OAC 460:20-59-4 Notice of Violation
The Director or his authorized representative shall issue a notice of violation if, on the basis of an inspections, he or she finds a violation of the Act, these regulation, or any condition of a permit or exploration approval imposed under the Act or these Regulations, which does not create an imminent danger or harm for which a cessation order must be issued under Section 460:20-59-3.
A notice of violation issued under this Section shall be in writing and signed by the authorized representative who issues it, and shall set forth with reasonable specificity
- The nature of the violation;
- The remedial action required, which may include interim steps;
- A reasonable time for abatement, which may include time for accomplishment of interim steps;
- A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.
OAC 460:20-59-3 Cessation Orders
The Director or his authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or of the relevant portions thereof, if he or she finds, on the basis or any violation of the Act, these Regulations, any applicable program, or any condition of an explorations approval or permit imposed under any such program, the Act, or these Regulations which: Creates an imminent danger to health or safety of the public
Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.
A cessation order issued under...shall be in writing, signed by the Director or his authorized representative who issues it, and shall set forth with reasonable specificity:
- The nature of the condition, practice, or violation;
- The remedial action or affirmative obligation required, if any, including interim steps, if appropriate;
- The time established for abatement if appropriate;
- A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation resulting in the issuance of the cessation order has been abated or until vacated, modified, or terminated in writing by the Director or his authorized representative, or until the order expires pursuant to 45 O.S. 981, Section 779 and OAC 460:20-59-7