§ 2-20-65. Suspension or revocation of approvals and permits.

(1)

Upon the recommendation of the director, the board, by resolution, may suspend a previously approved master mining plan or operating permit as provided herein, if it determines that the applicant is in material violation of the terms of this chapter, the master mining plan or the operating permit.

(2)

Upon the recommendation of the director, the board, by resolution, may revoke a previously approved master mining plan or operating permit as provided herein only if it determines that the material violation constitutes or results in a present, immediate danger to the public health, safety or welfare.

(3)

Prior to any suspension or revocation, the board shall give not less than fifteen (15) days written notification thereof by certified mail to the applicant. Such notification shall contain a statement of the reasons why the approved master mining plan or operating permit may be suspended or revoked, and reference to the applicable ordinance provisions or permit conditions.

(4)

The applicant may file a written explanation no later than ten (10) days after notice of the proposed suspension of revocation is served upon it, and in such submission may request a public hearing before the board.

(5)

No approved master mining plan or operating permit shall be suspended or revoked before the applicant is afforded notice and an opportunity for hearing before the board, unless the board determines that danger to the public is imminent, in which case it may order temporary suspension of specifically described activities until such time as a hearing is held.

(Ord. No. 04-39, § VII(E), 11-2-04)