Utah Admin. Code R652-21-1302 - Cessation Orders
(1) The division
shall immediately order a cessation of all operations if it finds, based on any
division inspection, that a violation of any condition of operations,
applicable statutes, rules, or contractual provisions:
(a) creates an imminent danger to the
public's health, safety, or welfare;
(b) causes, or can reasonably be expected to
cause, significant, imminent environmental harm to sovereign land or Great Salt
Lake Natural Resources; or
(c)
consists of any operation or reclamation activity on Great Salt Lake conducted
by any person or entity without a valid permit, lease, Operations Royalty
Agreement, or Sampling Royalty Agreement.
(2) If a notice of violation has been issued
under Section R652-21-1300 and the Operator fails to abate the violation within
the abatement period, the division shall immediately issue a cessation
order.
(3) A cessation order shall
require the Operator to immediately take all steps the division considers
necessary to abate the identified violations.
(4) A cessation order shall be issued to the
Operator or its agent.
(5) A
cessation order shall be in writing, signed by the authorized representative of
the division, and will set forth with specificity:
(a) an order mandating the cessation of all
operations;
(b) the nature of the
violation;
(c) the remedial action
or affirmative obligation required, which may include interim steps;
and
(d) a time for abatement, which
may include time for accomplishment of interim steps.
(6) A cessation order issued by the division
shall remain in effect until the violation has been completely abated or until
the cessation order is vacated, modified or terminated in writing by the
division.
(7) If the cessation
order does not completely abate the imminent danger or harm posed in the most
expeditious manner possible, the division may pursue further remedies,
including filing an action in a court of competent jurisdiction.
(8) Any cessation order is a notice of agency
action and may be challenged or appealed under applicable agency review or the
Utah Administrative Procedures Act.
(9) Reclamation operations and other
activities intended to protect the public health, safety, and the environment
shall continue during the period of the cessation order unless otherwise
provided in the cessation order.
Notes
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