Current through Register Vol. 50, No. 9, September 20, 2024
A. Authorized
representatives of the commissioner may conduct inspections of surface coal
mining and reclamation operations as necessary to enforce the provisions of the
Act, these regulations and any permit, and to determine whether any notice of
violation or cessation order issued during an inspection authorized under this
Section has been complied with.
B.
Basis for Inspections
1. An authorized
representative of the commissioner shall immediately conduct an inspection to
enforce any requirement of the Act, these regulations, or any condition of a
permit or an exploration or development operations approval imposed under the
Act or these regulations, when the authorized representative has reason to
believe, on the basis of information available to him or her (other than
information resulting from a previous inspection), that there exists a
violation of the Act, these regulations, or any condition of a permit or an
exploration or development operations approval, or that there exists any
condition, practice or violation which creates an imminent danger to the health
or safety of the public or is causing or can reasonably be expected to cause a
significant, imminent environmental harm to land, air or water
resources.
2. An authorized
representative shall have reason to believe that a violation, condition or
practice exists if the facts alleged by the informant would, if true,
constitute a condition, practice or violation referred to in
§6301. B 1
C. The office shall conduct
inspections of all coal exploration, development operations and surface coal
mining and reclamation operations under its jurisdiction. These inspections
shall average at least:
1. one partial
inspection per month of each surface coal mining and reclamation operation. A
partial inspection is an onsite or aerial review of a person's compliance with
some of the permit conditions and requirements imposed under these regulations,
during which the inspector collects evidence with respect to every violation of
any such condition or requirement observed;
2. one complete inspection per calendar
quarter of each surface coal mining and reclamation operation. A complete
inspection is an onsite review of a person's compliance with all permit
conditions and requirements imposed under these regulations within the entire
area disturbed or affected by surface coal mining and reclamation operations,
including the collection of evidence with respect to every violation of any
such condition or requirement;
3.
periodic inspections of all coal exploration or development operations required
to comply in whole or part with the Act, or these regulations, including the
collection of evidence with respect to every violation of any condition of the
exploration or development operations approval, or any requirement of the Act
or these regulations;
4.
a. aerial inspections shall be conducted in a
manner which reasonably ensures the identification and documentation of
conditions at each surface coal mining and reclamation site
inspected;
b. any potential
violation observed during an aerial inspection shall be investigated on-site
within three days, provided, that any indication of a condition, practice, or
violation constituting cause for the issuance of a cessation order under
§6501. A.2 shall be
investigated on-site immediately, and provided further that an on-site
investigation of a potential violation observed during an aerial inspection
shall not be considered to be an additional partial or complete inspection for
the purposes of
§6301. C 1
D. The inspections
required under
§6301. C shall:
1. be carried out on an irregular basis so as
to monitor compliance at all operations, including those which operate nights,
weekends or holidays;
2. occur
without prior notice to the person being inspected or any of his agents or
employees, except for necessary onsite meetings; and
3. include the prompt filing of inspection
reports adequate to enforce the requirements of, and to carry out the terms and
purposes of, the applicable program, any condition of an exploration or
development operations approval or permit imposed under the Act or these
regulations.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.