(1) Notice of Violation: Any mining/quarrying operation which is found to be in violation of the conditions, regulations or provisions of the permit shall be subject to the issuance of a notice of violation.The notice of violation shall state the specific violations of the permit, the remedial actions required, and the schedule for compliance. The notice of violation may be appealed to the board as set forth in the zoning ordinance.
In order to abate a notice of violation, the specific remedial actions listed in the notice of violation must be complied with and fines paid if levied. If the remedial actions are not taken within the time specified in the notice of violation, the operator may be subject to a closure order, which may be appealed to the board as set forth in the zoning ordinance.
(2) Closure Order: Any mining/quarrying operation which fails to abate the notice of violation within the specified time shall be subject to the issuance of a closure order. A copy of the closure order shall be delivered to the operator at the mine/quarry facilities or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The closure order shall state the specific violations of the permit, the remedial actions required, and the schedule for compliance. All workmen, except for personnel required for safety functions, shall be withdrawn from the mine/quarry, and the mine/quarry shall be deemed closed.
In order to reopen an operation which is subject to a closure order, the specific remedial actions listed in the closure order must be complied with and fines paid if levied. If the remedial actions are not taken within the time specified in the closure order, the permit shall be revoked and the bond forfeited in accordance with section 8-5(2). In addition, the person(s) shall be subject to any other penalties provided by this section. The operator may appeal the closure order to the board as set forth in the zoning ordinance.
(3) Fines: Any person(s) failing to comply with any of the provisions, regulations or conditions of this ordinance shall be guilty of a class B misdemeanor and upon conviction fined not less than five hundred dollars ($500.00) per day. Each day the violation occurs shall constitute a separate offense.
(Ord. No. 252-91, § 1, 12-12-91)
TABLE I
(See § 8-6(9))
