§ 45-766. Right of entry - Inspections - Signs - Violations - Public inspection of records, etc.

A.  The representatives of the Department may enter upon the lands of the operator at all times deemed reasonable and necessary by the Department without advance notice and upon presentation of appropriate credentials for the purpose of inspection, to determine whether the provisions of this act have been complied with, and may at reasonable times, and without delay, have access to and copy any records, inspect any monitoring equipment or method of operation required under this act.

B.  The inspections by the Department shall:

1.  Occur on an irregular basis averaging at least one partial inspection per month for each active surface coal mining and reclamation operation covered by permit.  Partial inspections on each inactive surface coal mining and reclamation operation covered by permit shall be conducted as necessary to ensure the effective enforcement of this act.  At least one complete inspection shall be conducted per calendar quarter on each active and inactive surface coal mining and reclamation operation covered by permit.

For the purpose of this section, an inactive surface coal mining and reclamation operation is defined as those operations which have obtained at least a sixty percent (60%) bond release pursuant to paragraph 1 of subsection A of Section 772 of this title.  All other surface coal mining operations shall be considered as active;

2.  Occur without prior notice to the permittee or his agents or employees except for necessary on-site meetings with the permittee; and

3.  Include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this act.

C.  Each permittee shall maintain in a conspicuous place at the entrances to the surface coal mining and reclamation operations clearly visible signs which set forth the name, business address and phone number of the permittee and the permit number of the surface coal mining and reclamation operations.

D.  Each inspector, upon detection of each violation of any requirement of this act, shall immediately inform the operator in writing of the violation, and shall report in writing any such violation to the Department.

E.  Copies of any records, reports, inspection materials or information obtained under this act by the Department shall be made immediately available for inspection by the public at central and sufficient locations designated by the Department in the county, multicounty and state area of mining so that they are conveniently available to residents in the areas of mining, excepting such information required to be kept confidential by this act.

Amended by Laws 1984, c. 248, § 5, emerg. eff. May 29, 1984.