Section 240.186  Cessation of Conditions Creating an Imminent Danger to Public Health and Safety and the Environment

a)         The Department may issue cessation orders requiring the cessation of conditions causing or the correction of any condition that creates a threat to the health or safety of the public or an imminent danger of significant environmental harm or significant damage to property, without issuing a notice of violation in accordance with Section 240.160.

b)         If the Department determines that any condition or practice exists, or that any person or permittee is in violation of any requirement of the Act or this Part or any permit condition, which condition, practice or violation creates an imminent danger to the health or safety of the public, or an imminent danger of significant environmental harm or significant damage to property, any authorized employee or agent of the Department may order the immediate cessation of the condition or practice. [225 ILCS 725/19.1] The following constitute conditions or violations mandating the issuance of a  cessation order under this subsection: drilling or operating, without a permit from the Department, a well required to be permitted under the Act; operating an annular or casing injection/disposal well; or failure to repair a leak or cease improper discharge of saltwater, oil or other liquid oilfield wastes from a well, tank or flowline or by a liquid oilfield waste hauler.

c)         If a responsible party cannot be readily located, in the judgment of the employee or agent issuing the cessation order, or fails to respond, within the time frame specified in the cessation order, to correct the condition endangering the public health, safety or the environment, the employee or agent may take any action he deems necessary to cause a cessation of operations and abatement of any violation observed [225 ILCS 725/19.1], including emergency activities specified in Section 240.1630.

d)         The cessation order shall be served by personal delivery to the person or permittee named in the order or by mailing it certified mail, return receipt requested, to the last known address of the person or permittee as soon as is practicably possible but in no event later than 5 days after its issuance. [225 ILCS 725/19.1]  The notice shall contain a scheduled hearing date that shall be held within 5 days after the issuance of the cessation order.  The hearing shall be conducted in accordance with Article 10 of the Illinois Administrative Procedure Act by an impartial hearing officer designated by the Department and held in the Department's office in Springfield, Illinois.

e)         At the hearing, the Department shall have the burden of proving the facts of the violation alleged in the cessation order.  The standard of proof shall be a preponderance of the evidence.  The impartial hearing officer shall conduct the hearing,  hear the evidence, and at the conclusion of the hearing render findings of fact, conclusions of law and issue the final administrative decision of the Department pursuant to Section 10 of the Act.

f)          A cessation order issued under this Section shall continue in effect until modified, vacated, or terminated by the Department [225 ILCS 725/8(a)].  A cessation order issued under this Section is not subject to temporary relief under Section 240.190 of this Part.

(Source:  Added at 25 Ill. Reg. 9045, effective July 9, 2001)