§ 817. — Procedures to counteract dangerous conditions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC817]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER I--GENERAL
Sec. 817. Procedures to counteract dangerous conditions
(a) Withdrawal orders
If, upon any inspection or investigation of a coal or other mine
which is subject to this chapter, an authorized representative of the
Secretary finds that an imminent danger exists, such representative
shall determine the extent of the area of such mine throughout which the
danger exists, and issue an order requiring the operator of such mine to
cause all persons, except those referred to in section 814(c) of this
title, to be withdrawn from, and to be prohibited from entering, such
area until an authorized representative of the Secretary determines that
such imminent danger and the conditions or practices which caused such
imminent danger no longer exist. The issuance of an order under this
subsection shall not preclude the issuance of a citation under section
814 of this title or the proposing of a penalty under section 820 of
this title.
(b) Notice to mine operators; further investigation; findings and
decision by Secretary
(1) If, upon any inspection of a coal or other mine, an authorized
representative of the Secretary finds (A) that conditions exist therein
which have not yet resulted in an imminent danger, (B) that such
conditions cannot be effectively abated through the use of existing
technology, and (C) that reasonable assurance cannot be provided that
the continuance of mining operations under such conditions will not
result in an imminent danger, he shall determine the area throughout
which such conditions exist, and thereupon issue a notice to the
operator of the mine or his agent of such conditions, and shall file a
copy thereof, incorporating his findings therein, with the Secretary and
with the representative of the miners of such mine. Upon receipt of such
copy, the Secretary shall cause such further investigation to be made as
he deems appropriate, including an opportunity for the operator or a
representative of the miners to present information relating to such
notice.
(2) Upon the conclusion of an investigation pursuant to paragraph
(1), and an opportunity for a public hearing upon request by any
interested party, the Secretary shall make findings of fact, and shall
by decision incorporating such findings therein, either cancel the
notice issued under this subsection or issue an order requiring the
operator of such mine to cause all persons in the area affected, except
those persons referred to in subsection (c) of section 814 of this title
to be withdrawn from, and be prohibited from entering, such area until
the Secretary, after a public hearing affording all interested persons
an opportunity to present their views, determines that such conditions
have been abated. Any hearing under this paragraph shall be of record
and shall be subject to section 554 of title 5.
(c) Form and content of orders
Orders issued pursuant to subsection (a) of this section shall
contain a detailed description of the conditions or practices which
cause and constitute an imminent danger and a description of the area of
the coal or other mine from which persons must be withdrawn and
prohibited from entering.
(d) Findings; duration of orders
Each finding made and order issued under this section shall be given
promptly to the operator of the coal or other mine to which it pertains
by the person making such finding or order, and all of such findings and
orders shall be in writing, and shall be signed by the person making
them. Any order issued pursuant to subsection (a) of this section may be
modified or terminated by an authorized representative of the Secretary.
Any order issued under subsection (a) or (b) of this section shall
remain in effect until vacated, modified, or terminated by the
Secretary, or modified or vacated by the Commission pursuant to
subsection (e) of this section, or by the courts pursuant to section
816(a) of this title.
(e) Reinstatement, modification, and vacatur of orders
(1) Any operator notified of an order under this section or any
representative of miners notified of the issuance, modification, or
termination of such an order may apply to the Commission within 30 days
of such notification for reinstatement, modification or vacation of such
order. The Commission shall forthwith afford an opportunity for a
hearing (in accordance with section 554 of title 5 but without regard to
subsection (a)(3) of such section) and thereafter shall issue an order,
based upon findings of fact, vacating, affirming, modifying, or
terminating the Secretary's order. The Commission and the courts may not
grant temporary relief from the issuance of any order under subsection
(a) of this section.
(2) The Commission shall take whatever action is necessary to
expedite proceedings under this subsection.
(Pub. L. 91-173, title I, Sec. 107, Dec. 30, 1969, 83 Stat. 755; Pub. L.
95-164, title II, Sec. 201, Nov. 9, 1977, 91 Stat. 1307.)
Amendments
1977--Pub. L. 95-164 substituted provisions relating to the
procedures to be followed to counteract dangerous conditions in coal or
other mines for provisions relating to the posting of notices, orders,
and decisions at coal mines, see section 819 of this title.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9, 1977,
except as otherwise provided, see section 307 of Pub. L. 95-164, set out
as a note under section 801 of this title.
Section Referred to in Other Sections
This section is referred to in sections 816, 820, 821 of this title.
