Okla. Admin. Code § 460:10-37-2

Current through Vol. 42, No. 4, November 1, 2024

Section 460:10-37-2 - Cessation Orders

(a) The Director or his or her authorized representative shall immediately order a cessation of non-coal surface mining and reclamation operations or of the relevant portion thereof, if finding on the basis of any inspection, and condition or practice, or any violation of 45 O.S., Section 721 et seq., this Chapter, other state law, or any condition of a permit imposed under 45 O.S., Section 721 et seq., or this Chapter which creates an imminent danger to the health and safety of the public. If the cessation ordered under this Section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the Director or his or her authorized representative shall impose affirmative obligations on the operator to whom it issued to abate the condition, practice or violation. The order shall specify the time by which abatement shall be accomplished.

(b) The Director or his or her authorized representative shall immediately order a cessation of non-coal surface mining and reclamation operations, or of the relevant portion thereof, when notice of violation has been issued and an operator fails to abate the violation within the abatement period fixed or subsequently extended by the Director or authorized representative. A cessation order issued under this subsection shall require the operator to whom it is issued to take all steps the Director or his or her authorized representative deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Any citation(s) issued by the Department to an entity or individual that the Department determines has mined without a permit in violation of 45 O.S. Section 724 or this Chapter shall be assessed by the Department a fine up to Ten Thousand Dollars ($10,000.00), including individuals, or agents of said entity. Any agent is jointly and severally liable with its principal for such violation and any resulting fines. Any fine assessed by the Department shall be made pursuant to the following :

(1) Two thousand five hundred dollars ($2,500.00) for the first Cessation Order issued for mining without a permit.

(2) Five thousand dollars ($5,000.00) for the second Cessation Order issued for mining without a permit.

(3) Ten thousand dollars ($10,000.00) for the third Cessation Order issued for mining without a permit.

(4) Any person subsequently issued a citation for mining without a permit shall be subject to Ten thousand dollars ($10,000.00) for each subsequent occurrence.

(d) A Cessation order issued under (a), (b) or (c) of this Section shall be in writing, signed by the Director or authorized representative, and shall set forth with reasonable specificity:

(1) The nature of the violation;

(2) The remedial action or 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 non-coal surface 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 Director or his or her authorized representative.

(e) Reclamation operations and other activities intended to protect the public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(f) The Director or 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 for previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(g) The Director or authorized representative shall terminate a cessation order, by written notice to the operator to whom the order was issued, when he or she determines that all conditions, practices or violations listed in the order have been abated.

Okla. Admin. Code § 460:10-37-2

Amended at 23 Ok Reg 3057, eff 7-27-06; Amended at 26 Ok Reg 3002, eff 8-27-09