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 CCB operation 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 this Chapter, any other applicable program or state law, or any
condition of a permit imposed under any state program or law, 45 O.S. Section
1.5 et seq., 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) CCB
operations conducted by any person without a valid CCB permit constitutes 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 are an integral, uninterrupted extension of previously
permitted CCB operations, and the person conducting such operations has filed a
timely and complete application for a permit to conduct such
operations.
(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 or 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 a section 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 CCB
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 CCB 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 1.5 et seq., or an by an order of the
Department pursuant to 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 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 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 penalties for those violations
under this Chapter.
Added at 28 Ok Reg 2371,
eff 9-11-11
