Current through Register Vol. XLI, No. 50, December 13, 2024
Section 22-2-4 - License Suspension; Suspension of Operations4.1. The license of any operator may be suspended for no less than 30 nor more than 90 days when found to be in violation of the provisions of either the logging sediment control act or the water pollution control act for a second time within any two-year period. Under such circumstances, a compliance order and a suspension order issued for the same violation shall constitute a single offense for the purposes of license suspension.4.2. The director, or his or her designee, has the discretion to immediately suspend a timbering operator from further operations, a singular timbering operation, or any part of any operation in any part of the state.4.3. A compliance order must accompany the suspension order and define the violation as well as the corrective actions that must be taken to facilitate the release of the suspension order.4.4. Violations to be considered as cause for license suspension or a suspension order shall include, but not be limited to: 4.4.a. Failure to have a timbering operation supervised by a certified logger.4.4.b. Failure to notify the director, on a form provided by the director, at least 3 days prior to the beginning of a timbering operation.4.4.c. Providing invalid or misleading information on a notification form or failing to provide information on the form as required by the director.4.4.d. Failure to place a sign, as per section 3.7, at the timbering operation.4.4.e. Failure to use appropriate best management practices.4.4.f. Failure to observe compliance orders from the director.4.4.g. Failure to observe a suspension order from the director.4.4.h. Interfering with the director's or chief's access to the operation for inspection purposes during reasonable working hours or for emergencies.4.4.i. The director believes that observed damage or circumstances on a timbering operation are sufficient to endanger life or result in uncorrectable soil erosion or water pollution.4.4.j. Upon request from another state or federal agency that the operator is in violation of state or federal law.