Notwithstanding any other Section of this Part, the Department
will identify and immediately address sites which present an immediate threat
to public health and safety, such as hazardous mine openings, methane gas
leaks, deteriorating tipple structures, hazardous highwalls, mine fires, and
mine subsidence. The finding by the Department that an immediate threat exists
shall be in writing. The Department shall notify the owner and request consent
prior to entry and abatement work. However, if the Department is unable to
notify or secure a written consent prior to conducting abatement work, a
written notice shall be given to the owner within two working days after entry.
The appraisal required by Section
2501.25
shall be completed at the earliest practical time, but in any case before
related nonemergency work is commenced. If federal funds are to be utilized for
emergency reclamation activities on non-coal mined lands, the Department shall
seek to have the Governor request such authorization from the Federal Office,
as required by 30 CFR 875(1983).
