Section 11-8-2.5-65-6501 - Cessation Orders(a)(1) The executive director or his or her authorized representative 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; or(B) 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; or(B) 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) The executive director or his or her authorized representative 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 executive director or his or her authorized representative who issues it, and shall set forth with reasonable specificity:(1) the nature of the condition, practice, or 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; and(4) 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 the executive director or is or her authorized representative or until the order expires pursuant to § 6509.(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) The executive director or his or her authorized representative 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) The executive director or his or her authorized representative 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 Commission to assess civil penalties for those violations under Rule 67or 69.(g) Within 60 days after issuing a cessation order, the Department shall notify in writing any person who has been identified under §§ 3123(f) and 2305(c) as owning or controlling the permittee that the cessation order was issued and that the person has been identified as an owner or controller.11 Miss. Code. R. § 8-2.5-65-6501