§ 880-X-11C-.02. Cessation Orders
(a) An authorized representative of the Alabama Surface Mining Commission shall immediately order a cessation of surface coal mining and reclamation operations on the portion thereof relevant to the condition, practice or violation and issue a citation for an expeditious hearing before a hearing officer pursuant to Sections 9 and 10 of the Act, if he finds, on the basis of any inspection, any condition or practice, or any violation of the Act, these regulations or any condition of an exploration approval or permit imposed under the Act, or these regulations, which condition, practice or violation:
1. Creates an imminent danger to the health or safety of the public; or
2. Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.
(b) If the cessation ordered under Paragraph (1)(a) of this rule will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Alabama Surface Mining 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.
(c) Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit or license constitute a condition or practice which causes or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources.
(a) An authorized representative of the Alabama Surface Mining 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 Rule 880-X-11C-.03(1) 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.
(b) A cessation order issued under this Paragraph shall require the person to whom it is issued to take the steps the authorized representative of the Alabama Surface Mining Commission deems necessary to abate the violations in the most expeditious manner possible; such measures shall be included in the order.
(3) A cessation order issued under Paragraph (1) and (2) of this Rule shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:
(a) the nature of the violation;
(b) the remedial action or affirmative obligation required, if any, including interim steps, if appropriate;
(c) the time established for abatement, if appropriate, including the time for meeting any interim steps; and
(d) 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 Alabama Surface Mining Commission, or until the order expires pursuant to Section 25(e) of the Act.
(4) Reclamation operation 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.
(5) An authorized representative of the Alabama Surface Mining 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.
(6) An authorized representative of the Alabama Surface Mining 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 Alabama Surface Mining Commission to assess civil penalties for those violations under Rule 880-X-11D.
(7) Within sixty days after issuing a cessation order, the Alabama Surface Mining Commission shall notify in writing any person who has been identified under 880-X-8K-.11(8) and 880-X-6A-.06(d) and (e) as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.
Author: Randall C. Johnson(May 20, 1982; Amended: November 14, 1989; effective: March 7, 1991; Amended: September 12, 1991; effective: June 10, 1992.)
Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 76, 79, 80, 85, 92, 93, 94, 95.
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