§ 14-34-15-6 — Ordered cessation of coal mining and reclamation operations

Indiana § 14-34-15-6

• Jurisdiction: Indiana
• Art. 34: SURFACE COAL MINING AND RECLAMATION
• Ch. 15: Inspections, Monitoring, and Enforcement

Text

(a) As used in this section, "imminent danger
to the health or safety of the public" means the existence of:
(1) a condition;
(2) a practice; or
(3) a violation of a permit or other requirement of this article;
in a surface coal mining and reclamation operation that could
reasonably be expected to cause substantial physical harm to persons
outside the permit area before the condition, practice, or violation is
abated. A reasonable expectation of death or serious injury before
abatement exists if a rational person, subjected to the same conditions
or practices giving rise to the peril, would not expose the person to the
danger during the time necessary for abatement.
(b) If the director or inspector determines that:
(1) a condition or practice exists or a violation of this article or the
commission's rules has occurred that:
(A) creates an imminent danger to the health or safety of the
public; or
(B) is reasonably expected to cause significant, imminent
environmental harm to land, air, or water resources; or
(2) the permittee has not abated the violation within the time set
under section 5 of this chapter;
the director shall order the cessation of surface coal mining and
reclamation operations or the part relevant to the condition, practice,
or violation. In the cessation order, the director shall determine the
steps necessary to abate the violation in the most expeditious manner.
(c) If the director or inspector finds that the ordered cessation of
surface coal mining and reclamation operations, or any part, will not
completely abate:
(1) the imminent danger to health or safety of the public; or
(2) the significant imminent environmental harm to land, air, or
water resources;
the director shall, in addition to the cessation order, impose affirmative
obligations on the operator requiring the operator to take whatever
steps the director considers necessary to abate the imminent danger or
the significant environmental harm.
(d) The cessation order is effective for thirty (30) days after actual
notice of the order is sent to the permittee unless:
(1) the director determines the violation is abated;
(2) the order is modified, vacated, or terminated under section 8
of this chapter; or
(3) an informal public hearing is held in the county in which the
surface coal mining and reclamation operation is located, in
which case the effectiveness of the order may be more or less than
thirty (30) days.
(e) A cessation order issued under subsection (b) is effective when
served upon the permittee.
[Pre-1995 Recodification Citations: 13-4.1-1-3(4);
13-4.1-11-5.]

Legislative History

As added by P.L.1-1995, SEC.27.