Section 207.104. Enforcement

(a) The Department has the authority to issue orders necessary to ensure compliance with section 2(f) of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-2(f)), known as the General Safety Law, and this chapter. This authority includes orders:

(1) Revoking or suspending a certificate of qualification to be a foreman.

(2) Ceasing or suspending the operation of a noncoal underground mine or developed facility.

(3) Requiring the abatement of an unsafe condition or practice.

(b) Except for orders abating a condition that is an imminent hazard or ceasing, in whole or in part, the operation of a noncoal underground mine or developed facility due to the existence of an imminent hazard, the Department will not issue an order abating a condition or correcting a violation of this chapter until the owner or operator has had an opportunity to meet with the Department to discuss the matter and the owner or operator has had a reasonable opportunity to abate the condition or correct the violation.

The provisions of this § 207.104 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.