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<br />Page 9 <br />Section 1.04 <br />(c) <br />` <br />- --------------- -_ <br />(i) Is taking action to ensure that the perm.ittee and operator, <br />and owners and controllers of the permittee and operator, <br />will be precluded from receiving future permits while <br />violations continue at the site; and <br />{ii) Is taking action pursua ons 3-123(7), 123(9), <br />123(10), or 123(12) of the Act to ensure that abatement <br />occurs, or that there will not be a recurrence of the <br />failure-to-abate, except where after evaluating the circum- <br />stances it conclude that further enforcement offers little or <br />no Iikelihood of ucFessfully compelling abatement or <br />recover' any c1 at/`ion costs; and <br />(d) Where the site is, o ; pekitted o on d: <br />(i) he pert ' has either. expire d r been r ked; and <br />(ii) The Divis n has initiat i diligently pursuing forfei- <br />ture of, or has forfei , any la ance bond. <br />f(la Acid draina ens with a p of les t 6. h <br />total a dity xcee , otal alka , disc arge from. active, mach , <br />or aba do d surface co ' ne and reclama on eat nor from an <br />1 area affected by surface coal mining and rec mat oo r io <br /> <br /> <br />(3) <br />(4) <br />703(1) (5) <br /> <br />cid-forming materials" means earth materials that cone <br />ine or o materials which, if exposed to water ?_ f <br />wea ring pr ses, form acids that may create acid drainage. <br />"Act" means the Co do Surface oal Mi 'ng Reclamation Act, <br />A 3 of Title 34, as amended, C to Revi d Statutes of 1973. <br />ctive mid ar " means a place where work or other activity <br />relate a extr tion mto or recovery of coal is being <br />conducted excep , ith rface Ines, any area of Ian on o <br />in which grading has b e com leted return the earth to desired <br />conto and reclamation ork has begun. <br />"Adm' 's r s director of ision of Mined Land <br />a in the p? <br />Reclamat <br /> <br />mm of N ral <br />J'