SECTION 12.677. Cessation Orders

(a) Conditions, practices, or violations warranting a cessation order.

(1) An authorized representative of the Commission shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portion thereof, if he or she finds, on the basis of any inspection, any condition or practice, or any violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of an exploration approval or permit imposed under the Act or this chapter (relating to Coal Mining Regulations), which:

(A) creates an imminent danger to the health or safety of the public; or

(B) is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

(2) Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can be expected to cause significant, imminent environmental harm to land, air, or water resources.

(3) If the cessation ordered under subsection (a)(1) of this section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Commission shall impose affirmative obligations on the person to whom it is issued to abate the condition, practice, or violation. The order shall specify the time by which abatement shall be accomplished and may require, among other things, the use of existing or additional personnel and equipment.

(b) Failure to abate a notice of violation.

(1) An authorized representative of the Commission shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the relevant portion thereof, when a notice of violation has been issued under §12.678(a) of this title (relating to Notices of Violation) and the person to whom it was issued fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative.

(2) A cessation order issued under this subsection shall require the person to whom it is issued to take all steps the authorized representative of the Commission deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) Form of cessation order. A cessation order issued under subsections (a) or (b) of this section shall be in writing, signed by the authorized representative who issues it, 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 coal exploration or surface coal 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 an authorized representative of the Commission. The Commission, within 60 days after issuing the cessation order, shall notify in writing any person who has been identified as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.

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

(e) Modification, termination, and vacation. An authorized representative of the Commission 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 previously set was not caused by lack of diligence on the part of the person to whom it was issued.

(f) Termination of cessation order. An authorized representative of the Commission shall terminate a cessation order, by written notice to the person to whom the order was issued, when he determines that all conditions, practices or violations listed in the order have been abated. Termination shall not affect the right of the Commission to assess civil penalties for those violations under §§12.686 - 12.694 of this title (relating to Civil Penalties).

(g) Notification. Within 60 days after issuing a cessation order, the Commission will notify in writing the permittee, the operator, and any person who has been listed or identified by the applicant, permittee, or OSM as an owner or a controller of the operation, as defined in §12.3 of this title (relating to Definitions).

Source Note: The provisions of this §12.677 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective February 24, 2014, 39 TexReg 1121