Sec. 134.162. VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM. (a) The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required by this chapter and shall set a reasonable time not to exceed 90 days for abating the violation if, after an inspection, the commission or its authorized representative determines that: (1) the permit holder is violating this chapter or a permit condition required by this chapter; and (2) the violation: (A) does not create an imminent danger to the health or safety of the public; and (B) is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources. (b) The commission or its authorized representative shall order a cessation of surface mining operations or the part of the operations relevant to the violation if: (1) the time for abatement, as originally set or subsequently extended, expires; (2) the commission or its authorized representative shows good cause; and (3) the commission or its authorized representative finds in writing that the violation has not been abated.
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