Illinois Administrative Code › Title 62 - MINING › Part 240 - THE ILLINOIS OIL AND GAS ACT › Subpart A - GENERAL PROVISIONS › Section 240.185 - Cessation of Operations Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
If, at the expiration of the period of time originally fixed in a
				Director's decision
issued pursuant to Section
				240.180
or in any subsequent extension of time granted by the Department, the
				Department finds that the violation has not been abated, it may immediately
				order the cessation of operations or the portions thereof relevant to the
				violation.
(Section 8a of the Act)
b)
If the Department determines that
				any condition or practice exists, or that any person or permittee is in
				violation of any requirement of the Act or
this Part
or any
				permit condition, which condition, practice or violation creates an imminent
				danger to the health or safety of the public, or an imminent danger of
				significant environmental harm or significant damage to property, any
				authorized employee or agent of the Department may order the immediate
				cessation of operations.
(Section 19.1 of the Act)
c) Upon observation of any conditions listed
				in subsection (b), and prior to issuing a cessation of operations order, the
				authorized employee or agent of the Department shall make reasonable efforts to
				locate the responsible party, notify that party of the conditions, and allow
				them an opportunity to immediately abate the conditions. Reasonable efforts
				include contacting a permittee at the address required to be submitted in
				compliance with Section
				240.1710.
If a responsible party cannot be readily located in the judgment of the
				employee or agent issuing the order, the employee or agent may take any action
				he or she deems necessary to cause a cessation of operations and abatement of
				any condition.
(Section 19.1 of the Act). If the responsible party is
				located and does not take immediate action to abate the conditions, the
				employee or agent may take any action he or she deems necessary to cause a
				cessation of operations and abatement of any condition.
d) The Department may issue orders requiring
				the cessation of operations, with or without issuing a notice of violation in
				accordance with Section
				240.150.
e) If a responsible party cannot be located,
				or if the responsible party is located and does not take immediate action to
				abate the conditions, a
cessation order shall be served by personal
				delivery to the person or permittee named in the order or by mailing it
				certified mail, return receipt requested, to the last known address of the
				person or permittee as soon as is practicably possible but in no event later
				than 5 days after its issuance.
(Section 19.1 of the Act)
f) The cessation order shall contain a date
				for a hearing that shall be held within 30 days after the issuance of the
				cessation order. The hearing shall be conducted in accordance with the
				requirements of Section
				240.180(b).
g) The cessation order shall also provide
				that the person or permittee named in the order has the right to request a
				temporary relief hearing, within 14 days from the date of issuance of the
				cessation order, in accordance with Section
				240.190.
				The cessation order shall be considered served when personally delivered to the
				person or permittee named in the order or when the cessation order is mailed by
				certified mail, return receipt requested, to the person or permittee at his or
				her last known address.
h) A
				cessation order issued under this Section shall continue in effect until
				modified, vacated, or terminated by the Department. The filing of a request for
				temporary relief under Section
				240.190
				shall not operate as a stay of the cessation order. The cessation order may be
				stayed by the grant of temporary relief in accordance with Section
				240.190.