Current through Register Vol. 41, No. 3, September 23, 2024
(a)
(1) An authorized representative of the
Director shall immediately order a cessation of a coal exploration or a surface
coal mining and reclamation operation or of the relevant portion thereof, if
the representative finds, on the basis of any inspection, any condition or
practice, or any violation of the Act, this chapter, or any condition of a
permit or an exploration approval imposed under the Act, or this chapter which:
(i) Creates an imminent danger to the health
or safety of the public; or
(ii) Is
causing or can reasonably be expected to cause significant, imminent
environmental harm to land, air, or water resources.
(2) Surface coal mining 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:
(i) 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
(ii) Were
conducted lawfully without a permit under this chapter because no permit under
this chapter has been required for such operations by the division.
(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 authorized
representative of the Director 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)
(1) When a notice of violation has been
issued under 4VAC25-130-843.12(a) 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 Director 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
Paragraph (b) shall require the permittee to take all steps the authorized
representative of the Director 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
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, including a schedule for meeting any interim steps,
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 an authorized representative of the Director, or until the order
expires pursuant to § 45.2-1020 of the Act and
4VAC25-130-843.15.
(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
Director 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 the permittee's lack of diligence.
(f) An authorized representative of the
Director shall terminate a cessation order by written notice to the permittee
when the representative determines that all conditions, practices or violations
listed in the order have been abated. Termination shall not affect the right of
the division to assess civil penalties under Part 845 of this chapter for those
violations.
(g) Within 60 days
after issuing a cessation order, the division shall notify in writing any
person who has been identified under 4VAC25-130-773.17(h) and
4VAC25-130-778.13(c) and (d) as owning or controlling the permittee, that the
cessation order was issued and that the person has been identified as an owner
or controller.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
