25 Pa. Code § 86.211 - Enforcement-general
(a) Violations,
once identified by a State Inspector or other appropriate State official, shall
be cited and shall be corrected in a reasonable time, prescribed by the
Department, not to exceed 90 calendar days, except upon a showing by the
operator that it is not feasible to abate the violation within 90 calendar days
due to one or more of the circumstances described in subsection (b). An
extended abatement date under this section will not be granted when the
operator's failure to abate within 90 days has been caused by a lack of
diligence or intentional delay by the operator in completing the remedial
action requested, nor will an extension be granted for financial or economic
reasons.
(b) Circumstances which may
qualify a surface coal mining operation for an abatement period of more than 90
days are limited to the following:
(1) If the
Department has required the operator of an existing operation to apply to the
Department for a permit renewal or other necessary approval of designs or
plans, and if the operator has submitted necessary materials to the Department
in an expeditious manner, but the Department is unable, through no fault of the
operator to issue the permit or approval 90 days from the date of submission of
required documentation.
(2) If
climatic conditions preclude abatement within 90 days, or if, due to climatic
conditions, abatement within 90 days clearly does one or more of the following:
(i) Causes more environmental harm than it
would prevent.
(ii) Requires action
that would violate Federal or State mine health or safety laws.
(3) If there is a valid judicial
order precluding abatement within 90 days as to which the permittee has
diligently pursued rights of appeal and as to which the permittee has no other
effective legal remedy.
(4) If the
permittee cannot abate within 90 days due to a labor strike, except for a
violation that is causing or has the potential to cause off permit impacts such
as environmental harm to air, water or land resources or danger to the public
health or safety.
(c) When
an abatement in excess of 90 days is permitted, interim abatement measures
shall be imposed to the extent necessary to minimize harm to the public or the
environment.
(d) If one or more of
the conditions in subsection (b) exist, the operator may request the Department
to grant an abatement period exceeding 90 days. The abatement period granted
will not exceed the shortest possible time necessary to abate the violation.
The operator has the burden of establishing by clear and convincing proof that
he is entitled to an extension under this section. In determining whether or
not to grant an abatement period exceeding 90 days, the Department may consider
relevant written information from the operator or other
sources.
Notes
This section cited in 25 Pa. Code § 86.159 (relating to self-bonding).
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