16 Tex. Admin. Code § 12.677 - Cessation Orders
(a) Conditions,
practices, or violations warranting a cessation order.
(1) An authorized representative of the
Commission shall immediately order a cessation of surface coal mining and
reclamation operations or of the relevant portion thereof, if he or she finds,
on the basis of any inspection, any condition or practice, or any violation of
the Act, this chapter (relating to Coal Mining Regulations), or any condition
of an exploration approval or permit imposed under the Act or this chapter
(relating to Coal Mining Regulations), which:
(A) creates an imminent danger to the health
or safety of the public; or
(B) is
causing or can reasonably be expected to cause significant, imminent
environmental harm to land, air, or water resources.
(2) Surface coal mining and reclamation
operations conducted by any person without a valid surface coal mining permit
constitute a condition or practice which causes or can be expected to cause
significant, imminent environmental harm to land, air, or water
resources.
(3) If the cessation
ordered under subsection (a)(1) of this section will not completely abate the
imminent danger or harm in the most expeditious manner physically possible, the
authorized representative of the Commission shall impose affirmative
obligations on the person to whom it is issued to abate the condition,
practice, or violation. The order shall specify the time by which abatement
shall be accomplished and may require, among other things, the use of existing
or additional personnel and equipment.
(b) Failure to abate a notice of violation.
(1) An authorized representative of the
Commission shall immediately order a cessation of coal exploration or surface
coal mining and reclamation operations, or of the relevant portion thereof,
when a notice of violation has been issued under §
12.678(a) of
this title (relating to Notices of Violation) 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.
(2) A cessation order issued under this
subsection shall require the person to whom it is issued to take all steps the
authorized representative of the Commission deems necessary to abate the
violations covered by the order in the most expeditious manner physically
possible.
(c) Form of
cessation order. A cessation order issued under subsections (a) or (b) of 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 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. The order shall remain in effect until the condition,
practice or violation has been abated or until vacated, modified or terminated
in writing by an authorized representative of the Commission. The Commission,
within 60 days after issuing the cessation order, shall notify in writing any
person who has been identified as owning or controlling the permittee, that the
cessation order was issued and that the person has been identified as an owner
or controller.
(d)
Continuing activities during cessation. Reclamation operations and other
activities intended to protect public health and safety and the environment
shall continue during the period of any order unless otherwise provided in the
order.
(e) Modification,
termination, and vacation. An authorized representative of the Commission 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.
(f) Termination of
cessation order. An authorized representative of the Commission shall terminate
a cessation order, by written notice to the person to whom the order was
issued, when he determines that all conditions, practices or violations listed
in the order have been abated. Termination shall not affect the right of the
Commission to assess civil penalties for those violations under §§
12.686-
12.694 of this title (relating to
Civil Penalties).
(g) Notification.
Within 60 days after issuing a cessation order, the Commission will notify in
writing the permittee, the operator, and any person who has been listed or
identified by the applicant, permittee, or OSM as an owner or a controller of
the operation, as defined in §
12.3 of this title (relating to
Definitions).
Notes
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