Section R652-21-1302 - Cessation Orders(1) The division shall immediately order a cessation of all operations if it finds, based on any division inspection, that a violation of any condition of operations, applicable statutes, rules, or contractual provisions: (a) creates an imminent danger to the public's health, safety, or welfare;(b) causes, or can reasonably be expected to cause, significant, imminent environmental harm to sovereign land or Great Salt Lake Natural Resources; or(c) consists of any operation or reclamation activity on Great Salt Lake conducted by any person or entity without a valid permit, lease, Operations Royalty Agreement, or Sampling Royalty Agreement.(2) If a notice of violation has been issued under Section R652-21-1300 and the Operator fails to abate the violation within the abatement period, the division shall immediately issue a cessation order.(3) A cessation order shall require the Operator to immediately take all steps the division considers necessary to abate the identified violations.(4) A cessation order shall be issued to the Operator or its agent.(5) A cessation order shall be in writing, signed by the authorized representative of the division, and will set forth with specificity: (a) an order mandating the cessation of all operations;(b) the nature of the violation;(c) the remedial action or affirmative obligation required, which may include interim steps; and(d) a time for abatement, which may include time for accomplishment of interim steps.(6) A cessation order issued by the division shall remain in effect until the violation has been completely abated or until the cessation order is vacated, modified or terminated in writing by the division.(7) If the cessation order does not completely abate the imminent danger or harm posed in the most expeditious manner possible, the division may pursue further remedies, including filing an action in a court of competent jurisdiction.(8) Any cessation order is a notice of agency action and may be challenged or appealed under applicable agency review or the Utah Administrative Procedures Act.(9) Reclamation operations and other activities intended to protect the public health, safety, and the environment shall continue during the period of the cessation order unless otherwise provided in the cessation order.Utah Admin. Code R652-21-1302
Adopted by Utah State Bulletin Number 2024-20, effective 10/8/2024