Section 096-200-8-31 - Imminent EndangermentIf the Commissioner determines that a violation is causing or resulting in an imminent and substantial endangerment to the public health and safety, the environment, or natural resources, the Department may take action necessary to abate or eliminate the endangerment, including one or more of the following:
A. Taking action to suspend or revoke the mining permit as authorized by the Act, 38 M.R.S. §342 (11-B) and the Maine Administrative Procedure Act;B. Recommend to the Board pursuant to 38 M.R.S. §342(11-C) that the Board modify or take corrective action on the permit pursuant to 38 M.R.S. §341-D(3).C. Issuing an order to the Permittee requiring immediate suspension of mining activities;D. Issuing an order prohibiting the removal of metallic product from the site;E. Ordering the Permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment;F. Issuing an emergency order as authorized by 38 M.R.S. §347-A(3);G. Notifying municipal officers and county commissioners or their designees, from each municipality and county in which the mining areas and affected areas may be located;H. Notifying the public through publication of the action in a newspaper of general circulation in the area; andI. Refer the violation to the Attorney General for civil or criminal prosecution pursuant to 38 M.R.S. §§347-A or 348.06-096 C.M.R. ch. 200, § 8-31