Illinois Administrative Code
Title 62 - MINING
Part 300 - SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT
Subpart B - USE OF EXPLOSIVES IN NON-COAL MINERAL EXTRACTION OPERATIONS
Section 300.246 - Cessation Orders
Current through Register Vol. 48, No. 12, March 22, 2024
a) Standards for Issuance
b) A cessation order shall be in writing, signed by the authorized representative who issued it, and shall set forth with reasonable specificity:
c) A cessation order shall be served upon the operator or an agent of the operator, if either is present on site. If the operator, or operator's agent, is not present, the cessation order shall be sent to the operator's address by certified mail, return receipt requested. The cessation order shall be considered served when personally delivered or mailed.
d) Mining operations and other activities intended to protect public health and safety and the environment may continue during the period of any cessation order unless otherwise provided in such order.
e) The operator issued the cessation order may provide the Department a written response to the violation(s) cited on or before fourteen (14) days after the delivery or mailing of the order. Such written response may include a proposed alternative to the Department's specified remedial action needed to abate the violation. The Department shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty. The written response shall be submitted to the Illinois Department of Natural Resources, Office of Mines and Minerals, 524 S. Second Street, Springfield, Illinois 62701-1787.
f) The cessation order shall provide that the person or operator named in the order has the right to request a hearing to contest the fact of the violation alleged by the Department, as well as the civil penalty assessed, after the issuance of the Office of Mines and Minerals Decision, pursuant to Sections 300.247 and 300.248. In addition, the cessation order shall provide that the operator named in the order has the right to request a hearing for temporary relief from the cessation of blasting operations, in accordance with Section 300.249.
g) A cessation order issued under this Section shall continue in effect until modified, vacated or terminated by the Department. Termination shall not affect the right of the Department to assess civil penalties for those violations in accordance with Section 240.247(d). A cessation order can only be terminated when all abatement action required by the Department has been completed.
h) A cessation order may be modified, vacated or terminated in writing by either:
i) The filing of a request for a hearing under Section 300.248 shall not operate as a stay of the cessation order. The cessation order may be stayed by the grant of temporary relief in accordance with Section 300.249.