Section 86.212. Federal minimum enforcement action

(a) As required by section 521 of the Surface Mining Control and Reclamation Act (30 U.S.C.A. § 1271) and 30 CFR 840.13 and 843.11 (relating to enforcement authority; and cessation orders), the Department will issue a cessation order, or take other appropriate enforcement action to accomplish cessation, if the Department determines that a condition, practice or violation exists which meets one or more of the following:

(1) Creates an imminent danger to the health of the public.

(2) Is causing, or in the opinion of the Department can reasonably be expected to cause, significant, imminent harm to land, air or water resources.

(3) Will not be abated within an abatement period specified in a Department order.

(b) The requirements that the Department issue cessation orders in those circumstances specified in subsection (a) does not limit the Department’s discretionary authority to issue cessation orders, or to modify the Commonwealth’s criteria for the issuance of cessation orders in other cases. The requirement placed on the Department to issue cessation orders under this section does not limit the availability of other remedies at law or in equity. When cessation of the operator does not in itself abate the violation, the cessation order shall impose affirmative obligations to abate the violation condition or practice.

(c) Within 30 days after a cessation order is issued under this subsection, or under the Federal regulations, except when a stay of the cessation order is granted and remains in effect, the permittee shall submit one of the following concurrent to the date of issuance of the cessation order:

(1) New information needed to correct or update the information previously submitted under § 86.62 (relating to identification of interests).

(2) If there are no changes, updates or corrections to the information required under § 86.62, only a statement indicating that no change has occurred in the information previously submitted.

(3) If not previously submitted, the information required from a permit applicant by § 86.62.

(d) Within 60 days after issuing a cessation order, the Department will notify, in writing, a person who has been identified under § 86.62 and subsection (c) as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller responsible for the correction of the violation.

The provisions of this § 86.212 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial page (158808).

Notation

Cross References

This section cited in 25 Pa. Code § 86.62 (relating to identification of interests).