Section 280.80 Enforcement Procedures

Section 280

Section 280.80  Enforcement

Procedures

The regulations of this Part set

forth the general procedures governing issuance of permit suspensions, notices

of violation and orders to show cause pursuant to Section 17(g) of the Act.

a)         Notices and Orders.  All Notices and Orders issued pursuant to

this Part shall set forth with reasonable specificity:

1)         the nature of the violation and the remedial action required;

2)         the period of time established for abatement; and

3)         a reasonable description of the portion of the surface coal

mining operation to which the Notice or Order applies.

b)         Imminent Dangers and Harms

1)         If the Director receives information of conditions or

practices, or of violations of applicable performance standards, including

Federal and State Regulations, or of violations of conditions contained in any

permit which create an imminent danger to the health or safety of the public,

the Director may immediately order suspension of a permit of a surface coal

mining operation or that portion of the operation relevant to the condition,

practice, or violation.

2)         If the Director receives information of conditions or

practices, or of violations of applicable performance standards, including

Federal and State Regulations, or of violations of conditions contained in any

permit, which are causing or can be reasonably expected to cause significant,

imminent environmental harm to land, air, or water resources, the Director may

immediately order suspension of a permit of a surface coal mining operation or

that portion of the operation relevant to the condition, practice or violation

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Federal and State Regulations, or of violations of conditions contained in any

permit, which are causing or can be reasonably expected to cause significant,

imminent environmental harm to land, air, or water resources, the Director may

immediately order suspension of a permit of a surface coal mining operation or

that portion of the operation relevant to the condition, practice or violation.

3)         The Regulatory Authority may impose affirmative obligations on

the operator which the Authority deems necessary to abate the condition, practice,

or violations if;

A)        a permit suspension order is issued under paragraph (a) or (b)

of this section; and

B)        the permit suspension and resulting cessation of mining or

reclamation activities will not completely abate the imminent danger or harm,

or eliminate the practices or conditions that contributed to the imminent

danger or harm.

4)         When imposing affirmative obligations under this Part, the

Regulatory Authority shall require abatement of the imminent danger or harm in

the most expeditious manner physically possible.  The affirmative obligation

shall include a time by which abatement shall be accomplished and may include,

among other things, the use of existing or additional personnel and equipment.

5)         Reclamation operations not directly the subject of the order

of suspension or affirmative obligation may continue during any permit

suspension order.

6)         The Regulatory Authority shall terminate its permit suspension

order issued under paragraph (a) or paragraph (b) of this section by written

notice when the Regulatory Authority determines that the conditions or

practices or violations that contributed to the imminent danger to life, or the

environment have been eliminated

obligation may continue during any permit

suspension order.

6)         The Regulatory Authority shall terminate its permit suspension

order issued under paragraph (a) or paragraph (b) of this section by written

notice when the Regulatory Authority determines that the conditions or

practices or violations that contributed to the imminent danger to life, or the

environment have been eliminated.

c)         Non-Imminent Danger or Harm

1)         If the Regulatory Authority finds conditions or practices, or

violations of applicable performance standards, including Federal and State

Regulations or violations of conditions included in any permit which do not

create an imminent danger to life or the environment the Regulatory Authority

may issue a notice of violation fixing a reasonable time for abatement.

2)         The Regulatory Authority may extend the time to abate a

violation by written notice if the failure to abate within the time set was not

caused by the permittee's lack of diligence.

3)         The Regulatory Authority may establish interim steps in an

abatement period.  If the permittee fails to meet any interim step within the

time set, the Regulatory Authority may extend the time set for meeting the

interim step, by written notice or may issue a permit suspension order pursuant

to (d) of this Section.

