La. Admin. Code tit. 43 § XV-6503

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-6503 - Notice of Violation

A. An authorized representative of the commissioner shall issue a notice of violation if on the basis of an inspection he finds a violation of the Act, these regulations, or any condition of a permit or an exploration or development operations approval imposed under the Act or these regulations which does not create an imminent danger or harm for which a cessation order must be issued under §6501

B. A notice of violation issued under 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 required, which may include interim steps;

3. a reasonable description of the portion of the coal exploration, development operation, or surface coal mining and reclamation operation to which it applies; and

4. a reasonable time for abatement which may include time for accomplishment of interim steps.

C. An authorized representative of the commissioner may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by lack of diligence on the part of the person to whom it was issued. The total time for abatement under a notice of violation, including all extensions, shall not exceed 90 days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in §6503. F An extended abatement date pursuant to this Section shall not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.

D. If the person to whom the notice was issued fails to meet any time set for abatement or for accomplishment of an interim step, the authorized representative shall issue a cessation order under §6501 B

E. An authorized representative of the commissioner shall terminate a notice of violation by written notice to the person to whom it was issued, when he or she determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the office to assess civil penalties for those violations under Chapter 69.

F. Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days are:

1. where the permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee;

2. where there is a valid judicial order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which he or she has no other effective legal remedy;

3. where the permittee cannot abate within 90 days due to a labor strike;

4. where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly would cause more environmental harm than it would prevent; or

5. where abatement within 90 days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977.

La. Admin. Code tit. 43, § XV-6503

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.