Sec. 507. Enforcement
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If the Secretary concerned determines that any person is in violation of any environmental protection requirement or any regulation issued by the Secretary concerned to implement this Act, such the Secretary concerned shall issue to such person a notice of violation describing the violation and the corrective measures to be taken. A person issued a notice of violation under subparagraph
(A)shall abate such violation within a time period determined by the Secretary concerned which shall not exceed 30 days. The Secretary concerned may, upon a showing of good cause by the person issued a notice of violation under subparagraph (A), extend the period of time under subparagraph (B). If, upon the expiration of the time period under subparagraph (B), including any extension under subparagraph (C), the Secretary concerned finds that the person issued a notice of violation under subparagraph
(A)has not abated such violation, the Secretary concerned shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation. If the Secretary concerned determines that any condition or practice exists, or that any person is in violation of any requirement under a permit issued under this Act, and such condition, practice, or violation is causing, or can reasonably be expected to cause either of the following, the Secretary concerned shall immediately order a cessation of all mineral activities or the portion thereof relevant to the condition, practice, or violation: An imminent danger to the health or safety of the public. Significant, imminent environmental harm to land, air, water, or fish or wildlife resources. A cessation order issued pursuant to paragraph
(1)or
(2)shall remain in effect until the Secretary concerned determines that the condition, practice, or violation has been abated or until such order is modified, vacated, or terminated by the Secretary concerned. In any such order, the Secretary concerned shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in such order. The Secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met when issuing a cessation order under this section. Any notice or order issued pursuant to paragraph
(1)or
(2)may be modified, vacated, or terminated by the Secretary concerned. Any person to whom any such notice or order is issued shall be entitled to a hearing on the record. If, 30 days after the notice of violation referred to in paragraph (1)(A) is issued, the required abatement has not occurred, the Secretary concerned shall take such alternative enforcement action against the claim holder, license holder, lease holder, or operator (or any person who controls the claim holder, license holder, lease holder, or operator) as will most likely bring about such required abatement in the most expeditious manner possible, which may include seeking appropriate injunctive relief to bring about abatement. Nothing in this paragraph shall preclude the Secretary concerned from taking alternative enforcement action before the expiration of the 30-day period described in subparagraph (A). If a claim holder, license holder, lease holder, or operator (or any person who controls the claim holder, license holder, lease holder, or operator) fails to abate a violation or defaults on the terms of a permit issued under this Act, the Secretary concerned shall forfeit the financial assurance required under section 306 as necessary to ensure abatement and reclamation under this Act. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with section 307 in lieu of forfeiture under subparagraph (A). The Secretary concerned shall not cause forfeiture of financial assurance while administrative or judicial review is pending. In the event of forfeiture, the claim holder, license holder, lease holder, operator, or any affiliate thereof, as determined appropriate by the Secretary by regulation, shall be jointly and severally liable for any remaining reclamation obligations under this Act. The Secretary concerned may request that the Attorney General institute a civil action for relief, including a permanent or temporary injunction or restraining order and any other appropriate enforcement order, including the imposition of civil penalties, in the United States district court 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 503. Such court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by such 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 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 Act. A person who fails to comply with any requirement of a permit issued under this Act or any regulation issued to implement this Act 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 a penalty assessment under this paragraph. A person who fails to correct a violation for which a cessation order has been issued under subsection
(a)within the period permitted for correction of such violation 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 issued under this Act or any regulation issued to implement this Act 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 a person described in paragraph (1). The Secretary concerned shall suspend or revoke a permit issued under title II, 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 Act; 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 Act; fails to maintain an adequate financial assurance under section 306; fails to pay claim maintenance fees, rentals, or other moneys due and owing under this Act; or with regard to plans conditionally approved under section 305(c)(2)— fails to abate a violation to the satisfaction of the Secretary concerned; or the validity of the violation is upheld on the appeal which formed the basis for the conditional approval. A person who knowingly carries out any of the following actions shall, upon an initial conviction, be fined not more than $10,000, imprisoned for not more than 2 years, or both, and, upon a subsequent conviction, be fined not more than $20,000, imprisoned for not more than 4 years, or both: Make a false material statement, representation, or certification in, or omit or conceal material information from, or unlawfully alter, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this Act. Falsify, tamper with, render inaccurate, or fail to install any monitoring device or method required to be maintained under this Act. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessment under paragraph (1). A person that knowingly carries out any of the following actions shall, upon an initial conviction, be fined not less than $5,000 and not more than $50,000, imprisoned for not more than 3 years, or both, and, upon a subsequent conviction, be fined not less than $10,000, imprisoned for not more than 6 years, or both: Engage in mineral activities without a permit required under title II. Violate any other requirement of a permit issued under this Act, or any condition or limitation thereof. Each day of continuing violation shall be deemed a separate violation for purposes of penalty assessment under paragraph (1). A person that knowingly and willfully commits an act for which a civil penalty is provided in subsection (g)(1)(A) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both. In this section, the term person includes any officer, agent, or employee of a person.