Section 69-05.2-28-03 - Inspection and enforcement - Cessation order -Affirmative relief - Modification - Vacation - Termination - Notice to owners and controllers1. If a cessation ordered under subdivision a of subsection 1 of North Dakota Century Code section 38-14.1-28 will not completely abate the imminent danger or harm as quickly as possible, the commission or its authorized representative will impose affirmative obligations on the operator or permittee to abate the condition, practice, or violation. The cessation order will specify the timetable for abatement and any interim steps. The cessation order may also require the use of existing or additional personnel and equipment. 2. Reclamation operations and related activities must continue while a cessation order is in force unless otherwise provided in the order. 3. The commission or its authorized representative may modify, terminate, or vacate a cessation order for good cause and may extend the time for abatement if failure to abate was not caused by lack of diligence by the permittee or operator. 4. The commission or its authorized representative will terminate a cessation order by written notice when all conditions, practices, or violations listed in the order are abated. 5. Termination of a cessation order does not affect the commission's right to assess civil penalties for the violation, condition, or practice for which the order was issued. 6. Surface coal mining operations conducted without a valid permit constitute a condition or practice which causes or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, unless the operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting them has filed a timely and complete permit application. 7. Within sixty days after issuing a cessation order, the commission will notify in writing any person identified under subsection 3 of section 69-05.2-10-05 and subdivisions e and f of subsection 1 of section 69-05.2-06-01 as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller. N.D. Admin Code 69-05.2-28-03
Effective August 1, 1980; amended effective May 1, 1990; May 1,1992; July 1, 1995.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-28