207.13  Inspections and monitoring.

1.  The division shall make inspections of any mining and reclamation operations as are necessary to evaluate the administration of this chapter and authorized representatives of the division shall have a right to entry at any mining and reclamation operation. If the operator refuses to consent to the inspection, the division shall request the attorney general to immediately obtain a warrant for the inspection.

The division shall determine what records and other information shall be maintained and furnished to the division by the operators for the effective administration of this chapter.

2.  The inspections by the division shall:

a.  One complete inspection per calendar quarter and at least one partial inspection on an irregular basis in those months where a complete inspection is not performed.

b.  Occur without prior notice to the permittee, agents or employees except for necessary on-site meetings with the permittee.

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

3.  If the division has reason to believe that an operator is in violation of a requirement of this chapter or a permit condition, the division shall immediately order an inspection of the coal mining operation within ten days of receiving notice of the alleged violation.

4.  An operator shall conspicuously maintain a clearly visible sign at the entrances to the mining and reclamation operation which sets forth the name, business address, permit number and phone number of the operator.

5.  Each inspector shall immediately inform the operator in writing of each violation, and shall report in writing any violation to the division.

6.  Copies of any record, reports, inspection materials, or information obtained under this section by the division shall be made immediately available to the public at central and sufficient locations in the area of mining so that they are conveniently available to residents in the areas of mining.

7.  An employee of the division performing any function or duty under this chapter shall not have a direct or indirect financial interest in any mining operation.

Section History: Early form

  [C81, § 83.13]

Section History: Recent form

  C93, § 207.13

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