La. Admin. Code tit. 43 § XV-6505
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-6505 - Suspension or Revocation of PermitsA.1. Except as provided in §6505 B, the commissioner shall issue an order to a permittee requiring him or her to show cause why his permit and right to mine under the Act should not be suspended or revoked, if the commissioner determines that a pattern of violations of any requirements of the Act, these regulations or any permit condition required by the Act exists or has existed, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions. Willful violation means an act or omission which violates the Act, these regulations, or any permit condition required by the Act, these regulations, or the applicable program, committed by a person who intends the result which actually occurs. Unwarranted failure to comply means the failure of the permittee to prevent the occurrence of any violation of the permit or any requirement of the Act, due to indifference, lack of diligence or lack of reasonable care, or the failure to abate any violation of such permit or the Act, due to indifference, lack of diligence or lack of reasonable care. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.2. The commissioner may determine that a pattern of violations exists or has existed, based on two or more inspections of the permit area within any 12-month period, after considering the circumstances, including: a. the number of violations, cited on more than one occasion, of the same or related requirements of the Act, these regulations or the permit;b. the number of violations, cited on more than one occasion, of different requirements of the Act, these regulations or the permit; andc. the extent to which the violations were isolated departures from lawful conduct.3. The commissioner shall determine that a pattern of violations exists, if he or she finds that there were violations of the same or related requirements of the Act, these regulations or the permit during three or more inspections of the permit area within any 12-month period.B. The commissioner may decline to issue a show cause order, or may vacate an outstanding show cause order, if he or she finds, taking into account exceptional factors present in the particular case, that it would be demonstrably unjust to issue or to fail to vacate the show cause order. The basis for this finding shall be fully explained and documented in the records of case.C. At the same time as the issuance of the order, the commissioner shall: 1. if practicable, publish notice of the order, including a brief statement of the procedure for intervention in the proceeding, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations;2. post the notice at the conservation office closest to the area of the surface coal mining and reclamation operations.D. If the permittee files an answer to the show cause order and requests a hearing, a public hearing may be provided. The office shall give 30 days notice of the date, time and place of the hearing to the commissioner, the permittee, and any intervenor. Upon receipt of the notice, the commissioner shall publish it, if practicable, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations, and shall post it at the conservation office closest to those operations.E. Within 60 days after the hearing, the office shall issue a written determination as to whether a pattern of violations exists and, if appropriate, an order. If the office revokes or suspends the permit and the permittee's right to mine under the Act, the permittee shall immediately cease surface coal mining operations on the permit area and shall:1. if the permit and the right to mine under the Act are revoked, complete reclamation within the time specified in the order;2. if the permit and the right to mine under the Act are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.F. Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the commissioner shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this Section, and shall issue an order to show cause as appropriate pursuant to §6909. B 3La. Admin. Code tit. 43, § XV-6505
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.