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<br /> environment,the lead agency or the Attorney General,on issuance thereof,unless the operator petitions the superior
<br /> behalf of the director, may seek an order from a court of court for review as provided in subdivision (e). Any order
<br /> competent jurisdiction enjoining that operation. shall be served by personal service or by certified mail
<br /> (e)Upon a complaint by the director,the department, upon the operator. Payment of any administrative penalty
<br /> or the board,the Attorney General may bring an action to which is specified in an order issued under subdivision(c),
<br /> recover administrative penalties under this section, and shall be made to the lead agency or the director within 30
<br /> penalties under Section 2207, in any court of competent days of service of the order; however, the payment shall
<br /> jurisdiction in this state against any person violating any be held in an interest bearing impound account pending
<br /> provision of this chapter or Section 2207, or any the resolution of a petition for review filed pursuant to
<br /> regulation adopted pursuant to this chapter or Section subdivision (e).
<br /> 2207. The Attorney General may bring such an`action on I (e) Any operator aggrieved by an order of the
<br /> ., his or her own initiative if, after examining the complaint legislative body or the board issued under subdivision (c)
<br /> and the evidence, he or she believes a violation has may obtain review of the order by filing in the superior
<br /> occurred. The Attorney General may also seek an order- court a petition for writ of mandate within 30 days
<br /> from a court of competent jurisdiction compelling the following the issuance of the order. Any operator
<br /> operator to comply with this chapter and Section 2207. aggrieved by an order of a lead agency or the director
<br /> (f) The .lead agency has primary responsibility for setting administrative penalties under subdivision (c) of
<br /> enforcing this chapter and Section 2207.. :In cases Section 2774:1, for which the legislative body or board
<br /> f where the 'board is not the lead agency pursuant to denies review, may obtain review of the order in the
<br /> Section 2774.4,enforcement actions may be initiated by superior court by filing in the court a petition for writ of
<br /> the director pursuant to this section only after .the mandate within 30 days following the denial of review.
<br /> violation has come to the attention of the director and The provisions of Section 1094.5 of the Code of Civil
<br /> either of the following occurs: Procedure shall govern judicial proceedings pursuant to
<br /> (1)The lead agency has been notified by the director this subdivision, except that in every case the court shall
<br /> in writing of the violation.for at least 15 days; and has exercise its independent judgment. If the operator does ..
<br /> not taken appropriate enforcement action. not petition for a writ of mandate within the time limits set
<br /> (2) The director determines that there is a violation by this subdivision, an order of the board or the legislative
<br /> which amounts to an imminent and substantial endanger- body shall not be subject to review by any court or
<br /> ment to the public health or safety, or to, the agency.
<br /> environment. § 2774.3. The' board shall review lead agency
<br /> The director shall comply with this section in ordinances which establish permit and reclamation
<br /> initiating enforcement actions. procedures to determine whether each ordinance is in
<br /> (g) Remedies under this section are in addition to, accordance with state policy, and shall certify the
<br /> and do not supersede or limit, any and all other remedies, ordinance as being in accordance with state policy if it
<br /> civil or criminal. adequately meets,or imposes requirements more stringent
<br /> § 2774.2. (a) Within 30 days of the issuance of an than, the California surface mining and reclamation
<br /> order setting administrative penalties under subdivision policies and procedures established by the board pursuant
<br /> (c) of Section 2774.1, the operator may petition that to this chapter.
<br /> legislative body of the lead agency, if the lead agency has § 2774.4. (a) If the board finds that a lead agency
<br /> issued the order, or the board for orders issued by the either has (1) approved reclamation plans or financial
<br /> director, for review of the order. If the operator does not assurances which are not consistent with this chapter, (2)
<br /> petition for review within the time-limits set be this failed to inspect or cause the inspection of surface mining
<br /> subdivision, the order setting administrative cpenalties operations as required by this chapter, (3) failed to seek
<br /> shall not be subject to review by any court or agency. forfeiture of financial assurances and to carry out
<br /> (b) The legislative body of the lead agency or the reclamation of surface mining operations as required by
<br /> board shall notify the operator by personal service or this chapter; (4) failed to take appropriate enforcement
<br /> certified mail whether it,will review the order setting actions as required by this chapter, (5) intentionally
<br /> administrative penalties. In reviewing an order pursuant misrepresented the results of inspections required under
<br /> to this section, the record shall consist of the record this chapter, or (6) failed to submit information to the
<br /> before the lead agency-or the director, and any other department as required by this chapter, the board shall
<br /> relevant evidence which, in the judgment of the exercise any of the powers of that lead agency under this
<br /> legislative body or the board, should be-considered to chapter, except for permitting authority.
<br /> effectuate and implement the policies of this chapter. (b) If, no sooner than three years after the board has
<br /> (c) The legislative body or the board may affirm, taken action pursuant to subdivision la), the board finds,
<br /> modify, or set aside, in whole or in part, by its own order, after a public hearing, that a lead agency has corrected its
<br /> ►� any order of the lead agency or the director setting deficiencies in implementing and enforcing this chapter,
<br /> administrative penalties reviewed by the legislative body and the rules and regulations adopted pursuant to this
<br /> or the board pursuant to this section, chapter, the board shall restore to the lead agency the
<br /> (d) Any order of the legislative body or the board powers assumed by the board pursuant to subdivision la).
<br /> issued under subdivision (c) shall become effective upon
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