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MSHA FAQ | SMART 30 CFR | FMSHRC CASE FINDER | FMSHRC CASE ANALYSIS

Failure to Abate - Section 104(b)

Under Section 104(b) of the Mine Act, MSHA has authority to issue a withdrawal order where the mine operator fails to abate the conditions identified in a Section 104(a) citation within the time period set by the inspector. It is commonly referred to as a failure to abate order.
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   Identifying a Section 104(b)     Order
   Section 104(a) Prerequisite
   Relation to Other Proceedings
   Termination Due Deadline
   Initial Options
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   Request an Extension
   Grounds for Extension
   Order of Withdrawal
   Civil Penalty Consequences
   Potential for Daily Penalties
   Assessment of Daily Penalties
   Contest of a Section 104(b)     Order
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   Conditions Were Abated
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© Libertas Corporation. 2006. All rights reserved.The information contained on this page is NOT legal advice.