Sec. 146. Enforcement
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If the Secretary, or for National Forest System lands the Secretary of Agriculture, or an authorized representative of such Secretary, determines that any person is in violation of any environmental protection requirement under subtitle C or any regulation issued by the Secretaries to implement this title, such Secretary or authorized representative shall issue to such person a notice of violation describing the violation and the corrective measures to be taken. The Secretary concerned, or the authorized representative of such Secretary, shall provide such person with a period of time not to exceed 30 days to abate the violation.
Such period of time may be extended by the Secretary concerned upon a showing of good cause by such person. If, upon the expiration of time provided for such abatement, the Secretary concerned, or the authorized representative of such Secretary, finds that the violation has not been abated he or she shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation. If the Secretary concerned, or the authorized representative of the Secretary concerned, determines that any condition or practice exists, or that any person is in violation of any requirement under a permit approved under this title, and such condition, practice or violation is causing, or can reasonably be expected to cause— an imminent danger to the health or safety of the public; or significant, imminent environmental harm to land, air, water, or fish or wildlife resources, such Secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition, practice, or violation.
A cessation order pursuant to paragraphs
(1)or
(2)shall remain in effect until such Secretary, or authorized representative, determines that the condition, practice, or violation has been abated, or until modified, vacated or terminated by the Secretary or authorized representative. In any such order, the Secretary or authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. The Secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met. Any notice or order issued pursuant to paragraphs
(1)or
(2)may be modified, vacated, or terminated by the Secretary concerned or an authorized representative of such Secretary. Any person to whom any such notice or order is issued shall be entitled to a hearing on the record. If, after 30 days of the date of the order referred to in paragraph (3)(A) the required abatement has not occurred, the Secretary concerned shall take such alternative enforcement action against the claim holder or operator (or any person who controls the claim holder or operator) as will most likely bring about abatement in the most expeditious manner possible. Such alternative enforcement action may include, but is not necessarily limited to, seeking appropriate injunctive relief to bring about abatement. Nothing in this paragraph shall preclude the Secretary, or for National Forest System lands the Secretary of Agriculture, from taking alternative enforcement action prior to the expiration of 30 days. If a claim holder or operator (or any person who controls the claim holder or operator) fails to abate a violation or defaults on the terms of the permit, the Secretary, or for National Forest System lands the Secretary of Agriculture, shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this title. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved plan in lieu of forfeiture. The Secretary, or for National Forest System lands the Secretary of Agriculture, shall not cause forfeiture of the financial assurance while administrative or judicial review is pending. In the event of forfeiture, the claim holder, operator, or any affiliate thereof, as appropriate as determined by the Secretary by rule, shall be jointly and severally liable for any remaining reclamation obligations under this title. The Secretary, or for National Forest System lands the Secretary of Agriculture, may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction or restraining order, or any other appropriate enforcement order, including the imposition of civil penalties, in the district court of the United States for the district in which the mineral activities are located whenever a person— violates, fails, or refuses to comply with any order issued by the Secretary concerned under subsection (a); or interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 143. Such court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph
(1)shall continue in effect until the completion or final termination of all proceedings for review of such order unless the district court granting such relief sets it aside. Notwithstanding any other provision of law, the Secretary may utilize personnel of the Office of Surface Mining Reclamation and Enforcement to ensure compliance with the requirements of this title. Any person who fails to comply with any requirement of a permit approved under this title or any regulation issued by the Secretaries to implement this title shall be liable for a penalty of not more than $25,000 per violation. Each day of violation may be deemed a separate violation for purposes of penalty assessments. A person who fails to correct a violation for which a cessation order has been issued under subsection
(a)within the period permitted for its correction shall be assessed a civil penalty of not less than $1,000 per violation for each day during which such failure continues. Whenever a corporation is in violation of a requirement of a permit approved under this title or any regulation issued by the Secretaries to implement this title or fails or refuses to comply with an order issued under subsection (a), any director, officer, or agent of such corporation who knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same penalties as may be imposed upon the person referred to in paragraph (1). The Secretary, or for National Forest System lands the Secretary of Agriculture, shall suspend or revoke a permit issued under subtitle C, in whole or in part, if the operator— knowingly made or knowingly makes any false, inaccurate, or misleading material statement in any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this title; fails to abate a violation covered by a cessation order issued under subsection (a); fails to comply with an order of the Secretary concerned; refuses to permit an audit pursuant to this title; fails to maintain an adequate financial assurance under section 136; fails to pay claim maintenance fees or other moneys due and owing under this title; or with regard to plans conditionally approved under section 135(c)(2), fails to abate a violation to the satisfaction of the Secretary concerned, or if the validity of the violation is upheld on the appeal which formed the basis for the conditional approval. Any person who knowingly— makes any false material statement, representation, or certification in, or omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this title; or falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this title, shall upon conviction, be punished by a fine of not more than $10,000. If a conviction of a person is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000 per day of violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. Any person who knowingly— engages in mineral activities without a permit required under subtitle C; or violates any other requirement of a permit issued under this title, or any condition or limitation thereof, shall upon conviction be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation. If a conviction of a person is for a violation committed after the first conviction of such person under this subsection, punishment shall be a fine of not less than $10,000 per day of violation. Any person who knowingly and willfully commits an act for which a civil penalty is provided in paragraph
(1)of subsection
(g)shall, upon conviction, be punished by a fine of not more than $50,000. For purposes of this section, the term person includes any officer, agent, or employee of a person. The Secretary may adjust the penalties described in this section as necessary.