§ 207.104. Enforcement.
(a) The Department has the authority to issue orders necessary to ensure compliance with section 2(f) of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-2(f)), known as the General Safety Law, and this chapter. This authority includes orders:
(1) Revoking or suspending a certificate of qualification to be a foreman.
(2) Ceasing or suspending the operation of a noncoal underground mine or developed facility.
(3) Requiring the abatement of an unsafe condition or practice.
(b) Except for orders abating a condition that is an imminent hazard or ceasing, in whole or in part, the operation of a noncoal underground mine or developed facility due to the existence of an imminent hazard, the Department will not issue an order abating a condition or correcting a violation of this chapter until the owner or operator has had an opportunity to meet with the Department to discuss the matter and the owner or operator has had a reasonable opportunity to abate the condition or correct the violation.
Source The provisions of this § 207.104 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.
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