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_GENERAL DOCUMENTS - M1983052 (4)
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Last modified
10/15/2024 11:50:56 AM
Creation date
11/23/2007 2:22:09 PM
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DRMS Permit Index
Permit No
M1983052
IBM Index Class Name
General Documents
Doc Name
M-1983-052
Media Type
D
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No
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4 <br /> Sec. 3809. 601 What types of enforcement action may BLM take if I do not meet <br /> the requirements of this subpart? <br /> BLM may issue various types of enforcement orders, including the <br /> following: <br /> (a) Noncompliance order. If your operations do not comply with any <br /> provision of your notice, plan of operations, or requirement of this <br /> subpart, BLM may issue you a noncompliance order; and <br /> (b) Suspension orders. <br /> (1) BLM may order a suspension of all or any part of your operations <br /> after-- <br /> (i) You fail to timely comply with a noncompliance order for a <br /> significant violation issued under paragraph (a) of this section. <br /> A significant violation is one that causes or may result in <br /> environmental or other harm or dancer or that substantially <br /> deviates from the complete notice or approved plan of operations; <br /> (ii) BLM notifies you of its intent to issue a suspension order; <br /> and <br /> (iii) BLM provides you an opportunity for an informal hearing <br /> before the BLM State Director to object to a suspension. <br /> (2) BLM may order an immediate, temporary suspension of all or any part <br /> of your operations without issuing a noncompliance order, notifying you <br /> in advance, or providing you an opportunity for an informal hearing if-- <br /> (i) You do not comply with any provision of your notice, plan of <br /> operations, or this subpart; and <br /> (ii) An immediate, temporary suspension is necessary to protect <br /> health, safety, or the environment from imminent danger or harm. <br /> BLM may presume that an immediate suspension is necessary if you <br /> conduct plan-level operations without an approved plan of <br /> operations or conduct notice-level operations without submitting a <br /> complete notice. <br /> (3) BLM will terminate a suspension order under paragraph (b) (1) or <br /> (b) (2) of this section when BLM determines you have corrected the <br /> violation. <br /> (c) Contents of enforcement orders. Enforcement orders will specify-- <br /> (1) How you are failing or have failed to comply with the <br /> requirements of this subpart; <br /> (2) The portions of your operations, if any, that you must cease <br /> or suspend; <br /> (3) The actions you must take to correct the noncompliance and the <br /> time, not to exceed 30 calendar days, within which you must start <br /> corrective action; and <br /> (4) The time within which you must complete corrective action. <br /> Sec. 3809. 605 What are prohibited acts under this subpart? <br /> Prohibited acts include, but are not limited to, the following: <br /> (a) Causing any unnecessary or undue degradation; <br /> (b) Beginning any operations, other than casual use, before you file a <br /> notice as required by Sec. 3809.21 or receive an approved plan of <br /> operations as required by Sec. 3809. 412; <br /> (c) Conducting any operations outside the scope of your notice or <br /> approved plan of operations; <br /> (d) Beginning operations prior to providing a financial guarantee that <br /> meets the requirements of this subpart; <br /> (e) Failing to meet the requirements of this subpart when you stop <br />
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