Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 30 - Mineral Resources |
Chapter VII - Office of Surface Mining Reclamation and Enforcement, Department of the Interior |
SubChapter L - Permanent Program Inspection and Enforcement Procedures |
Part 843 - Federal Enforcement |
§ 843.24 - Oversight of State permitting decisions with respect to ownership or control or the status of violations.
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(a) The Office shall take action pursuant to paragraphs (b) and (c) of this section whenever it determines, through its oversight of the implementation of State programs, that a State has issued a permit without complying with the State program equivalents of §§ 773.22, 773.23, 773.24, 773.25, and 843.23 of this chapter.
(b) If, as a result of its determination that a State has failed to comply with the provisions set forth in paragraph (a) of this section, the Office has reason to believe that the State has issued a permit improvidently within the meaning of § 773.20 of this chapter, the Office shall initiate action under the provisions of § 843.21 of this part.
(c) If the Office determines that a State's failure to comply with the State program equivalents of §§ 773.22, 773.23, 773.24, 773.25, and 843.23 of this chapter was knowing, it shall initiate action under §§ 735.21 or 886.18 (as allowed by law) and/or § 733.12(b) of this chapter, unless the State's action was the result of a mandatory injunction of a court of competent jurisdiction.