La. Admin. Code tit. 43 § XV-6501
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-6501 - Cessation OrdersA.1. An authorized representative of the commissioner 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, these regulations, or any condition of an exploration or development operations approval or permit imposed under any such program, the Act or these regulations, which:a. creates an imminent danger to the health or safety of the public; orb. 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 reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, unless such operations: a. are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations; orb. were conducted lawfully without a permit under the interim regulatory program because no permit has been required for such operations by the state.3. If the cessation ordered under §6501. A.1 will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative 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.1. An authorized representative of the commissioner shall immediately order a cessation of coal exploration, development or surface coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under §6503. A 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 Paragraph shall require the person to whom it is issued to take all steps the authorized representative deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.C. A cessation order issued under §6501. A or B 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 of 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; and4. a reasonable description of the portion of the coal exploration, development 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 commissioner.D. 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. An authorized representative of the commissioner 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. An authorized representative of the commissioner shall terminate a cessation order, by written notice to the person to whom the order was issued, when he or she determines that all conditions, practices, or violations listed in the order have been abated. Termination shall not affect the right of the office to assess civil penalties for those violations under Chapter 69.G. Within 60 days after issuing a cessation order, the office shall notify in writing the permittee, the operator, and any person who has been identified under §3123. A.6 3-4 as an owner or controller of the surface coal mining and reclamation operation.La. Admin. Code tit. 43, § XV-6501
Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 37:2735 (September 2011).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.