La. Admin. Code tit. 43 § XV-413

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-413 - Conditions of Exemption and Right of Inspection and Entry

A. A person conducting activities covered by this Chapter shall:

1. maintain on-site or at other locations available to authorized representatives of the office and the Secretary of Interior information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the office;

2. notify the office upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

3. conduct operations in accordance with the approved application or when authorized to extract coal under §405. B or E.3 prior to submittal or approval of an exemption application, in accordance with the standards of this Chapter;

4. authorized representatives of the office and the secretary of interior shall have the right to conduct inspections of operations claiming exemption under this Chapter;

5. each authorized representative of the office and the secretary of interior conducting an inspection under this Chapter:

a. shall have a right of entry to, upon, and through any mining and reclamation operations without advance motive or a search warrant, upon presentation of appropriate credentials;

b. may, at reasonable times and without delay have access to and copy any records relevant to the exemptions; and

c. shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site;

6. no search warrant shall be required with respect to any activity under §413. A 4-5 except that a search warrant may be required for entry into a building.

La. Admin. Code tit. 43, § XV-413

Promulgated by the Department of Natural Resources, Office of Conservation, LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.