312 IAC 25-7-5 - State enforcement; cessation orders
Authority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-3-1; IC 14-34-10-2; IC 14-34-15-6
Sec. 5.
(a) An
authorized representative of the director, when conducting an inspection, shall
immediately order a cessation of the portion of the surface coal mining and
reclamation operation relevant to the condition, practice, or violation if he
or she finds any condition or practice, or any violation of IC
14-34-10-2, or any condition of a
permit required by IC
14-34-3-1, or any condition of an
exploration approval which condition, practice, or violation:
(1) creates an imminent danger to the health
or safety of the public; or
(2) is
causing, or can reasonably be expected to cause, significant imminent
environmental harm to land, air, or water resources.
(b) An authorized representative of the
director shall immediately issue a cessation order to any person who does not
hold a valid permit to conduct those operations.
(c) Where the director or the director's
authorized representative finds that the ordered cessation of surface coal
mining operation, or any portion thereof, will not completely abate the
imminent danger to health or safety of the public or the significant imminent
environmental harm to land, air, or water resources in the most expeditious
manner physically possible, the director shall, in addition to the cessation
order, impose affirmative obligations on the permittee requiring him or her to
take whatever steps the director deems necessary to abate the imminent danger
or the significant environmental harm. The order shall specify the time by
which abatement shall be accomplished.
(d) When, on the basis of an inspection, an
authorized representative of the director, for good cause shown and upon
written findings, finds that a notice of violation has been issued under
section 6(a) of this rule and the person to whom it was issued fails to abate
the violation within the abatement period fixed or subsequently extended by the
authorized representative, he or she shall immediately order a cessation of
coal exploration or that portion of the surface mining and reclamation
operations relevant to the violation.
(e) A cessation order issued under this
section shall require the person to whom it is issued to take the steps
necessary to abate the violations covered by the order in the most expeditious
manner physically possible.
(f) A
cessation order issued under 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, if appropriate, including the time for meeting any
interim steps; and
(4) a reasonable
description of the portion of the coal exploration or surface coal mining and
reclamation operation to which it applies.
(g) 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 lack of diligence on the part of the person to
whom it was issued.
(h) An
authorized representative of the director shall terminate a cessation order by
written notice to the person to whom the order was issued:
(1) for a cessation order under subsection
(a) or (b), when the authorized representative of the director determines that
the condition or practice resulting in the issuance of the cessation order has
been abated; or
(2) for a cessation
order under subsection (d), when steps necessary to abate the violations
covered by the order have been completed.
(i) Termination of a cessation order shall
not prohibit the director from assessing civil penalties for those violations
under sections 13 through 21 of this rule.
(j) The order shall remain in effect until
the condition or practice 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 under IC
14-34-15-6(d).
(k) Within thirty (30) days after a cessation
order is issued under this section or under
30 CFR 843.11
(except where an administrative law judge or a court of competent jurisdiction
grants a stay of the cessation order and the stay remains in effect), the
permittee shall provide the director with written documentation to establish
one (1) of the following:
(1) There has been
no change since the immediately proceeding submittal of information under
312 IAC 25-4-17.
(2) The information required from a permit
application by
312 IAC 25-4-17, if not
previously submitted.
(3) The
information needed to correct or update (to the date of the cessation order)
information previously submitted and corrections or updates as
needed.
(l) The
director, within sixty (60) days after issuing a cessation order, shall notify,
in writing, any person who has been identified under subsection (k) and
312 IAC 25-4-17 as owning or
controlling the permittee, that the cessation order was issued and that the
person has been identified as an owner or controller.
(m) Any determinations made under this
section shall:
(1) be in writing;
and
(2) contain a right of appeal
under IC 4-21.5.
Notes
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