Section 38-14.1-28 - Enforcement procedures1. Whenever, on the basis of any information available to it, including information from any person, the commission has reason to believe that any requirement of this chapter or of any regulation adopted by the commission under this chapter or any permit condition has not been complied with, the commission shall immediately conduct an inspection, without a warrant, of the surface coal mining operation at which the alleged violation is occurring unless the information available is a result of a previous inspection of such operation. If, based on such inspection, the commission determines enforcement measures are appropriate, it shall initiate one of the following procedures: a. If the commission or its authorized representative determines that any condition, practice, or violation exists which also creates an imminent danger to the health or safety of the public, or is causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, the commission or its authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the condition, practice, or violation. Such cessation order remains in effect until the commission or its authorized representative determines that the condition, practice, or violation has been abated, or until modified, vacated, or terminated by the commission or its authorized representative pursuant to paragraph 2. (1) When the commission finds that the ordered cessation will not completely abate the imminent danger or the significant imminent environmental harm, the commission shall, in addition to the cessation order, impose any remedial measures on the operator deemed necessary to abate the imminent danger or the significant environmental harm.(2) Any cessation order issued pursuant to this paragraph expires within thirty days of actual notice to the operator or permittee unless a public hearing is held within that period within such reasonable proximity of the site to allow viewings of the site during the course of the hearing.b. If the commission or its authorized representative determines that any operator or permittee is in violation of any requirement of this chapter or regulations thereunder or any permit condition but it is unable to make the additional finding that a condition, practice or violation exists which also creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, the commission or its authorized representative shall serve on the operator or permittee a notice of violation. The notice must fix a reasonable time, not more than ninety days, for the abatement of the violation and shall provide opportunity for an informal conference pursuant to section 38-14.1-19 and for public hearing, if requested, pursuant to the procedures of section 38-14.1-30. (1) If the operator or permittee does not comply with the remedial measures set forth in the notice within the abatement period as originally fixed or subsequently extended for good cause shown and upon the written findings of the commission or its authorized representative, the commission or its authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or that portion thereof relevant to the violation. Such cessation order remains in effect until the commission determines that the violation has been abated, or until modified, vacated, or terminated by the commission or pursuant to paragraph 2.(2) Any cessation order issued pursuant to this paragraph expires within thirty days of actual notice to the operator or permittee unless a public hearing is held within that period within such reasonable proximity of the site to allow viewings of the site during the course of the hearing.c. If the commission or its authorized representative determines that a pattern of violations of any requirements of this chapter or of regulations thereunder or of any permit conditions exists or has existed and also finds that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of this chapter or any permit conditions, or that such violations are willfully caused by the permittee, an order to show cause why the permit should not be suspended or revoked shall promptly issue from the commission or its authorized representative and opportunity for a hearing on such order pursuant to procedures in subsection 2 of section 38-14.1-30 must be provided. Upon the permittee's failure to show cause why the permit should not be suspended or revoked, the commission or its authorized representative shall promptly suspend or revoke the permit.2. Any notices and orders issued pursuant to subsection 1 must set forth with reasonable specificity the nature of the violation and any remedial action required, any period of time established for abatement, and a reasonable description of the portion of the surface coal mining and reclamation operation to which the notice or order applies. All such notices and orders must be in writing, must be signed by the commission or its authorized representative, and must be served promptly upon the operator and permittee personally or by certified mail addressed to the permanent address of the operator and permittee.