Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 10 - Non-Coal Rules and Regulations
Subchapter 37 - State Enforcement
Section 460:10-37-2 - Cessation Orders

(a) The Director or his or her authorized representative shall immediately order a cessation of non-coal surface mining and reclamation operations or of the relevant portion thereof, if finding on the basis of any inspection, and condition or practice, or any violation of 45 O.S., Section 721 et seq., this Chapter, other state law, or any condition of a permit imposed under 45 O.S., Section 721 et seq., or this Chapter which creates an imminent danger to the health and safety of the public. If the cessation ordered under this Section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the Director or his or her authorized representative shall impose affirmative obligations on the operator to whom it issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(b) The Director or his or her authorized representative shall immediately order a cessation of non-coal surface mining and reclamation operations, or of the relevant portion thereof, when notice of violation has been issued and an operator fails to abate the violation within the abatement period fixed or subsequently extended by the Director or authorized representative. A cessation order issued under this subsection shall require the operator to whom it is issued to take all steps the Director or his or her authorized representative deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Any citation(s) issued by the Department to an entity or individual that the Department determines has mined without a permit in violation of 45 O.S. Section 724 or this Chapter shall be assessed by the Department a fine up to Ten Thousand Dollars ($10,000.00), including individuals, or agents of said entity. Any agent is jointly and severally liable with its principal for such violation and any resulting fines. Any fine assessed by the Department shall be made pursuant to the following :

(d) A Cessation order issued under (a), (b) or (c) of this Section shall be in writing, signed by the Director or authorized representative, and shall set forth with reasonable specificity:

(e) Reclamation operations and other activities intended to protect the public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(f) The Director or authorized representative 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 for previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(g) The Director or authorized representative shall terminate a cessation order, by written notice to the operator to whom the order was issued, when he or she determines that all conditions, practices or violations listed in the order have been abated.