Current through Vol. 42, No. 1, September 16, 2024
(a)
An order of cessation:
(1) The
Director or his or her authorized representative 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, this Chapter , any
applicable program, or any condition of an exploration approval or permit
imposed under any such program, the Act, or this Chapter 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 paragraph
(a)(1) of this section will not completely abate the imminent danger or harm in
the most expeditious manner physically possible, the Director his or her
authorized representative, shall impose affirmative obligations on the
permittee to abate the imminent danger or significant environmental harm. The
order shall specify the time by which abatement shall be
accomplished.
(b)
A notice of violation.
(1) When a
notice of violation has been issued under Section
460:20-59-4(a)
of this Subchapter and the permittee fails to abate the violation within the
abatement period fixed or subsequently extended by the authorized
representative, the authorized representative of the Department shall
immediately order a cessation of coal exploration or surface coal mining and
reclamation operations, or of the portion relevant to the violation.
(2) A cessation order issued under this
Subsection shall require the permittee to take all steps the authorized
representative of the Department deems necessary to abate the violations
covered by the order in the most expeditious manner physically
possible.
(c) A
cessation order issued under paragraphs (a) or (b) of this Section shall be in
writing, signed by the Director or his or her authorized representative who
issues it, and shall set forth with reasonable specificity:
(1) The nature of the condition, practice, or
violation;
(2) The remedial action
or affirmative obligation required, If any, including interim steps, if
appropriate;
(3) The time
established for abatement if appropriate; and
(4) A reasonable description of the portion
of the coal exploration or surface coal mining and reclamation operation to
which it applies. The order shall remain in effect until the condition,
practice or violation resulting in the issuance of the cessation order has been
abated or until vacated, modified, or terminated in writing by the Director or
his or her authorized representative, or until the order expires pursuant to 45
O.S. Section 779 and Section
460:20-59-7
of this Subchapter.
(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) The Director or his or her authorized
representative may modify, terminate, or vacate acessation 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
permittee.
(f) The Director or an
authorized representative shall terminate a cessation order by written notice
to the permittee, 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 Department to assess civil penalties for those violations
under Section
460:20-64-4
of this Chapter.
(g) Within 60 days
after issuing a cessation order, the Department will notify in writing the
Permittee, the Operator, and any person who has been listed or identified by
the Applicant, Permittee, or the Department as an owner or controller of the
operation, as defined in Section
460:20-3-5 of this
Chapter.
Amended at 27 Ok Reg
2558, eff 7-25-10
