Section 096-200-6-25 - Inspection and MaintenanceThe Permittee, using qualified professionals, shall inspect all phases of the mining operation to ensure compliance with the design and construction specifications, standard operating procedures, the mining permit, applicable rules, and the Act. Nothing in this section limits the ability of the Department to conduct inspections in any area of the property or to require corrective actions to address deficiencies identified in the monitoring data or as a result of such inspections. A qualified professional under this section cannot also serve as a third-party independent inspector under section 12.
A. A Permittee shall allow all inspections and comply with maintenance and monitoring requirements contained in the permit.B. Each phase of mine construction, operation, and closure must be inspected by qualified professionals in accordance with the Quality Assurance Plan (QAP) approved by the Department.(1) For construction of containment structures and impoundments, Construction Quality Assurance (CQA) must include continuous site inspections by the CQA personnel. Inspection, testing, and certification must be done by CQA personnel separate from the Permitee. As determined by the Department, this requirement may also apply to storage piles depending on the nature and extent of the particular storage pile.(a) For the purposes of this section, separate from the Permittee means CQA personnel are not in the direct employment of the Permittee. Direct employment of the owner/operator does not include CQA personnel employed by a company under a contractual relationship with the owner/operator, provided that the CQA personnel are employed by a company that:(i) Offers and performs quality assurance services for other companies not affiliated with the owner/operator; and(ii) Has a management structure that exists and operates separately from the owner/operator, such that CQA personnel are not directly compensated by, and are completely free of any direct reporting obligation to the owner/operator.(2) All other phases of mine construction must be inspected by qualified professionals and the inspections must be conducted with the frequency and level of detail and documentation necessary to allow the qualified professional to certify that the structures were constructed consistent with the design.(3) Mine operations must be inspected at least weekly by qualified professionals in order to verify that the mine is operated consistent with permit requirements and that structures and practices designed to protect natural resources, the environment and public health and safety are functioning as designed, intended and required by the mining permit, this Chapter and the Act, and not susceptible to failure due to significant weather, seismic or other events.(4) Inspection and maintenance requirements and schedules for the operation, reclamation, closure, and post closure phases of the mining operation. These requirements must at a minimum apply to any feature or structure that represents a potential threat to natural resources, the environment and public health and safety, as well as to hydrologic and biologic features in the mining and affected area. (a) During operation, reclamation and closure, the mining areas and affected areas must be inspected by qualified persons at least monthly.(b) During the post-closure monitoring period, the mining areas, and affected areas must be inspected by qualified persons at least twice per year.(c) Within 30 days of the inspections required under this section, the qualified person shall submit to the Permittee and the Department:(i) A summary of activities that occurred at the mine site during the reporting period and results of analyses conducted to monitor compliance with permit conditions;(ii) Certification that the mining areas and affected areas are in good condition and in compliance with the mining permit, this Chapter, and the Act; or(iii) Identification of the corrective measures that must be undertaken by the Permittee to reach compliance. Within 10 days of receipt of the necessary corrective measures, the Permittee shall propose a plan and schedule to the Department for review and approval for implementing the corrective measures.06-096 C.M.R. ch. 200, § 6-25