Okla. Stat. tit. 45, § 45-777
This is the official text of Okla. Stat. tit. 45, § 45-777, part of Oklahoma’s Stat. tit. 45, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 45,." Browse the sections below, each linked to its official government source.
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Abatement of violation - Notice - Hearing - Cessation
Official statutory text
orders.
If the Department determines that any permittee is in violation
of any requirement of this act or any permit condition required by
Oklahoma Statutes - Title 45. Mines and Mining Page 111
this act, 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 Department shall issue a notice to the
permittee or his agent fixing a reasonable time not to exceed ninety
(90) 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 Department, the Department finds that the violation
has not been abated, it 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 Department determines that the violation
has been abated, or until modified, vacated or terminated by the
Department. In the order of cessation issued by the Department
under this section, the Department shall determine the steps
necessary to abate the violation in the most expeditious manner
possible, and shall include the necessary measures to abate in the
order.
If the Department determines that any permittee is in violation
of any requirement of this act or any permit condition required by
Oklahoma Statutes - Title 45. Mines and Mining Page 111
this act, 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 Department shall issue a notice to the
permittee or his agent fixing a reasonable time not to exceed ninety
(90) 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 Department, the Department finds that the violation
has not been abated, it 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 Department determines that the violation
has been abated, or until modified, vacated or terminated by the
Department. In the order of cessation issued by the Department
under this section, the Department shall determine the steps
necessary to abate the violation in the most expeditious manner
possible, and shall include the necessary measures to abate in the
order.
Status: in_force · Read it on the official government site
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