Incidents of Non-Compliance
Upon
detecting a violation, the Bureau Inspector issues an Incident of
Noncompliance (INC) to the operator and uses one of two main enforcement
actions (warning or shut- in), depending on the severity of the
violation. If the violation is not severe or threatening, a warning INC
is issued. The warning INC must be corrected within a reasonable amount
of time specified on the INC. The shut-in INC may be for a single
component (a portion of the facility) or the entire facility. The
violation must be corrected before the operator is allowed to continue
the activity in question.
In
addition to the enforcement actions specified above, the Bureau can
assess a civil penalty of up to $40,000 per violation per day if: 1) the
operator fails to correct the violation in the reasonable amount of
time specified on the INC; or 2) the violation resulted in a threat of
serious harm or damage to human life or the environment.
Incidents of Noncompliance (INC) Appeals
Appeal: An entity (lessee, operator, contractor, etc.) that receives notification of an incident of noncompliance (INC) may appeal the INC to the Interior Board of Land Appeals (IBLA) under 30 C.F.R. part 290 and 43 C.F.R. part 4. The entity must appeal the INC within 60 days of receiving it.
At the IBLA:
- After filing its appeal, the entity appealing (the appellant) has 30 days to file a Statement of Reasons for the appeal if one was not filed with the appeal. Extensions may be granted.
- The agency has 30 days to file an Answer responding to the Statement of Reasons. The IBLA will grant one automatic extension, not to exceed 30 days.
- The appellant may file a reply brief within 15 days of receiving the Answer.
- Any party may request a hearing to present evidence on an issue of fact. The request must be filed within 30 days after the answer is due. If the IBLA grants a hearing, the appeal will be referred to an administrative law judge.