OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: Terri H. Petruska and and Mary Kay Roark Page 1 of 2

COALEX STATE INQUIRY REPORT - 40

April 3, 1985

Floyd Durham, Chief 

Surface Mining & Reclamation Division 

Department of Pollution Control & Ecology

P.O. Box 9583 

Little Rock, Arkansas 72219

TOPIC: CESSATION ORDERS, 30 CFR SEC. 843.11(e)

INQUIRY: What is the regulatory and legislative history of the provisions for vacating, 

terminating, and modifying cessation orders under 30 CFR Sec. 843.11(e)?

SEARCH RESULTS:

30 CFR Sec. 843.11(e) provides that:

"An authorized representative of the Secretary may modify, terminate or vacate a cessation 

order for good cause, and may extend the time for abatement if the failure to abate within 

the time previously set was not caused by lack of diligence on the part of the permittee."

Legislative History

The provisions for issuing, vacating, modifying, and terminating cessation orders are found in 

Sec. 521(a) of the SMCRA, 30 USC 1271(a). The legislative history does not include substantial 

discussion on the intent of the provisions relating to when a cessation order can be modified, 

terminated, etc.

However, during the 93rd Congress Committee discussions on H.R. 11500, one of the major 

predecessors to P.L. 95-87, Congressman Symms from Idaho did offer an amendment to the 

language then under consideration. Symms' amendment provided for the addition of provisions 

for (1) the issuance of imminent danger cessation orders, and (2) the revision of the bill's 

language to delete the word "abated" and substitute the language "abated or until modified, 

vacated, or terminated by the Secretary or his authorized representative pursuant to 

subparagraph (a)(5) of this section." (120 Cong. Rec. 24078 (JULY 18, 1974))

All bills considered during the 94th and 95th Congresses included, without debate, language 

identical with that finally passed in P.L. 95-87.

OSM Regulations

Sec. 843.11(e) was added to the federal regulations at the time of the initial issuance of the 

permanent program regulations on March 13, 1979, and has been retained unchanged since.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Research conducted by: Terri H. Petruska and and Mary Kay Roark Page 2 of 2

In discussing comments on the 1979 regulations, OSM provided the following explanation of the 

provisions relating to cessation orders:

"The Act provides in Section 521(a)(2) and (3) that the inspector shall immediately order a 

cessation of surface coal mining and reclamation operations or the portion thereof relevant 

to the violation. . . There are cases where cessation of the entire operation may be 

necessary or where it may result in more expeditious abatement of the condition, practice or 

violation involved. If such is the case, cessation of the entire operation may be entirely 

justified. Nevertheless, inspectors should not close down more of an operation than in their 

judgment is necessary under the circumstances.

. . .

"Sections 521 (a) (2) and (3) of the Act provide that a cessation order issued under those 

subsections 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.

"It is the policy of the Office that a regulatory authority should terminate cessation orders or 

modify them to permit resumption of operations as soon as reasonably possible to avoid 

unnecessary economic harm to an operator. While Section 521 (a) (2) and (3) of the Act 

provides that a cessation order may be kept in force until the condition, practice or violation 

is abated, Section 843.11(e) of the regulations allows modification of a cessation order to 

permit resumption of operations when the imminent harm has been abated, even though the 

violation may take longer to correct." (44 FR 15301 (MARCH 13, 1979))

ATTACHMENTS:

A. 120 Cong. Rec. 24078 (JULY 18, 1974).

B. 44 FR 15300-15302 (MARCH 13, 1979).