§ 1271. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1271]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1271. Enforcement
(a) Notice of violation; Federal inspection; waiver of notification
period; cessation order; affirmative obligation on operator;
suspension or revocation of permits; contents of notices and
orders
(1) Whenever, on the basis of any information available to him,
including receipt of information from any person, the Secretary has
reason to believe that any person is in violation of any requirement of
this chapter or any permit condition required by this chapter, the
Secretary shall notify the State regulatory authority, if one exists, in
the State in which such violation exists. If no such State authority
exists or the State regulatory authority fails within ten days after
notification to take appropriate action to cause said violation to be
corrected or to show good cause for such failure and transmit
notification of its action to the Secretary, the Secretary shall
immediately order Federal inspection of the surface coal mining
operation at which the alleged violation is occurring unless the
information available to the Secretary is a result of a previous Federal
inspection of such surface coal mining operation. The ten-day
notification period shall be waived when the person informing the
Secretary provides adequate proof that an imminent danger of significant
environmental harm exists and that the State has failed to take
appropriate action. When the Federal inspection results from information
provided to the Secretary by any person, the Secretary shall notify such
person when the Federal inspection is proposed to be carried out and
such person shall be allowed to accompany the inspector during the
inspection.
(2) When, on the basis of any Federal inspection, the Secretary or
his authorized representative determines that any condition or practices
exist, or that any permittee is in violation of any requirement of this
chapter or any permit condition required by this chapter, 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 Secretary or his 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
Secretary or his authorized representative determines that the
condition, practice, or violation has been abated, or until modified,
vacated, or terminated by the Secretary or his authorized representative
pursuant to paragraph (5) of this subsection. Where the Secretary 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
Secretary shall, in addition to the cessation order, impose affirmative
obligations on the operator requiring him to take whatever steps the
Secretary deems necessary to abate the imminent danger or the
significant environmental harm.
(3) When, on the basis of a Federal inspection which is carried out
during the enforcement of a Federal program or a Federal lands program,
Federal inspection pursuant to section 1252, or section 1254(b) of this
title, or during Federal enforcement of a State program in accordance
with subsection (b) of this section, the Secretary or his authorized
representative determines that any permittee is in violation of any
requirement of this chapter or any permit condition required by this
chapter; 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 Secretary or authorized representative 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.
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 Secretary or his authorized representative, the Secretary or his
authorized representative finds that the violation has not been abated,
he 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 Secretary or his
authorized representative determines that the violation has been abated,
or until modified, vacated, or terminated by the Secretary or his
authorized representative pursuant to paragraph (5) of this subsection.
In the order of cessation issued by the Secretary under this subsection,
the Secretary shall determine the steps necessary to abate the violation
in the most expeditious manner possible, and shall include the necessary
measures in the order.
(4) When, on the basis of a Federal inspection which is carried out
during the enforcement of a Federal program or a Federal lands program,
Federal inspection pursuant to section 1252 or section 1254 of this
title or during Federal enforcement of a State program in accordance
with subsection (b) of this section, the Secretary or his authorized
representative determines that a pattern of violations of any
requirements of this chapter or any permit conditions required by this
chapter exists or has existed, and if the Secretary or his authorized
representative also find that such violations are caused by the
unwarranted failure of the permittee to comply with any requirements of
this chapter or any permit conditions, or that such violations are
willfully caused by the permittee, the Secretary or his authorized
representative 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
Secretary 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 Secretary or his
authorized representative shall forthwith suspend or revoke the permit.
(5) 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 by the Secretary or his authorized representative
who issues such notice or order, and all such notices and orders shall
be in writing and shall be signed by such authorized representatives.
Any notice or order issued pursuant to this section may be modified,
vacated, or terminated by the Secretary or his authorized
representative. A copy of any such order or notice shall be sent to the
State regulatory authority in the State in which the violation occurs:
Provided, That any notice or order issued pursuant to this section which
requires cessation of mining by the operator shall expire within thirty
days of actual notice to the operator unless a public hearing is held at
the site or within such reasonable proximity to the site that any
viewings of the site can be conducted during the course of public
hearing.
(b) Inadequate State enforcement; notice and hearing
Whenever on the basis of information available to him, the Secretary
has reason to believe that violations of all or any part of an approved
State program result from a failure of the State to enforce such State
program or any part thereof effectively, he shall after public notice
and notice to the State, hold a hearing thereon in the State within
thirty days of such notice. If as a result of said hearing the Secretary
finds that there are violations and such violations result from a
failure of the State to enforce all or any part of the State program
effectively, and if he further finds that the State has not adequately
demonstrated its capability and intent to enforce such State program, he
shall give public notice of such finding. During the period beginning
with such public notice and ending when such State satisfies the
Secretary that it will enforce this chapter, the Secretary shall
enforce, in the manner provided by this chapter, any permit condition
required under this chapter, shall issue new or revised permits in
accordance with requirements of this chapter, and may issue such notices
and orders as are necessary for compliance therewith: Provided, That in
the case of a State permittee who has met his obligations under such
permit and who did not willfully secure the issuance of such permit
through fraud or collusion, the Secretary shall give the permittee a
reasonable time to conform ongoing surface mining and reclamation to the
requirements of this chapter before suspending or revoking the State
permit.
(c) Civil action for relief
The Secretary 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 district court
of the United States for the district in which the surface coal mining
and reclamation operation is located or in which the permittee thereof
has his principal office, whenever such permittee or his agent (A)
violates or fails or refuses to comply with any order or decision issued
by the Secretary under this chapter, or (B) interferes with, hinders, or
delays the Secretary or his authorized representatives in carrying out
the provisions of this chapter, or (C) refuses to admit such authorized
representative to the mine, or (D) refuses to permit inspection of the
mine by such authorized representative, or (E) refuses to furnish any
information or report requested by the Secretary in furtherance of the
provisions of this chapter, or (F) refuses to permit access to, and
copying of, such records as the Secretary determines necessary in
carrying out the provisions of this chapter. Such court shall have
jurisdiction to provide such relief as may be appropriate. Temporary
restraining orders shall be issued in accordance with rule 65 of the
Federal Rules of Civil Procedure, as amended. Any relief granted by the
court to enforce an order under clause (A) of this section shall
continue in effect until the completion or final termination of all
proceedings for review of such order under this subchapter, unless,
prior thereto, the district court granting such relief sets it aside or
modifies it.
(d) Sanctions; effect on additional enforcement rights under State law
As a condition of approval of any State program submitted pursuant
to section 1253 of this title, the enforcement provisions thereof shall,
at a minimum, incorporate sanctions no less stringent than those set
forth in this section, and shall contain the same or similar procedural
requirements relating thereto. Nothing herein shall be construed so as
to eliminate any additional enforcement rights or procedures which are
available under State law to a State regulatory authority but which are
not specifically enumerated herein.
(Pub. L. 95-87, title V, Sec. 521, Aug. 3, 1977, 91 Stat. 504.)
References in Text
Rule 65 of the Federal Rules of Civil Procedure, referred to in
subsec. (c), is set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 1253, 1254, 1268, 1275, 1276
of this title.
