Section 444.885

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 1979   

  444.885.  Cessation orders — suspension or revocation of permits — injunctive relief. — 1.  When, on the basis of any inspection, the commission, the director, or any authorized representative of the commission, determines that any condition or practices exist, or that any permittee is in violation of any requirement of this law, regulation, or any permit provision, which condition, practice or violation 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 the director or any such 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 shall remain in effect until the commission or the director or any authorized representative determines that the condition, practice or violation has been abated, or until modified, vacated, or terminated by the commission or the director pursuant to subsection 4 of this section.  Where the commission or the director or any authorized representative finds that the ordered cessation of surface coal mining and reclamation operations, or any portion thereof, will not completely abate the imminent danger to health or safety of the public or the significant imminent environmental harm to land, air, or water resources, the commission or director or authorized agent shall, in addition to the cessation order, impose affirmative obligations on the operator requiring him to take whatever steps deemed necessary to abate the imminent danger or the significant environmental harm.

  2.  (1)  When, on the basis of any inspection, the commission or the director or any authorized representative of the commission determines that any permittee is in violation of any requirement of this law or regulation or any permit condition, but such violation does not create an imminent danger to the health or safety of the public, or cannot be reasonably expected to cause significant, imminent environmental harm to land, air, or water resources, the commission or the director or any authorized representative of the commission shall issue a notice to the permittee or his agent fixing a reasonable time but not more than ninety days for the abatement of the violation and providing opportunity for public hearing.

  (2)  If, upon expiration of the period of time as originally fixed or subsequently extended, for good cause shown and upon the written finding of the commission or the director, the commission or the director finds that the violation has not been abated, the commission or director shall immediately order a cessation of surface coal mining and reclamation operations or the portion thereof relevant to the violation.  Such cessation order shall remain in effect until the commission or the director determines that the violation has been abated, or until modified, vacated, or terminated by the commission or the director pursuant to subsection 4 of this section.  In the order of cessation the commission or director shall determine the steps necessary to abate the violation in the most expeditious manner possible, and shall include the necessary measures in the order.

  3.  When the commission or the director determines that a pattern of violations of any requirements of this law, regulations, or any permit conditions exist or have existed, and if the commission or the director also finds that such violations are caused by the unwarranted failure of the permittee to comply with any requirements of this law, regulations, or any permit conditions, or that such violations are willfully caused by the permittee, the commission or the director shall forthwith issue an order to the permittee to show cause as to why the permit should not be suspended or revoked and shall provide opportunity for a public hearing.  If a hearing is requested the commission shall inform all interested parties of the time and place of the hearing.  Upon the permittee's failure to show cause as to why the permit should not be suspended or revoked, the commission shall forthwith suspend or revoke the permit.

  4.  Notices and orders issued pursuant to this section shall set forth with reasonable specificity the nature of the violation and the remedial action required, the 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.  Each notice or order issued under this section shall be given promptly to the permittee or his agent and all such notices and orders shall be in writing and shall be signed.  Any notice or order issued pursuant to this section may be modified, vacated, or terminated by the commission or the director.  Any notice or order issued pursuant to this section which requires cessation of mining shall expire within thirty days of actual notice unless an informal public hearing is held by the commission or director at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of such public hearing, and within fifteen days thereof, the commission or director shall affirm, modify or vacate the order and give notice thereof to all parties.

  5.  The commission or director may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the circuit court of the county in which the surface coal mining and reclamation operation is located or in which the operator thereof has his principal office, whenever such operator or his agent:

  (1)  Violates or fails or refuses to comply with any final order or decision by the commission or director or any authorized representative; or

  (2)  Interferes with, hinders, or delays the commission, the director, or its authorized representative in carrying out the provisions of this law; or

  (3)  Refuses to admit the commission members, the director or any authorized representatives to the mine, or refuses to permit inspection of the mine; or

  (4)  Refuses to furnish any information or report requested by the commission or director; or

  (5)  Refuses to permit access to, and copying of, such records as the commission or director determines necessary; or

  (6)  Mines or disturbs any lands without a permit.

­­--------

(L. 1979 H.B. 459)