§ 30:921 — Enforcement

Louisiana § 30:921

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§921. Enforcement
A.(1) Whenever, on the basis of any information available to him, including receipt
of information from any person, the secretary has reason to believe that any person is in
violation of any requirement of this Chapter or any permit condition required by this Chapter,
the secretary shall immediately order inspection of the surface coal mining operation at
which the alleged violation is occurring unless the information available to the secretary is
a result of a previous inspection of such surface coal mining operation. When the inspection
results from information provided to the secretary by any person, the secretary shall notify
such person when the inspection is proposed to be carried out and such person shall be
allowed to accompany the inspector during the inspection.
(2) When, on the basis of any inspection, the secretary or his authorized
representative determines that any condition or practices exist, or that any permittee is in
violation of any requirement of this Chapter or any permit condition required by this Chapter,
which condition, practice, or violation also creates an imminent danger to the health or safety
of the public, or is causing, or can reasonably be expected to cause significant, imminent
environmental harm to land, air, or water resources, the secretary or his authorized
representative shall immediately order a cessation of surface coal mining and reclamation
operations or the portion thereof relevant to the condition, practice or violation. Such
cessation order shall remain in effect until the secretary or his authorized representative
determines that the condition, practice, or violation has been abated, or until modified,
vacated, or terminated by the secretary or his authorized representative pursuant to Paragraph
(5) of this Subsection. Where the secretary finds that the ordered cessation of surface coal
mining and reclamation operations, or any portion thereof, will not completely abate the
imminent danger to health or safety of the public or the significant imminent environmental
harm to land, air, or water resources, the secretary shall, in addition to the cessation order,
impose affirmative obligations on the operator requiring him to take whatever steps the
secretary deems necessary to abate the imminent danger or the significant environmental
harm.
(3)(a) When, on the basis of an inspection, the secretary or his authorized
representative determines that any permittee is in violation of any requirement of this
Chapter or any permit condition required by this Chapter, but such violation does not create
an imminent danger to the health or safety of the public, or cannot be reasonably expected
to cause significant, imminent environmental harm to land, air, or water resources, the
secretary or authorized representative shall issue a notice to the permittee or his agent fixing
a reasonable time but not more than ninety days for the abatement of the violation and
providing opportunity for public hearing.
(b) If, upon expiration of the period of time as originally fixed or subsequently
extended, for good cause shown and upon the written finding of the secretary or his
authorized representative, the secretary or his authorized representative finds that the
violation has not been abated, he shall immediately order a cessation of surface coal mining
and reclamation operations or the portion thereof relevant to the violation. Such cessation
order shall remain in effect until the secretary or his authorized representative determines that
the violation has been abated, or until modified, vacated, or terminated by the secretary or
his authorized representative pursuant to Paragraph (5) of this Subsection. In the order of
cessation issued by the secretary under this Subsection, the secretary shall determine the steps
necessary to abate the violation in the most expeditious manner possible, and shall include
the necessary measures in the order.
(4) When, on the basis of an inspection, the secretary or his authorized representative
determines that a pattern of violations of any requirements of this Chapter or any permit
conditions required by this Chapter exists or has existed, and if the secretary or his
authorized representative also finds that such violations are caused by the unwarranted failure
of the permittee to comply with any requirements of this Chapter or any permit conditions,
or that such violations are willfully caused by the permittee, the secretary or his authorized
representative shall forthwith issue an order to the permittee to show cause as to why the
permit should not be suspended or revoked and shall provide opportunity for a public
hearing. If a hearing is requested the secretary shall inform all interested parties of the time
and place of the hearing. Upon the permittee's failure to show cause as to why the permit
should not be suspended or revoked, the secretary or his authorized representative shall
forthwith suspend or revoke the permit.
(5) Notices and orders issued pursuant to this Section shall set forth with reasonable
specificity the nature of the violation and the remedial action required, the period of time
established for abatement, and a reasonable description of the portion of the surface coal
mining and reclamation operation to which the notice or order applies. Each notice or order
issued under this Section shall be given promptly to the permittee or his agent by the
secretary or his authorized representative who issues such notice or order, and all such
notices and orders shall be in writing and shall be signed by such authorized representatives.
Any notice or order issued pursuant to this Section may be modified, vacated, or terminated
by the secretary or his authorized representative. Provided, that any notice or order issued
pursuant to this Section which requires cessation of mining by the operator shall expire
within thirty days of actual notice to the operator unless a public hearing is held at the site
or within such reasonable proximity to the site that any viewings of the site can be conducted
during the course of public hearing.
B. The secretary may institute a civil action for relief, including a permanent or
temporary injunction, restraining order, or any other appropriate order in the district court for
the parish in which the surface coal mining and reclamation operation is located or in which
the permittee thereof has his principal office, whenever such permittee or his agent (a)
violates or fails or refuses to comply with any order or decision issued by the secretary under
this Chapter, or (b) interferes with, hinders, or delays the secretary or his authorized
representatives in carrying out the provisions of this Chapter, or (c) refuses to admit such
authorized representative to the mine, or (d) refuses to permit inspection of the mine by such
authorized representative, or (e) refuses to furnish any information or report requested by the
secretary in furtherance of the provisions of this Chapter, or (f) refuses to permit access to,
and copying of, such records as the secretary determines necessary in carrying out the
provisions of this Chapter. Such court shall have jurisdiction to provide such relief as may
be appropriate. Temporary restraining orders may be issued in accordance with the Louisiana
Rules of Civil Procedure. Any relief granted by the court to enforce an order under clause
(a) of this Section shall continue in effect until the completion or final termination of all
proceedings for review of such order under this Title, unless, prior thereto, the district court
granting such relief sets it aside or modifies it.
C. Any person who shall, except as permitted by law, willfully resist, prevent,
impede, or interfere with the secretary or any of his agents in the performance of duties
required by this Chapter or regulations thereunder shall be punished by a fine of not more
than five thousand dollars or by imprisonment for not more than one year, or both.

Legislative History

Added by Acts 1978, No. 406, §1. Amended by Acts 1979, No. 553, §4; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.