Md. Code Regs. 26.20.31.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.31.07 - Cessation Orders

A. The Bureau shall issue a cessation order whenever it is determined that an operation is not in compliance with the requirements of the Regulatory Program, the permit, or the prospecting approval, and that the noncompliance:

(1) Involves mining operations being conducted without a permit or license, outside of a permit area, or in excess of an established open acre limit;

(2) Creates an imminent danger to the health or safety of the public; or

(3) Is causing or can reasonably be expected to cause significant, imminent environmental harm.

B. The Bureau shall issue a cessation order whenever an operator has failed to meet the time set for abatement or for the accomplishment of an interim step specified in a notice of violation.

C. The Bureau may issue a cessation order whenever it is determined that an operation is in violation of the Regulatory Program, the permit, or other prospecting approval, and that the violation involves discharges to the waters of the State in violation of applicable effluent limitations, or when continued operation in the area of the violation would contribute to an additional or more serious violation. The Bureau may also issue a cessation order for repeated violations of the Regulatory Program or permit condition in conjunction with issuance of a show cause order leading to possible revocation of the permit under COMAR 26.20.33.

D. A cessation order shall be in writing, signed by the authorized representative who issues it, and shall set forth:

(1) The nature of the violation;

(2) A description of its location on the prospecting or surface coal mining and reclamation operation;

(3) An order stating the remedial measures to be accomplished and establishing a time for abatement, which may include a time for accomplishment of any interim steps; and

(4) A description of the portion of the operation to which the cessation order applies.

E. Upon issuance of a cessation order, the operator shall immediately cease and desist all prospecting or strip mining operations within the entire area or the portion specified in the order, and shall devote full attention to abatement of the violation or violations and achieving compliance with the order as expeditiously as possible, provided that reclamation and water treatment operations shall continue during the period of the cessation order.

F. If full compliance with a cessation order will not completely abate an imminent danger or harm in the most expeditious manner physically possible, the Bureau shall impose affirmative obligations on the operator to abate the violation, including use of existing or additional personnel or equipment.

G. A cessation order shall remain in effect until the violation has been abated and until the order has been vacated, modified, or terminated in writing by the Bureau.

H. The Bureau may modify, terminate, or vacate a cessation order for good cause, and may extend the time for abatement when the operator is diligently attempting to comply.

I. The Bureau shall terminate a cessation order in writing when it determines that all violations listed in the order have been abated and that the operation is in compliance with the Regulatory Program, and conditions of the permit or prospecting approval. Termination of the order does not affect the right of the Bureau to assess a civil penalty for the violation or violations.

J. Within 60 days after issuance of a cessation order under A(2) and (3) and B of this regulation, the Bureau shall notify in writing any person who has been identified under COMAR 26.20.05.03 a I and 26.20.02.03 a D and E as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.

Md. Code Regs. 26.20.31.07

Regulations .07 were previously codified as COMAR 08.13.09.40 a A_K, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.