4)         The total time for abatement as originally fixed and

subsequently extended shall not exceed ninety days.

d)         Failure to Abate.  The Director may suspend, modify, or revoke

the permit if a coal mining operation, or the portion relevant to the

violation, when a notice of violation has been issued under (c) of this Section

and the permittee fails to abate the violation within the time originally fixed

or subsequently extended.  In a suspension, modification, or revocation order

issued under this Section, the Regulatory Authority shall impose affirmative

obligations to abate the violations in the manner provided in (b) of the

Section

violation, when a notice of violation has been issued under (c) of this Section

and the permittee fails to abate the violation within the time originally fixed

or subsequently extended.  In a suspension, modification, or revocation order

issued under this Section, the Regulatory Authority shall impose affirmative

obligations to abate the violations in the manner provided in (b) of the

Section.  Reclamation operations not directly subject to the affirmative

obligations imposed may be allowed to continue during a suspension,

modification, or revocation order.  Any order issued under this Section may be

terminated when the Regulatory Authority determines that the conditions or

practices, or violations have been abated.

e)         Service of Notice.  Notices and orders issued under this Part

shall be given to the permittee or his designated agent.  If no designated

agent is found at the mine site, service will be made on the person who, based

on reasonable inquiry by the Regulatory Authority, appears to be in charge of

the surface coal mining operation.  The person receiving service shall be

responsible for any immediate compliance actions required by the notice or

order.  If no person is present or available to receive service, service may be

made by posting a copy of the notice of violation at the mine.  Service is

complete on posting at the mine; however, a copy of each notice or order shall

be mailed to the permittee at the address listed on the records of the

Regulatory Authority.

f)         Hearings – Permit Suspension, Modification, or Revocation

1)         Within 10 days after the permittees has received any permit

suspension, modification, or revocation order under this Part the Regulatory

Authority may conduct a hearing at the mine site or within such reasonable

proximity to the mine that it may be visited during the hearing.  No hearing

will be required if the condition, practice, or violation in question has been

abated or if the permittee waives the hearing

er the permittees has received any permit

suspension, modification, or revocation order under this Part the Regulatory

Authority may conduct a hearing at the mine site or within such reasonable

proximity to the mine that it may be visited during the hearing.  No hearing

will be required if the condition, practice, or violation in question has been

abated or if the permittee waives the hearing.

2)         All hearings held in connection with a permit suspension,

modification, or revocation order shall be conducted in accordance with Article

10 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,

par. 1010-5 et seq.) provided that Section 10-45 shall not apply to those hearings

where the Director is present at the hearing.

3)         Notices of the time, place and subject matter of the hearing

shall be given to the permittee, any citizen who filed a report which led to

the order to be reviewed and the Federal Office of Surface Mining.  Notice of

the hearing also shall be posted at the appropriate district or field office,

at the mine site, and to the extent possible in a newspaper in the area of the

mine.

4)         Within 15 days of the close of the hearing, the Regulatory

Authority shall affirm, modify, or vacate the order.  The decision shall be in

writing and shall be sent to the permittee, any citizen who filed a report

which led to issuance of the order and the Federal Office of Surface Mining.

5)         The Director may appoint an employee of the Regulatory

Authority or an attorney licensed to practice law in Illinois to conduct

hearings under this Part.

g)         Hearings – Notice of Violation

1)         Within 30 days after the permittee has received a notice of

violation under this Part the Regulatory Authority may conduct a hearing at the

mine site or within such reasonable proximity to the mine that it may be

visited during the hearing

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Authority or an attorney licensed to practice law in Illinois to conduct

hearings under this Part.

g)         Hearings – Notice of Violation

1)         Within 30 days after the permittee has received a notice of

violation under this Part the Regulatory Authority may conduct a hearing at the

mine site or within such reasonable proximity to the mine that it may be

visited during the hearing.  Unless the permittee files a request for a hearing

within 15 days after receipt of the notice of violation or within the time

fixed for abatement of the violation, whichever comes first, its right to a

hearing shall be deemed waived, and the citation shall stand as admitted.

2)         All hearings held under this Section shall be conducted in the

same manner as hearings held under Section (f), except that the 15-day period

for decision contained in (f) (d) shall not apply.