207.13 - INSPECTIONS AND MONITORING.
207.13 INSPECTIONS AND MONITORING.
1. a. 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.
b. 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. Occur at a frequency of 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
2002 Acts, ch 1050, §20; 2009 Acts, ch 41, §263