9.51—Damages and penalties.
(a)
The operator shall be held liable for any damages to federally-owned or controlled lands, waters, or resources resulting from his failure to comply with either his plan of operations, or, where operations are continued pursuant to § 9.33, failure to comply with the applicable permit or, where operations are temporarily approved under § 9.38, failure to comply with the terms of that approval.
(b)
The operator agrees, as a condition for receiving an approved plan of operations, that he will hold harmless the United States and its employees from any damages or claims for injury or death of persons and damage or loss of property by any person or persons arising out of any acts or omissions by the operator, his agents, employees or subcontractors done in the course of operations.
(c)
Undertaking any operations within the boundaries of any unit in violation of this Subpart shall be deemed a trespass against the United States and shall be cause for revocation of approval of the plan of operations.
(1)
When a violation by an operator under an approved plan of operations is discovered, and if it does not pose an immediate threat of significant injury to federally-owned or controlled lands or waters, the operator will be notified in writing by the Superintendent and will be given ten (10) days to correct the violation; if the violation is not corrected within ten (10) days, approval of the plan of operations will be suspended until such time as the violation is corrected.
(2)
If the violation poses an immediate threat of significant injury to federally-owned or controlled lands or waters, approval of the plan of operations will be immediately suspended until such time as the violation is corrected. The operator will be notified in writing within five (5) days of any suspension and shall have the right to appeal that decision under § 9.48.
(3)
Failure to correct any violation or damage to federally owned or controlled lands, waters or resources caused by such violations will result in revocation of plan of operations approval.