A Notice of Violation is issued when an inspector determines that a condition or practice in violation of the Act, Rules, or the approved permit exists. A Cessation Order is issued if the violation creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant environmental harm to land, air, or water resources. The Division reviews each Notice of Violation and Cessation Order in accordance with regulatory criteria to determine whether a civil penalty will be assessed. Penalized operators can request an assessment conference in which all relevant information concerning the violation and penalty is reviewed by a conference officer. If the issues are not resolved, the operator can request a hearing before the MLRB. Where a pattern of violations exists, the MLRB has the authority to revoke a permit and forfeit the reclamation bond. The Coal Program has revoked the permit at 14 sites since the program started in 1980.
Enforcement documents can be viewed in the Division’s Imaged Data. Click here to access the data.