Current through Register Vol. 50, No. 9, September 20, 2024
A.
1. An authorized representative of the
commissioner 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, these regulations, or any condition of an exploration or development
operations approval or permit imposed under any such program, the Act or these
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 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.
3. If the cessation ordered under
§6501. A.1 will not
completely abate the imminent danger or harm in the most expeditious manner
physically possible, the authorized representative 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.
1. An
authorized representative of the commissioner shall immediately order a
cessation of coal exploration, development or surface coal mining and
reclamation operations, or of the relevant portion thereof, when a notice of
violation has been issued under
§6503. 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 this
Paragraph shall require the person to whom it is issued to take all steps the
authorized representative deems necessary to abate the violations covered by
the order in the most expeditious manner physically possible.
C. A cessation order issued under
§6501. 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 violation;
2. the
remedial action of 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, development 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 commissioner.
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
commissioner 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 commissioner shall terminate a cessation
order, by written notice to the person to whom the order was issued, when he or
she determines that all conditions, practices, or violations listed in the
order have been abated. Termination shall not affect the right of the office to
assess civil penalties for those violations under Chapter 69.
G. Within 60 days after issuing a cessation
order, the office shall notify in writing the permittee, the operator, and any
person who has been identified under
§3123. A.6 3-4 as an
owner or controller of the surface coal mining and reclamation
operation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.
