(A) The County Surveyor or Prosecuting Attorney shall give written notice to the operator of any violation of this chapter or noncompliance with the permit granted by the Commissioners. If corrective measures that are approved by the County Surveyor or Prosecuting Attorney are not commenced within 30 days, the County Surveyor or Prosecuting Attorney shall file a request for bond or irrevocable letter of credit forfeiture and permit suspension with the Commissioners.
(B) A violation of this chapter or of the terms of the permit, in addition to other penalties in this chapter, is punishable, after notice of the alleged violation to the operator and the surety and an opportunity for a hearing by the Commissioners, by modification or suspension of the permit, or modification or forfeiture of the surety bond or irrevocable letter of credit by the Commissioners.
(C) If the Commissioners receive information of an emergency posing a serious immediate threat of significant harm to life, public health or safety, property or the environment may immediately suspend the operator’s permit at a public meeting; however, the Commissioners must hold a prompt subsequent public meeting to allow the operator to present statements, documents and other information to the Commissioners concerning the emergency suspension.
(D) (1) If the Commissioners suspend the permit of an operator under this chapter the operator must stop surface mining operations until the suspension is removed.
(2) The operator may begin surface mining operations after the following conditions have been met:
(a) The operator has paid any penalties required under this chapter or the permit;
(b) The operator has corrected the actions or conditions that were in violation of this chapter or the terms of the permit;
(c) The operator is in compliance with this chapter and the terms of the permit;
(d) The operator has requested a hearing by the Commissioners to determine if the operator has met the conditions of divisions (D)(2)(a), (D)(2)(b) and (D)(2)(c) above; and
(e) The Commissioners determine at the hearing that the operator has met the conditions of divisions (D)(2)(a), (D)(2)(b) and (D)(2)(c) above. The Commissioners may not continue the suspension of the permit unless the Commissioners state the conditions that have not been met under divisions (D)(2)(a), (D)(2)(b) and (D)(2)(c) above.
(BC Ord. 1995-14, passed 10-23-1995)