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30 U.S.C. § 1268 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
**(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a
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Source file: Laws/federal/codes/united-states-code/title-30/section-1268-penalties--61c2e3ae27.md
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Source location: Title 30, Chapter 25, § 1268; chapter-025-surface-mining-control-and-reclamation.md
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**(a) Civil penalties for violations of permit conditions and provisions of this subchapter** In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), any permittee who violates any permit condition or who violates any other provision of this subchapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), the civil penalty shall be assessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous violations at the particular surface coal mining operation; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notification of the violation.
**(b) Hearing** A civil penalty shall be assessed by the Secretary only after the person charged with a violation described under subsection (a) of this section has been given an opportunity for a public hearing. Where such a public hearing has been held, the Secretary shall make findings of fact, and he shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. When appropriate, the Secretary shall consolidate such hearings with other proceedings under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim). Any hearing under this section shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Where the person charged with such a violation fails to avail himself of the opportunity for a public hearing, a civil penalty shall be assessed by the Secretary after the Secretary has determined that a violation did occur, and the amount of the penalty which is warranted, and has issued an order requiring that the penalty be paid.
**(c) Notice of violation; action required of violator; waiver of legal rights** Upon the issuance of a notice or order charging that a violation of this chapter has occurred, the Secretary shall inform the operator within thirty days of the proposed amount of said penalty. The person charged with the penalty shall then have thirty days to pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the Secretary for placement in an escrow account. If through administrative or judicial review of the proposed penalty, it is determined that no violation occurred, or that the amount of the penalty should be reduced, the Secretary shall within thirty days remit the appropriate amount to the person, with interest at the rate of 6 percent, or at the prevailing Department of the Treasury rate, whichever is greater. Failure to forward the money to the Secretary within thirty days shall result in a waiver of all legal rights to contest the violation or the amount of the penalty.
**(d) Civil action to recover civil penalties** Civil penalties owed under this chapter, may be recovered in a civil action brought by the Attorney General at the request of the Secretary in any appropriate district court of the United States.
**(e) Willful violations** Any person who willfully and knowingly violates a condition of a permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or during Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim) or fails or refuses to comply with any order issued under section 1271 or [section 1276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1276&num=0&edition=prelim), or any order incorporated in a final decision issued by the Secretary under this chapter, except an order incorporated in a decision issued under subsection (b) of this section or [section 1294 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1294&num=0&edition=prelim), shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.
**(f) Corporate violations** Whenever a corporate permittee violates a condition of a permit issued pursuant to a Federal program, a Federal lands program or Federal enforcement pursuant to [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1252&num=0&edition=prelim) or Federal enforcement of a State program pursuant to [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim) or fails or refuses to comply with any order issued under [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), or any order incorporated in a final decision issued by the Secretary under this chapter except an order incorporated in a decision issued under subsection (b) of this section or [section 1293 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1293&num=0&edition=prelim), any director, officer, or agent of such corporation who willfully and knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under subsections (a) and (e) of this section.
**(g) False statements, representations, or certifications** Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plant, or other document filed or required to be maintained pursuant to a Federal program or a Federal lands program or any order of decision issued by the Secretary under this chapter, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year or both.
**(h) Failure to correct violation** Any operator who fails to correct a violation for which a citation has been issued under [section 1271(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271/a&num=0&edition=prelim) within the period permitted for its correction (which period shall not end until the entry of a final order by the Secretary, in the case of any review proceedings under [section 1275 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1275&num=0&edition=prelim) initiated by the operator wherein the Secretary orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of an order of the court, in the case of any review proceedings under [section 1276 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1276&num=0&edition=prelim) initiated by the operator wherein the court orders the suspension of the abatement requirements of the citation), shall be assessed a civil penalty of not less than $750 for each day during which such failure or violation continues.
**(i) Effect on additional enforcement right or procedure available under State law** As a condition of approval of any State program submitted pursuant to [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1253&num=0&edition=prelim), the civil and criminal penalty provisions thereof shall, at a minimum, incorporate penalties no less stringent than those set forth in this section, and shall contain the same or similar procedural requirements relating thereto. Nothing herein shall be construed so as to eliminate any additional enforcement right or procedures which are available under State law to a State regulatory authority but which are not specifically enumerated herein.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retaliatory practices prohibited** No person shall discharge, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter.
