11 AAC 90.613 - Cessation orders

(a) The commissioner will immediately issue a cessation order to the permittee or operator of exploration activities, of surface coal mining and reclamation operations, or of the relevant portion of an operation if the commissioner finds, on the basis of an inspection,

(1) a condition or practice of an exploration activity or surface coal mining and reclamation operation that

(A) creates an imminent danger to the health or safety of the public; or

(B) causes, or is reasonably expected to cause, significant imminent environmental harm to land, air, or water resources; or

(2) a violation of AS 27.21, this chapter, or a condition of an exploration approval or permit imposed under AS 27.21 or this chapter that

(A) creates an imminent danger to the health or safety of the public; or

(B) causes, or is reasonably expected to cause, significant imminent environmental harm to land, air, or water resources.

(b) If the cessation ordered under (a) of this section will not completely abate the imminent danger or harm as quickly as possible, the commissioner will impose affirmative obligations on the person to whom the cessation order is issued to abate the condition, practice, or violation. In the order document, the commissioner will specify the affirmative obligations that are in addition to the cessation order, and will specify the time by which abatement must be accomplished.

(c) An exploration activity or surface coal mining and reclamation operation conducted without a valid approval or permit constitutes a condition or practice that causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, unless the activity or operation is an integral, uninterrupted extension of previously approved activities or operations and the person conducting the activity or operation has filed a timely and complete application for an approval or permit to conduct the activity or operation.

(d) The commissioner will immediately order the cessation of coal exploration, of a surface coal mining and reclamation operation, or of the relevant portion of that operation when a notice of violation has been issued under 11 AAC 90.615 and the person to whom the notice was issued fails to abate the violation within the abatement period fixed or subsequently extended by the commissioner.

(e) A cessation order issued under this section must be in writing, be signed by the commissioner, and set out with reasonable specificity

(1) the nature of the violation;

(2) any required remedial actions, affirmative obligations, or interim steps;

(3) the time established for any abatement and any interim steps;

(4) a description of the portion of the coal exploration or surface coal mining and reclamation operation to which the order applies; and

(5) that the right to an informal conference on the order will be considered waived unless a conference is requested not later than 30 days after service of the order.

(f) A cessation order under this section remains in effect until

(1) the condition, practice, or violation is abated;

(2) the commissioner vacates, modifies, or terminates the order in writing; or

(3) the order expires under AS 27.21.240(h).

(g) A reclamation operation and other activity intended to protect public health and safety and the environment must continue during the period of any order unless otherwise provided in the order.

(h) The commissioner may modify, terminate, or vacate a cessation order for good cause and extend the time for abatement if failure to abate within the set time is not caused by lack of diligence on the part of the person to whom the order was issued.

(i) The commissioner will terminate a cessation order, by written notice to the person to whom the order was issued, when the commissioner determines that all conditions, practices, or violations listed in the order have been abated. Termination does not affect the right of the commissioner to assess civil penalties for those violations under 11 AAC 90.625.

(j) Not later than 30 days after the commissioner issues a cessation order under this section, the permittee or operator shall submit changes or updates to the information submitted under 11 AAC 90.023. If no changes or updates are required, the permittee or operator shall submit a statement that no changes are required. A permittee or operator is not required to submit changes or updates under this subsection if a court grants a stay of the cessation order that remains in effect.

(k) Not later than 60 days after issuing a cessation order, the commissioner will send a written notice of the cessation order to the permittee, the operator, and each person who

(1) has been listed or identified under 11 AAC 90.023 by the applicant, permittee, or commissioner; and

(2) is an owner or controller of the operation.

Notes

11 AAC 90.613

Eff. 5/2/83, Register 84; am 7/7/2022, Register 243, October 2022

As of Register 243, (October, 2022), this section is transferred from material adopted by reference in 11 AAC 90.001(a) to the Alaska Administrative Code (AAC) by repeal and readoption.

Authority:AS 27.21.030

AS 27.21.240