25 Pa. Code § 86.212 - Federal minimum enforcement action
(a)
As required by section 521 of the Surface Mining Control and Reclamation Act
(30 U.S.C.A. §
1271) and
30 CFR
840.13 and
843.11 (relating to enforcement
authority; and cessation orders), the Department will issue a cessation order,
or take other appropriate enforcement action to accomplish cessation, if the
Department determines that a condition, practice or violation exists which
meets one or more of the following:
(1)
Creates an imminent danger to the health of the public.
(2) Is causing, or in the opinion of the
Department can reasonably be expected to cause, significant, imminent harm to
land, air or water resources.
(3)
Will not be abated within an abatement period specified in a Department
order.
(b) The
requirements that the Department issue cessation orders in those circumstances
specified in subsection (a) does not limit the Department's discretionary
authority to issue cessation orders, or to modify the Commonwealth's criteria
for the issuance of cessation orders in other cases. The requirement placed on
the Department to issue cessation orders under this section does not limit the
availability of other remedies at law or in equity. When cessation of the
operator does not in itself abate the violation, the cessation order shall
impose affirmative obligations to abate the violation condition or
practice.
(c) Within 30 days after a
cessation order is issued under this subsection, or under the Federal
regulations, except when a stay of the cessation order is granted and remains
in effect, the permittee shall submit one of the following concurrent to the
date of issuance of the cessation order:
(1)
New information needed to correct or update the information previously
submitted under §
86.62 (relating to identification
of interests).
(2) If there are no
changes, updates or corrections to the information required under §
86.62, only a statement indicating
that no change has occurred in the information previously submitted.
(3) If not previously submitted, the
information required from a permit applicant by §
86.62.
(d) Within 60 days after issuing a cessation
order, the Department will notify, in writing, a person who has been identified
under §
86.62 and subsection (c) as owning
or controlling the permittee, that the cessation order was issued and that the
person has been identified as an owner or controller responsible for the
correction of the violation.
Notes
This section cited in 25 Pa. Code § 86.62 (relating to identification of interests).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.