**(b) Review by Secretary; investigation; notice; hearing; findings of fact; judicial review** Any employee or a representative of employees who believes that he has been fired or otherwise discriminated against by any person in violation of subsection (a) of this section may, within thirty days after such alleged violation occurs, apply to the Secretary for a review of such firing or alleged discrimination. A copy of the application shall be sent to the person or operator who will be the respondent. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). Upon receiving the report of such investigation the Secretary shall make findings of fact. If he finds that a violation did occur, he shall issue a decision incorporati
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1293
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim);
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court; or
(6) the certification of worker representatives.
**(b)** Persons entitled to notice of an agency hearing shall be timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
**(c)** The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
(2) to the extent that the parties are unable so to determine a controversy by consent, heari
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 554
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review by United States District Court; venue; filing of petition; time**
(1) Any action of the Secretary to approve or disapprove a State program or to prepare or promulgate a Federal program pursuant to this chapter shall be subject to judicial review by the United States District Court for the District which includes the capital of the State whose program is at issue. Any action by the Secretary promulgating national rules or regulations including standards pursuant to sections 1251, 1265, 1266, and 1273 of this title shall be subject to judicial review in the United States District Court for the District of Columbia Circuit. Any other action constituting rulemaking by the Secretary shall be subject to judicial review only by the United States District Court for the District in which the surface coal mining operation is located. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed in the appropriate Court within sixty days from the date of such action, or after such date if the petition is based solely on grounds arising after the sixtieth day. Any such petition may be made by any person who participated in the administrative proceedings and who is aggrieved by the action of the Secretary.
(2) Any order or decision issued by the Secretary in a civil penalty proceeding or any other proceeding required to be conducted pursuant to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim) shall be subject to judicial review on or before 30 days from the date of such ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1276
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for review of order or notice; investigation; hearing; notice**
(1) A permittee issued a notice or order by the Secretary pursuant to the provisions of paragraphs (2) and (3) of subsection (a) of [section 1271 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1271&num=0&edition=prelim), or pursuant to a Federal program or the Federal lands program or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the Secretary for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the Secretary shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review under this subsection shall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be of record and shall be subject to [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim).
**(b) Findings of fact; issuance of decision** Upon receiving the report of such investigation, the Secretary shall make findings o
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1275
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State regulation** No person shall open or develop any new or previously mined or abandoned site for surface coal mining operations on lands on which such operations are regulated by a State unless such person has obtained a permit from the State’s regulatory authority.
**(b) Interim standards** All surface coal mining operations on lands on which such operations are regulated by a State which commence operations pursuant to a permit issued on or after six months from August 3, 1977, shall comply, and such permits shall contain terms requiring compliance with, the provisions set out in subsection (c) of this section. Prior to final disapproval of a State program or prior to promulgation of a Federal program or a Federal lands program pursuant to this chapter, a State may issue such permits.
**(c) Full compliance with environmental protection performance standards** On and after nine months from August 3, 1977, all surface coal mining operations on lands on which such operations are regulated by a State shall comply with the provisions of subsections (b)(2), (b)(3), (b)(5), (b)(10), (b)(13), (b)(15), (b)(19), and (d) of [section 1265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim) or, where a surface coal mining operation will remove an entire coal seam or seams running through the upper fraction of a mountain, ridge, or hill by removing all of the overburden and creating a level plateau or a gently rolling contour with no highwalls remaining, such operation shall comply with the requirements of section 1265(c)(4) and (5) of this title without regard to the requirements of section 1265(b)(3) or (d)(2) and (3) of this title, with respect to lands from which overburden and the coal seam being min
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1252
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Federal law — U.S. Code and appendices · legal_authorities
Any person who shall, except as permitted by law, willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties pursuant to this chapter shall be punished by a fine of not more than $5,000 or by imprisonment for not more than one year, or both.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1294
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice of violation; Federal inspection; waiver of notification period; cessation order; affirmative obligation on operator; suspension or revocation of permits; contents of notices and orders**
(1) Whenever, on the basis of any information available to him, including receipt of information from any person, the Secretary has reason to believe that any person is in violation of any requirement of this chapter or any permit condition required by this chapter, the Secretary shall notify the State regulatory authority, if one exists, in the State in which such violation exists. If no such State authority exists or the State regulatory authority fails within ten days after notification to take appropriate action to cause said violation to be corrected or to show good cause for such failure and transmit notification of its action to the Secretary, the Secretary shall immediately order Federal inspection of the surface coal mining operation at which the alleged violation is occurring unless the information available to the Secretary is a result of a previous Federal inspection of such surface coal mining operation. The ten-day notification period shall be waived when the person informing the Secretary provides adequate proof that an imminent danger of significant environmental harm exists and that the State has failed to take appropriate action. When the Federal inspection results from information provided to the Secretary by any person, the Secretary shall notify such person when the Federal inspection is proposed to be carried out and such person shall be allowed to accompany the inspector during the inspection.
