§ 1267. — Inspections and monitoring.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1267]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER V--CONTROL OF THE ENVIRONMENTAL IMPACTS OF SURFACE COAL
MINING
Sec. 1267. Inspections and monitoring
(a) Inspections of surface coal mining and reclamation operations
The Secretary shall cause to be made such inspections of any surface
coal mining and reclamation operations as are necessary to evaluate the
administration of approved State programs, or to develop or enforce any
Federal program, and for such purposes authorized representatives of the
Secretary shall have a right of entry to, upon, or through any surface
coal mining and reclamation operations.
(b) Records and reports; monitoring systems; evaluation of results
For the purpose of developing or assisting in the development,
administration, and enforcement of any approved State or Federal program
under this chapter or in the administration and enforcement of any
permit under this chapter, or of determining whether any person is in
violation of any requirement of any such State or Federal program or any
other requirement of this chapter--
(1) the regulatory authority shall require any permittee to (A)
establish and maintain appropriate records, (B) make monthly reports
to the regulatory authority, (C) install, use, and maintain any
necessary monitoring equipment or methods, (D) evaluate results in
accordance with such methods, at such locations, intervals, and in
such manner as a regulatory authority shall prescribe, and (E)
provide such other information relative to surface coal mining and
reclamation operations as the regulatory authority deems reasonable
and necessary;
(2) for those surface coal mining and reclamation operations
which remove or disturb strata that serve as aquifers which
significantly insure the hydrologic balance of water use either on
or off the mining site, the regulatory authority shall specify
those--
(A) monitoring sites to record the quantity and quality of
surface drainage above and below the minesite as well as in the
potential zone of influence;
(B) monitoring sites to record level, amount, and samples of
ground water and aquifers potentially affected by the mining and
also directly below the lowermost (deepest) coal seam to be
mined;
(C) records of well logs and borehole data to be maintained;
and
(D) monitoring sites to record precipitation.
The monitoring data collection and analysis required by this section
shall be conducted according to standards and procedures set forth
by the regulatory authority in order to assure their reliability and
validity; and
(3) the authorized representatives of the regulatory authority,
without advance notice and upon presentation of appropriate
credentials (A) shall have the right of entry to, upon, or through
any surface coal mining and reclamation operations or any premises
in which any records required to be maintained under paragraph (1)
of this subsection are located; and (B) 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
chapter.
(c) Inspection intervals
The inspections by the regulatory authority shall (1) occur on an
irregular basis averaging not less than one partial inspection per month
and one complete inspection per calendar quarter for the surface coal
mining and reclamation operation covered by each permit; (2) occur
without prior notice to the permittee or his agents or employees except
for necessary onsite 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 chapter.
(d) Maintenance of sign
Each permittee shall conspicuously maintain at the entrances to the
surface coal mining and reclamation operations a clearly visible sign
which sets forth the name, business address, and phone number of the
permittee and the permit number of the surface coal mining and
reclamation operations.
(e) Violations
Each inspector, upon detection of each violation of any requirement
of any State or Federal program or of this chapter, shall forthwith
inform the operator in writing, and shall report in writing any such
violation to the regulatory authority.
(f) Availability of information to public
Copies of any records, reports, inspection materials, or information
obtained under this subchapter by the regulatory authority shall be made
immediately available to the public at central and sufficient locations
in the county, multicounty, and State area of mining so that they are
conveniently available to residents in the areas of mining.
(g) Conflict of interest; penalty; publication of regulations; report to
Congress
No employee of the State regulatory authority performing any
function or duty under this chapter shall have a direct or indirect
financial interest in any underground or surface coal mining operation.
Whoever knowingly violates the provisions of this subsection shall, upon
conviction, be punished by a fine of not more than $2,500, or by
imprisonment of not more than one year, or by both. The Secretary shall
(1) within sixty days after August 3, 1977, publish in the Federal
Register, in accordance with section 553 of title 5, regulations to
establish methods by which the provisions of this subsection will be
monitored and enforced by the Secretary and such State regulatory
authority, including appropriate provisions for the filing by such
employees and the review of statements and supplements thereto
concerning any financial interest which may be affected by this
subsection, and (2) report to the Congress as part of the Annual Report
(section 1296 of this title) on actions taken and not taken during the
preceding year under this subsection.
(h) Review; procedures for inspections
(1) Any person who is or may be adversely affected by a surface
mining operation may notify the Secretary or any representative of the
Secretary responsible for conducting the inspection, in writing, of any
violation of this chapter which he has reason to believe exists at the
surface mining site. The Secretary shall, by regulation, establish
procedures for informal review of any refusal by a representative of the
Secretary to issue a citation with respect to any such alleged
violation. The Secretary shall furnish such persons requesting the
review a written statement of the reasons for the Secretary's final
disposition of the case.
(2) The Secretary shall also, by regulation, establish procedures to
insure that adequate and complete inspections are made. Any such person
may notify the Secretary of any failure to make such inspections, after
which the Secretary shall determine whether adequate and complete
inspections have been made. The Secretary shall furnish such persons a
written statement of the reasons for the Secretary's determination that
adequate and complete inspections have or have not been conducted.
(Pub. L. 95-87, title V, Sec. 517, Aug. 3, 1977, 91 Stat. 498.)
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(g) of this section relating to requirement to report to Congress on
actions taken and not taken under subsec. (g), see section 3003 of Pub.
L. 104-66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance, and page 109 of House Document No. 103-7.
Section Referred to in Other Sections
This section is referred to in section 1300 of this title.
