Section 312 IAC 25-7-5 - State enforcement; cessation ordersAuthority: IC 14-34-2-1
Affected: IC 4-21.5; IC 14-34-3-1; IC 14-34-10-2; IC 14-34-15-6
Sec. 5.
(a) An authorized representative of the director, when conducting an inspection, shall immediately order a cessation of the portion of the surface coal mining and reclamation operation relevant to the condition, practice, or violation if he or she finds any condition or practice, or any violation of IC 14-34-10-2, or any condition of a permit required by IC 14-34-3-1, or any condition of an exploration approval 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) An authorized representative of the director shall immediately issue a cessation order to any person who does not hold a valid permit to conduct those operations.(c) Where the director or the director's authorized representative finds that the ordered cessation of surface coal mining operation, 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 in the most expeditious manner physically possible, the director shall, in addition to the cessation order, impose affirmative obligations on the permittee requiring him or her to take whatever steps the director deems necessary to abate the imminent danger or the significant environmental harm. The order shall specify the time by which abatement shall be accomplished.(d) When, on the basis of an inspection, an authorized representative of the director, for good cause shown and upon written findings, finds that a notice of violation has been issued under section 6(a) of this rule 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, he or she shall immediately order a cessation of coal exploration or that portion of the surface mining and reclamation operations relevant to the violation.(e) A cessation order issued under this section shall require the person to whom it is issued to take the steps necessary to abate the violations covered by the order in the most expeditious manner physically possible.(f) A cessation order issued under 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 condition, practice, or 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.(g) An authorized representative of the director 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.(h) An authorized representative of the director shall terminate a cessation order by written notice to the person to whom the order was issued: (1) for a cessation order under subsection (a) or (b), when the authorized representative of the director determines that the condition or practice resulting in the issuance of the cessation order has been abated; or(2) for a cessation order under subsection (d), when steps necessary to abate the violations covered by the order have been completed.(i) Termination of a cessation order shall not prohibit the director from assessing civil penalties for those violations under sections 13 through 21 of this rule.(j) The order shall remain in effect until the condition or practice resulting in the issuance of the cessation order has been abated or until vacated, modified, or terminated in writing by an authorized representative of the director or until the order expires under IC 14-34-15-6(d).(k) Within thirty (30) days after a cessation order is issued under this section or under 30 CFR 843.11 (except where an administrative law judge or a court of competent jurisdiction grants a stay of the cessation order and the stay remains in effect), the permittee shall provide the director with written documentation to establish one (1) of the following: (1) There has been no change since the immediately proceeding submittal of information under 312 IAC 25-4-17.(2) The information required from a permit application by 312 IAC 25-4-17, if not previously submitted.(3) The information needed to correct or update (to the date of the cessation order) information previously submitted and corrections or updates as needed.(l) The director, within sixty (60) days after issuing a cessation order, shall notify, in writing, any person who has been identified under subsection (k) and 312 IAC 25-4-17 as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.(m) Any determinations made under this section shall: (2) contain a right of appeal under IC 4-21.5.Natural Resources Commission; 312 IAC 25-7-5; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3592, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA