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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