Service of notices of violation, cessation orders, and orders to show cause.
A notice of violation or cessation order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:
By tendering a copy at the surface coal mining and reclamation operation to the designated agent or to the person to whom it is directed. If no such agent is reasonably available, a copy may be tendered to the individual who, based upon reasonable inquiry by the authorized representative, appears to be in charge of the surface coal mining and reclamation operation referred to in the notice or order. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.
As an alternative to paragraph (a)(1) of this section, service may be made by sending a copy of the notice or order by certified mail or by hand to the person to whom it is issued or his or her designated agent, or by any alternative means consistent with the rules governing service of a summons and complaint under rule 4 of the Federal Rules of Civil Procedure. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.
A show cause order, or a vacation, modification or termination of a notice or order, may be served on the person to whom it is issued in either manner provided in paragraph (a) of this section.
Designation by any person of an agent for service of notices and orders shall be made in a conspicuous, easy- to-read manner on the mine identification sign, or on the mine bulletin board posted by the minesite office.
The Office shall furnish copies of notices and orders to the State regulatory authority, if any, after their issuance. The Office may furnish copies to any person having an interest in the surface coal mining and reclamation operation or the permit area, such as the owner of the fee, a corporate officer of the permittee, or the bonding company.
(Surface Mining Control and Reclamation Act of 1977, secs. 201, 501, 521(a)(5) (
30 U.S.C. 1211, 1251, 1271(a)(5)
[45 FR 2628, Jan. 11, 1980, as amended at 56 FR 28445, June 20, 1991]