current through Register Vol. 48, No. 12, March 22, 2024
The regulations of this Part set forth the general procedures
governing issuance of permit suspensions, notices of violation and orders to
show cause pursuant to Section 17(g) of the Act.
a) Notices and Orders. All Notices and Orders
issued pursuant to this Part shall set forth with reasonable specificity:
1) the nature of the violation and the
remedial action required;
2) the
period of time established for abatement; and
3) a reasonable description of the portion of
the surface coal mining operation to which the Notice or Order
applies.
b) Imminent
Dangers and Harms
1) If the Director receives
information of conditions or practices, or of violations of applicable
performance standards, including Federal and State Regulations, or of
violations of conditions contained in any permit which create an imminent
danger to the health or safety of the public, the Director may immediately
order suspension of a permit of a surface coal mining operation or that portion
of the operation relevant to the condition, practice, or violation.
2) If the Director receives information of
conditions or practices, or of violations of applicable performance standards,
including Federal and State Regulations, or of violations of conditions
contained in any permit, which are causing or can be reasonably expected to
cause significant, imminent environmental harm to land, air, or water
resources, the Director may immediately order suspension of a permit of a
surface coal mining operation or that portion of the operation relevant to the
condition, practice or violation.
3) The Regulatory Authority may impose
affirmative obligations on the operator which the Authority deems necessary to
abate the condition, practice, or violations if;
A) a permit suspension order is issued under
paragraph (a) or (b) of this section; and
B) the permit suspension and resulting
cessation of mining or reclamation activities will not completely abate the
imminent danger or harm, or eliminate the practices or conditions that
contributed to the imminent danger or harm.
4) When imposing affirmative obligations
under this Part, the Regulatory Authority shall require abatement of the
imminent danger or harm in the most expeditious manner physically possible. The
affirmative obligation shall include a time by which abatement shall be
accomplished and may include, among other things, the use of existing or
additional personnel and equipment.
5) Reclamation operations not directly the
subject of the order of suspension or affirmative obligation may continue
during any permit suspension order.
6) The Regulatory Authority shall terminate
its permit suspension order issued under paragraph (a) or paragraph (b) of this
section by written notice when the Regulatory Authority determines that the
conditions or practices or violations that contributed to the imminent danger
to life, or the environment have been eliminated.
c) Non-Imminent Danger or Harm
1) If the Regulatory Authority finds
conditions or practices, or violations of applicable performance standards,
including Federal and State Regulations or violations of conditions included in
any permit which do not create an imminent danger to life or the environment
the Regulatory Authority may issue a notice of violation fixing a reasonable
time for abatement.
2) The
Regulatory Authority may extend the time to abate a violation by written notice
if the failure to abate within the time set was not caused by the permittee's
lack of diligence.
3) The
Regulatory Authority may establish interim steps in an abatement period. If the
permittee fails to meet any interim step within the time set, the Regulatory
Authority may extend the time set for meeting the interim step, by written
notice or may issue a permit suspension order pursuant to (d) of this
Section.
4) The total time for
abatement as originally fixed and subsequently extended shall not exceed ninety
days.
d) Failure to
Abate. The Director may suspend, modify, or revoke the permit if a coal mining
operation, or the portion relevant to the violation, when a notice of violation
has been issued under (c) of this Section and the permittee fails to abate the
violation within the time originally fixed or subsequently extended. In a
suspension, modification, or revocation order issued under this Section, the
Regulatory Authority shall impose affirmative obligations to abate the
violations in the manner provided in (b) of the Section. Reclamation operations
not directly subject to the affirmative obligations imposed may be allowed to
continue during a suspension, modification, or revocation order. Any order
issued under this Section may be terminated when the Regulatory Authority
determines that the conditions or practices, or violations have been
abated.
e) Service of Notice.
Notices and orders issued under this Part shall be given to the permittee or
his designated agent. If no designated agent is found at the mine site, service
will be made on the person who, based on reasonable inquiry by the Regulatory
Authority, appears to be in charge of the surface coal mining operation. The
person receiving service shall be responsible for any immediate compliance
actions required by the notice or order. If no person is present or available
to receive service, service may be made by posting a copy of the notice of
violation at the mine. Service is complete on posting at the mine; however, a
copy of each notice or order shall be mailed to the permittee at the address
listed on the records of the Regulatory Authority.
f) Hearings - Permit Suspension,
Modification, or Revocation
1) Within 10 days
after the permittees has received any permit suspension, modification, or
revocation order under this Part the Regulatory Authority may conduct a hearing
at the mine site or within such reasonable proximity to the mine that it may be
visited during the hearing. No hearing will be required if the condition,
practice, or violation in question has been abated or if the permittee waives
the hearing.
2) All hearings held
in connection with a permit suspension, modification, or revocation order shall
be conducted in accordance with Article 10 of the Illinois Administrative
Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1010-5 et seq.) provided
that Section 10-45 shall not apply to those hearings where the Director is
present at the hearing.
3) Notices
of the time, place and subject matter of the hearing shall be given to the
permittee, any citizen who filed a report which led to the order to be reviewed
and the Federal Office of Surface Mining. Notice of the hearing also shall be
posted at the appropriate district or field office, at the mine site, and to
the extent possible in a newspaper in the area of the mine.
4) Within 15 days of the close of the
hearing, the Regulatory Authority shall affirm, modify, or vacate the order.
The decision shall be in writing and shall be sent to the permittee, any
citizen who filed a report which led to issuance of the order and the Federal
Office of Surface Mining.
5) The
Director may appoint an employee of the Regulatory Authority or an attorney
licensed to practice law in Illinois to conduct hearings under this
Part.
g) Hearings -
Notice of Violation
1) Within 30 days after
the permittee has received a notice of violation under this Part the Regulatory
Authority may conduct a hearing at the mine site or within such reasonable
proximity to the mine that it may be visited during the hearing. Unless the
permittee files a request for a hearing within 15 days after receipt of the
notice of violation or within the time fixed for abatement of the violation,
whichever comes first, its right to a hearing shall be deemed waived, and the
citation shall stand as admitted.
2) All hearings held under this Section shall
be conducted in the same manner as hearings held under Section (f), except that
the 15-day period for decision contained in (f) (d) shall not apply.