444.885. Cessation orders--suspension or revocation of permits--injunctive relief.
Cessation orders--suspension or revocation of permits--injunctiverelief.
444.885. 1. When, on the basis of any inspection, thecommission, the director, or any authorized representative of thecommission, determines that any condition or practices exist, orthat any permittee is in violation of any requirement of thislaw, regulation, or any permit provision, which condition,practice or violation also creates an imminent danger to thehealth or safety of the public, or is causing, or can reasonablybe expected to cause, significant, imminent environmental harm toland, air, or water resources, the commission or the director orany such authorized representative shall immediately order acessation of surface coal mining and reclamation operations orthe portion thereof relevant to the condition, practice, orviolation. Such cessation order shall remain in effect until thecommission or the director or any authorized representativedetermines that the condition, practice or violation has beenabated, or until modified, vacated, or terminated by thecommission or the director pursuant to subsection 4 of thissection. Where the commission or the director or any authorizedrepresentative finds that the ordered cessation of surface coalmining and reclamation operations, or any portion thereof, willnot completely abate the imminent danger to health or safety ofthe public or the significant imminent environmental harm toland, air, or water resources, the commission or director orauthorized agent shall, in addition to the cessation order,impose affirmative obligations on the operator requiring him totake whatever steps deemed necessary to abate the imminent dangeror the significant environmental harm.
2. (1) When, on the basis of any inspection, the commissionor the director or any authorized representative of thecommission determines that any permittee is in violation of anyrequirement of this law or regulation or any permit condition,but such violation does not create an imminent danger to thehealth or safety of the public, or cannot be reasonably expectedto cause significant, imminent environmental harm to land, air,or water resources, the commission or the director or anyauthorized representative of the commission shall issue a noticeto the permittee or his agent fixing a reasonable time but notmore than ninety days for the abatement of the violation andproviding opportunity for public hearing.
(2) If, upon expiration of the period of time as originallyfixed or subsequently extended, for good cause shown and upon thewritten finding of the commission or the director, the commissionor the director finds that the violation has not been abated, thecommission or director shall immediately order a cessation ofsurface coal mining and reclamation operations or the portionthereof relevant to the violation. Such cessation order shallremain in effect until the commission or the director determinesthat the violation has been abated, or until modified, vacated,or terminated by the commission or the director pursuant tosubsection 4 of this section. In the order of cessation thecommission or director shall determine the steps necessary toabate the violation in the most expeditious manner possible, andshall include the necessary measures in the order.
3. When the commission or the director determines that apattern of violations of any requirements of this law,regulations, or any permit conditions exist or have existed, andif the commission or the director also finds that such violationsare caused by the unwarranted failure of the permittee to complywith any requirements of this law, regulations, or any permitconditions, or that such violations are willfully caused by thepermittee, the commission or the director shall forthwith issuean order to the permittee to show cause as to why the permitshould not be suspended or revoked and shall provide opportunityfor a public hearing. If a hearing is requested the commissionshall inform all interested parties of the time and place of thehearing. Upon the permittee's failure to show cause as to whythe permit should not be suspended or revoked, the commissionshall forthwith suspend or revoke the permit.
4. Notices and orders issued pursuant to this section shallset forth with reasonable specificity the nature of the violationand the remedial action required, the period of time establishedfor abatement, and a reasonable description of the portion of thesurface coal mining and reclamation operation to which the noticeor order applies. Each notice or order issued under this sectionshall be given promptly to the permittee or his agent and allsuch notices and orders shall be in writing and shall be signed.Any notice or order issued pursuant to this section may bemodified, vacated, or terminated by the commission or thedirector. Any notice or order issued pursuant to this sectionwhich requires cessation of mining shall expire within thirtydays of actual notice unless an informal public hearing is heldby the commission or director at the site or within suchreasonable proximity to the site that any viewings of the sitecan be conducted during the course of such public hearing, andwithin fifteen days thereof, the commission or director shallaffirm, modify or vacate the order and give notice thereof to allparties.
5. The commission or director may request the attorneygeneral to institute a civil action for relief, including apermanent or temporary injunction, restraining order, or anyother appropriate order in the circuit court of the county inwhich the surface coal mining and reclamation operation islocated or in which the operator thereof has his principaloffice, whenever such operator or his agent:
(1) Violates or fails or refuses to comply with any finalorder or decision by the commission or director or any authorizedrepresentative; or
(2) Interferes with, hinders, or delays the commission, thedirector, or its authorized representative in carrying out theprovisions of this law; or
(3) Refuses to admit the commission members, the director orany authorized representatives to the mine, or refuses to permitinspection of the mine; or
(4) Refuses to furnish any information or report requestedby the commission or director; or
(5) Refuses to permit access to, and copying of, suchrecords as the commission or director determines necessary; or
(6) Mines or disturbs any lands without a permit.
(L. 1979 H.B. 459)