• 

of '· 

" 

S· DEPARTMENT OF THE 

This directive provides guidance on the vacation of Notice& 

(NOV) and Ceaaation Orders (CO). 

2. Ddinitiona. 

a. Vacation means to cancel, annul, and make legally void any NOV or 

CO iasuad by the Office of Surface Mining Reclamation and Enforcement 

(OSMRE) pursuant to section 521 of the Su-rface Mining Control and 

Reclamation Act of 1977 (SMCRA). 

52l(a)(5) of SMCRA authorize. the 

or termination of any NOV or CO iasued under 

section 521. Thia vacation authority enablu OSKRE to remedy erroneous 

or i11proper enforcement actions without impoains on the operator the 

expense and delay of a foraal adminietrative review. Such enforcement 

actions will usually be NOV's isaued for violations later found not to 

have existed or f•ilure-to-abate CO's for which the underlying NOV's were 

not properly eerved. 

b. Potier. 

of 

Repreaentativee," INE-18, June 6, 1986. 

(2) Reatridiona on 'Vaeatin& NOV's and CO'a, 

(a) Authorized Repreaentativea under INE-18 are granted separate 

enforee...,nt ruponaibilities ur>der Title IV and Title V of SHeilA. An 

Authorized Representative may vaeate only those types (Title IV or 

Title V) of enforeement action. which be or abe ia authorized to iuue, 

However, the Authorized Repreeentative vacating the NOV or CO ia not 

required to be the aeme Authorized Repreeentetive who issued the 

enforcement action. 
' '' 

(b) An au.tboriaed Repruentative may not i.su.e a vacation action 

for a NOV or CO on appeal with the Office of Rearing• and Appeal• (ORA) 

until ORA fot111ally renders a decision to vacate the NOV or CO in 

question. 

c. Responsibilhiee. 

are refponaible for (1) ensuring that 

vacation• circ\llllatances; (2) determining before any NOV or CO the enforce•ent action is not 

under appeal; and rec~ndina to the appropriate Assistant Director 

for Field Operations the vacation of any NOV or CO u.nder appeal to ORA 

that should be vacated through formal motion fr0111 the Division of Surface 

Mining (DSM). 

' (2) Aasiatant Directon for Field Operatione are ruponaible for 

(1) approving or diaapproving recommendetione from Field Office Directora 

to seek vacation of NOV's or CO'a under appeal to the OI!A; and 

(2) requesting that DSM file an appropriate motion where that Assistant 

Director for Field Operations concurs with the Field Office Director's 

recommendation to vacate. 

d. Procedu.rel. 

(1) Field Office Director. 

(a) Each Field Office Director will contact DSK before vacating 

any NOV or CO to determine whether an appeal is on file at ORA. 

(b) Where the NOV or CO intended to be vacated ia on appeal, the 

Field Office Director will recommend to the appropriate Aaaiatant 

Director for Field Operations that the action be vacated through formal 

motion to OHA. 

(2) Anhtant Director& - tield Operations. 

(a) The appropriate Auiatant Director for Field Operation• will 

approve or diaapprove the Field Office Director's recommendation to 

vacate. If approved, the Aaaiatant Director for Field Operations will 

requut that DSM file the required 110tion. If the Aniatant Director 

doaa not approve the recommendation, he or she will notify the Field 

Office Director. 

(b) The Aaliltant Direetor will keep the Field Offiee Director 

informed of DSK efforta to puraue and have granted the motion to allow 

OSMRE to vacate the NOV or the CO in question. 
I I,

 

4, R~portina Req\tirements, None. 

5. lleferenees. 

(a) The Surface Mining Control and Reclamation Act of 1977, 

section 521. 

(b) Directive, Authorized Repreaentativ~ INE-18, June 6, 1986. 

(c) Directive, Delegation of Authority, OPM-5, October 1, 1986. 

6. Effaets on Other Documents. None, 

7. Effective Date. Upon issuance. 

8. Contact, Diviaion of Regulation and Inspection, 202-343-4295. 

9. Rescission and Cancellation, Thie directive rescinds and supersedes 

any prevlous gu1dance on the same il•ue,