Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0006 - Land Quality - Coal › Chapter 16 - INSPECTIONS, ENFORCEMENT AND PENALTIES FOR SURFACE COAL MINING OPERATIONS › Section 16-2 - Enforcement

Current through July 13, 2024
(a) All violations or minor violations that
				are observed must be identified in the inspection report, including comments on
				the abatement of all previously noted minor violations or violations. The
				enforcement options available to the Department range from the least severe,
				notation in an inspection report, to the most severe, criminal
				sanctions.
(b) Formal notices of
				violation for abatement shall direct the correction of a cited violation.
				Formal notices of violation will be routinely issued where site conditions
				constitute an existing or potential danger to the health and safety of the
				public, or cause or can be expected to cause environmental degradation. Formal
				notices of violation will be issued where minor violations previously
				identified in an inspection report are not satisfactorily resolved within the
				time frame specified in the inspection report as long as the failure to resolve
				the minor violation is not due to lack of diligence. If the reason is lack of
				diligence, a failure to abate cessation order will be issued. The total
				abatement time where a minor violation has been modified to a formal notice of
				violation shall not exceed 90 days unless allowed by Section
				2(j) of this
				Chapter.
(c) Violations noted only
				in inspection reports shall be limited only to minor violations as noted in
				(f)(i) through (f)(ix). A formal notice of violation will be issued to all
				other violations. The required abatement measures and a reasonable abatement
				time not to exceed 35 days shall be included in the inspection report. Minor
				violations will not be tracked for withholding permit approvals, and other
				permit actions. A handwritten description of the minor violation will be given
				to the operator on site and will contain the information listed under item (g)
				of this Section. The operator has the right to appeal any minor violation as
				outlined in W.S. §
									
										35-11-901.
(d) Civil penalties will not be issued to
				minor violations. They will, however, be reviewed to determine if a civil
				penalty would be appropriate. If it is found a civil penalty is appropriate,
				the minor violation will be upgraded to a formal notice of violation and a
				formal assessment issued.
(e)
				Failure to abate a minor violation will result in the issuance of a formal
				notice of violation and assessment of a civil penalty. Operators who
				consistently receive minor violations for similar infractions (more than two in
				a 12 month period) will be issued a formal notice of violation for subsequent
				similar violations for the remainder of the period. Once an operator receives
				two similar minor violations within a 12 month period, any subsequent similar
				violations will be counted toward a pattern of violations.
(f) Examples of minor violations which will
				be identified in the inspection report but may or may not be subject to a
				formal notice of violation are the following:
(i) Failure to provide or maintain signs or
				perimeter markers;
(ii) Reclamation
				deficiencies such as inadequate topsoil replacement depth, incorrect seeding
				practices, or improper sampling technique where there is no immediate potential
				for adverse environmental impact;
(iii) Failure to perform necessary routine
				maintenance of surface water diversions or erosion control facilities where
				there is no immediate potential for adverse environmental impact;
(iv) Failure to perform necessary routine
				maintenance on treatment facilities provided that the matter is referred to the
				Water Quality Division (WQD) and the WQD finds that effluent limits are being
				met and there is no immediate potential for adverse water quality
				impacts;
(v) Required record
				keeping is unsatisfactory, except where there is a deliberate falsification of
				records or results;
(vi) Minor
				construction deficiencies where there is no threat of structural failure or
				serious harm;
(vii) Noted necessary
				corrections to maps, plans or other permit materials;
(viii) Failure to comply with other laws
				applicable to the mine through permit conditions, where the agency with primary
				jurisdiction has instituted action to obtain compliance pursuant to its laws
				and regulations; and
(ix) Rills on
				reclaimed lands or partially blocked culverts which are the result of a recent
				storm or runoff event.