ENFORCE35115

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Date: 9/27/2000
• Doc Name: MINE SITE EVALUATION STATE PROGRAM
• Violation No.: CV2000009
• Media Type: D
• Archive: No

!"JiPORTANT-- PLEASE READ CARE:"lJLLY
Permanent Regulatory Procedures
t. Formal Review and Temporary Relief. You may apply for review of this Notice by submitting an application for
review, within 30 days o1 receipt of this Notice by you or your agent to:
Hearings Division
Office of Hearings and Appeals
U.S. Department of the Interior
4015 Wilson Boulevard
Arlington, Virginia 22203
[phone]
If you apply for a formal review, you may request temporary relief from complying with this Notice. Your request must
be filed with the Hearings Division at the above address prior to a decision in the formal review. The procedures for
obtaining a formal review or temporary relief are contained in Title 43 Code of Federal Regulations Section 4.
2. Informal Public Hearing. A Notice of Violation which requires cessation of mining, expressly or by necessary
implication, shall expire within 30 days after it is served unless an informal public hearing has been held within that time.
On the first page of this Notice of Violation, the authorized representative has made a finding as to whether or not this
Notice of Violation requires cessation of mining. If you are entitled to an informal review please notify the OSM office
indicated on this Notice of tltolation
No hearing will be held where the violation in question has been abated, or the hearing has been waived. Your right to
an Informal review will be deemed waived unless you request an informal review within 30 days after service of this Notic
OSM may conduct the hearing later than the 30 day period with the consent of the person to whom this Notice was
issued. You will be deemed to have consented to an extension of the time for holding the hearing if your request ~ receiv-
ed on or after the 21st day after the service of this Notice.
3. Penalties. You may submit information in writing pertaining to the violation(s) covered by this Notice within 15 days
of the date that it is served on you or your agent. This information will be considered in determining the facts surrounding
the violation and the amount of penalty. You may also submit a request that the Director waive the use of the fornula
contained in 30 CFR Part 845 in determining civil penalty for the violations cited in this Notice. Your request must be
submitted to the Director within 15 days of service of the Notice and must include your reasons for requesting the waiver.
A waiver will be granted only if the Director determines that, that taking into account execptlonal factors present in the
particular case, the penalty is demonstrably unjust. If you wish to submit this iniornation, you should send it to one of the
three addresses below:
For OSM's Applachian Region: For OSM's Mid-Continent Region: For OSM's Western Region:
US DOI, OSM US DOI, OSM US DOI, OSM
Knoxville Field Office Mid-Continent Regional Office Westem Regional Office
Program Support Group; Program Support Group; Program Support Group;
530 Gay Street. S. W., Suite 500 501 Belle Sheet 1999 Broadway, Suite 3320
Knoxville, TN 37902 Alton, IL 62002 Denver, CO 80202
For each violation covered by this Notice, a penalty of up to SS,000 may be assessed for each day during which that
violation continues
Pursuant to 30 CFR 845.73(b) the amount of the penalty may be reduced significantly if you abate the violations in the
shortest possible time using extraordinary measures. If you believe you have abated one or more of the violations in the
shortest possible time using extraordinary measures, contact the inspector that issued this Notice and ask for an abate-
ment inspection.
If you fail to correct any of the violations within the time set far ahaternent (unless extended by the inspector) or for
meeting any interim step a failure to abate cessation order will be issued by the Inspector. This order will require you to
cease surface coal mining operations or the portion relevant to the violations and you must be assessed a penalty of at
least $825 per day each day that the violation continues up to a maximum of thirty days.
4. Effect on Permit. In addition, if it is determined that a pattern of violations of any requirement(s) of the Act, the
regulations, or permit conditions exists, and that the violations were caused by unwarranted failure of the permittee or
were willful violations, tho permit may be suspended or revoked,
FOR FURTHER INFORMATION, PLEASE CONSULT Title 43 Code of Federal Regulations Section 4; Title 30 Code of
Federal Regulations Chapter VII; and Title V of the Act, or CONTACT the nearest OSM Office for a copy of the 'Rights of
Operators and Permittees' manual.