La. Admin. Code tit. 43 § XV-6301

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

Section XV-6301 - Inspections

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.

La. Admin. Code tit. 43, § XV-6301

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994).

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