(a) General rule.--Except with the express written approval of the department as provided in subsection (b), the operator shall maintain mining and reclamation equipment on the site at all times, shall conduct an active operation and shall conduct surface mining operations on the site on a regular and continuous basis.

(b) Application for temporary cessation.--Before temporary cessation of operations, the operator shall submit a written application to the department, including a statement of the number of acres that have been affected, the reason for cessation, the date on which temporary cessation is anticipated and the date on which the operator anticipates that operations will resume. Except as provided in subsection (c), the department may not approve the temporary cessation of an operation for a period exceeding 90 days unless the cessation is due to seasonal shutdown or labor strikes.

(c) Operations producing highway or construction aggregates.--For operations producing highway or construction aggregates, where the temporary cessation is due to the absence of a current regional market for the mineral being mined, temporary cessation may not exceed five years.

(d) Cessation not a release of obligations.--Temporary cessation shall not relieve the operator of his obligation to comply with the provisions of this act, the regulations promulgated hereunder and the conditions of his permit, including, but not limited to, compliance with all applicable environmental protection performance standards.