Current through Register Vol. 50, No. 9, September 20, 2024
A.
1.
Except as provided in
§6505 B, the commissioner shall issue an
order to a permittee requiring him or her to show cause why his permit and
right to mine under the Act should not be suspended or revoked, if the
commissioner determines that a pattern of violations of any requirements of the
Act, these regulations or any permit condition required by the Act 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.
Willful violation means an act or omission which violates the Act, these
regulations, or any permit condition required by the Act, these regulations, or
the applicable program, committed by a person who intends the result which
actually occurs. Unwarranted failure to comply means the failure of the
permittee to prevent the occurrence of any violation of the permit or any
requirement of the Act, due to indifference, lack of diligence or lack of
reasonable care, or the failure to abate any violation of such permit or the
Act, due to indifference, lack of diligence or lack of reasonable care.
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 commissioner may determine that a
pattern of violations exists or has existed, based on two 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 Act, these regulations or the permit;
b. the number of violations, cited on more
than one occasion, of different requirements of the Act, these regulations or
the permit; and
c. the extent to
which the violations were isolated departures from lawful conduct.
3. The commissioner shall
determine that a pattern of violations exists, if he or she finds that there
were violations of the same or related requirements of the Act, these
regulations or the permit during three or more inspections of the permit area
within any 12-month period.
B. The commissioner may decline to issue a
show cause order, or may vacate an outstanding show cause order, if he or she
finds, taking into account exceptional factors present in the particular case,
that it would be demonstrably unjust to issue or to fail to vacate the show
cause order. The basis for this finding shall be fully explained and documented
in the records of case.
C. At the
same time as the issuance of the order, the commissioner 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 conservation office
closest to the area of the surface coal mining and reclamation
operations.
D. If the
permittee files an answer to the show cause order and requests a hearing, a
public hearing may be provided. The office shall give 30 days notice of the
date, time and place of the hearing to the commissioner, the permittee, and any
intervenor. Upon receipt of the notice, the commissioner shall publish it, if
practicable, in a newspaper of general circulation in the area of the surface
coal mining and reclamation operations, and shall post it at the conservation
office closest to those operations.
E. Within 60 days after the hearing, the
office shall issue a written determination as to whether a pattern of
violations exists and, if appropriate, an order. If the office revokes or
suspends the permit and the permittee's right to mine under the Act, the
permittee shall immediately cease surface coal mining operations on the permit
area and shall:
1. if the permit and the right
to mine under the Act are revoked, complete reclamation within the time
specified in the order;
2. if the
permit and the right to mine under the Act are suspended, complete all
affirmative obligations to abate all conditions, practices or violations, as
specified in the order.
F. Whenever a permittee fails to abate a
violation contained in a notice of violation or cessation order within the
abatement period set in the notice or order or as subsequently extended, the
commissioner shall review the permittee's history of violations to determine
whether a pattern of violations exists pursuant to this Section, and shall
issue an order to show cause as appropriate pursuant to
§6909. B 3
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.
