Oklahoma § 45-776 - Conditions or practices in violation of act - Cessation

§ 45-776. Conditions or practices in violation of act - Cessation

order - Additional obligations on operator.

If, on the basis of any inspection, the Department determines

that any unacceptable condition or practice exists, or that any

permittee is in violation of any requirement of this act or any

permit condition required by this act, 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 Department 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 Department

determines that the condition, practice or violation has been

abated, or until modified, vacated or terminated by the Department.

If the Department finds that the ordered cessation of surface coal

mining and reclamation operations, or any portion thereof, will not

completely abate the imminent danger to the health or safety of the

public or the significant imminent environmental harm to land, air

or water resources, the Department shall, in addition to the

cessation order, impose affirmative obligations on the operator

requiring him to take whatever steps the Department deems necessary

to abate the imminent danger or the significant environmental harm.

Laws 1979, c. 249, § 43, emerg. eff. June 1, 1979.