Section: 444.0885 Cessation orders--suspension or revocation of permits--injunctive relief. RSMO 444.885


Published: 2015

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Missouri Revised Statutes













Chapter 444

Rights and Duties of Miners and Mine Owners

←444.880

Section 444.885.1

444.890→

August 28, 2015

Cessation orders--suspension or revocation of permits--injunctive relief.

444.885. 1. When, on the basis of any inspection, the commission, the

director, or any authorized representative of the commission, determines that

any condition or practices exist, or that any permittee is in violation of

any requirement of this law, regulation, or any permit provision, 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 commission or the director or any such 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 commission or the director or any authorized representative determines

that the condition, practice or violation has been abated, or until modified,

vacated, or terminated by the commission or the director pursuant to

subsection 4 of this section. Where the commission or the director or any

authorized representative 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

commission or director or authorized agent shall, in addition to the

cessation order, impose affirmative obligations on the operator requiring him

to take whatever steps deemed necessary to abate the imminent danger or the

significant environmental harm.



2. (1) When, on the basis of any inspection, the commission or the

director or any authorized representative of the commission determines that

any permittee is in violation of any requirement of this law or regulation or

any permit condition, 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 commission or the director or any authorized representative of

the commission 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.



(2) 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 commission or the director, the commission or the director finds that the

violation has not been abated, the commission or director 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 commission or the director determines that the violation

has been abated, or until modified, vacated, or terminated by the commission

or the director pursuant to subsection 4 of this section. In the order of

cessation the commission or director shall determine the steps necessary to

abate the violation in the most expeditious manner possible, and shall

include the necessary measures in the order.



3. When the commission or the director determines that a pattern of

violations of any requirements of this law, regulations, or any permit

conditions exist or have existed, and if the commission or the director also

finds that such violations are caused by the unwarranted failure of the

permittee to comply with any requirements of this law, regulations, or any

permit conditions, or that such violations are willfully caused by the

permittee, the commission or the director 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 commission 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 commission shall forthwith

suspend or revoke the permit.



4. 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 and all such notices and orders shall be in writing and shall be

signed. Any notice or order issued pursuant to this section may be modified,

vacated, or terminated by the commission or the director. Any notice or

order issued pursuant to this section which requires cessation of mining

shall expire within thirty days of actual notice unless an informal public

hearing is held by the commission or director at the site or within such

reasonable proximity to the site that any viewings of the site can be

conducted during the course of such public hearing, and within fifteen days

thereof, the commission or director shall affirm, modify or vacate the order

and give notice thereof to all parties.



5. The commission or director may request the attorney general to

institute a civil action for relief, including a permanent or temporary

injunction, restraining order, or any other appropriate order in the circuit

court of the county in which the surface coal mining and reclamation

operation is located or in which the operator thereof has his principal

office, whenever such operator or his agent:



(1) Violates or fails or refuses to comply with any final order or

decision by the commission or director or any authorized representative; or



(2) Interferes with, hinders, or delays the commission, the director, or

its authorized representative in carrying out the provisions of this law; or



(3) Refuses to admit the commission members, the director or any

authorized representatives to the mine, or refuses to permit inspection of

the mine; or



(4) Refuses to furnish any information or report requested by the

commission or director; or



(5) Refuses to permit access to, and copying of, such records as the

commission or director determines necessary; or



(6) Mines or disturbs any lands without a permit.



(L. 1979 H.B. 459)







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