(2) When, on the basis of any Federal inspection, the Secretary or his authorized representative determines that any condition or practices exist, or that an
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1271
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulation of surface coal mining and reclamation operations; submittal to Secretary; time limit; demonstration of effectiveness** Each State in which there are or may be conducted surface coal mining operations on non-Federal lands, and which wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations, except as provided in sections 1271 and 1273 of this title and subchapter IV of this chapter, shall submit to the Secretary, by the end of the eighteenth-month 11 So in original. period beginning on August 3, 1977, a State program which demonstrates that such State has the capability of carrying out the provisions of this chapter and meeting its purposes through—
(1) a State law which provides for the regulation of surface coal mining and reclamation operations in accordance with the requirements of this chapter;
(2) a State law which provides sanctions for violations of State laws, regulations, or conditions of permits concerning surface coal mining and reclamation operations, which sanctions shall meet the minimum requirements of this chapter, including civil and criminal actions, forfeiture of bonds, suspensions, revocations, and withholding of permits, and the issuance of cease-and-desist orders by the State regulatory authority or its inspectors;
(3) a State regulatory authority with sufficient administrative and technical personnel, and sufficient funding to enable the State to regulate surface coal mining and reclamation operations in accordance with the requirements of this chapter;
(4) a State law which provides for the effective implementations,1 maintenance, and enforcement of a permit system, meeting the requirements of this subchapter for the regulations 1 of surface coal mining and reclamation oper
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1253
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment; rate** All operators of coal mining operations subject to the provisions of this chapter shall pay to the Secretary of the Interior, for deposit in the fund, a reclamation fee of 22.4 cents per ton of coal produced by surface coal mining and 9.6 cents per ton of coal produced by underground mining or 10 per centum of the value of the coal at the mine, as determined by the Secretary, whichever is less, except that the reclamation fee for lignite coal shall be at a rate of 2 per centum of the value of the coal at the mine, or 6.4 cents per ton, whichever is less.
**(b) Due date** Such fee shall be paid no later than thirty days after the end of each calendar quarter beginning with the first calendar quarter occurring after August 3, 1977, and ending September 30, 2034.
**(c) Submission of statement** Together with such reclamation fee, all operators of coal mine operations shall submit a statement of the amount of coal produced during the calendar quarter, the method of coal removal and the type of coal, the accuracy of which shall be sworn to by the operator and notarized. Such statement shall include an identification of the permittee of the surface coal mining operation, any operator in addition to the permittee, the owner of the coal, the preparation plant, tripple,11 So in original. Probably should be “tipple,”. or loading point for the coal, and the person purchasing the coal from the operator. The report shall also specify the number of the permit required under [section 1256 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1256&num=0&edition=prelim) and the mine safety and health identification number. Each quarterly report shall contain a notification of any changes in the information required by this sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1232
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations; contents** Each State or Federal program shall include a requirement that coal exploration operations which substantially disturb the natural land surface be conducted in accordance with exploration regulations issued by the regulatory authority. Such regulations shall include, at a minimum (1) the requirement that prior to conducting any exploration under this section, any person must file with the regulatory authority notice of intention to explore and such notice shall include a description of the exploration area and the period of supposed exploration and (2) provisions for reclamation in accordance with the performance standards in [section 1265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1265&num=0&edition=prelim) of all lands disturbed in exploration, including excavations, roads, drill holes, and the removal of necessary facilities and equipment.
**(b) Confidential information** Information submitted to the regulatory authority pursuant to this subsection as confidential concerning trade secrets or privileged commercial or financial information which relates to the competitive rights of the person or entity intended to explore the described area shall not be available for public examination.
**(c) Penalties** Any person who conducts any coal exploration activities which substantially disturb the natural land surface in violation of this section or regulations issued pursuant thereto shall be subject to the provisions of [section 1268 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1268&num=0&edition=prelim).
**(d) Limitation on removal of coal** No operator shall remove more than two hundred and fifty tons of coal pursuant to an exploration permit with
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1262
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