Okla. Admin. Code § 460:20-59-3

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-59-3 - Cessation orders

(a)An order of cessation:

(1) The 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, this Chapter , any applicable program, or any condition of an exploration approval or permit imposed under any such program, the Act, or this Chapter 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 paragraph (a)(1) of this section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the Director his or her authorized representative, shall impose affirmative obligations on the permittee to abate the imminent danger or significant environmental harm. The order shall specify the time by which abatement shall be accomplished.

(b)A notice of violation.

(1) When a notice of violation has been issued under Section 460:20-59-4(a) of this Subchapter and the permittee fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative, the authorized representative of the Department shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the portion relevant to the violation.

(2) A cessation order issued under this Subsection shall require the permittee to take all steps the authorized representative of the Department deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) A cessation order issued under paragraphs (a) or (b) of this Section shall be in writing, signed by the 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 or affirmative obligation required, If any, including interim steps, if appropriate;

(3) The time established for abatement if appropriate; and

(4) A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation resulting in the issuance of the cessation order has been abated or until vacated, modified, or terminated in writing by the Director or his or her authorized representative, or until the order expires pursuant to 45 O.S. Section 779 and Section 460:20-59-7 of this Subchapter.

(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 Director or his or her authorized representative may modify, terminate, or vacate acessation 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 permittee.

(f) The Director or an authorized representative shall terminate a cessation order by written notice to the permittee, 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 Department to assess civil penalties for those violations under Section 460:20-64-4 of this Chapter.

(g) Within 60 days after issuing a cessation order, the Department will notify in writing the Permittee, the Operator, and any person who has been listed or identified by the Applicant, Permittee, or the Department as an owner or controller of the operation, as defined in Section 460:20-3-5 of this Chapter.

Okla. Admin. Code § 460:20-59-3

Amended at 27 Ok Reg 2558, eff 7-25-10