444.865. Records and reports required--entry and inspection authorized--ownership information to be displayed--commission employees not to engage in mining, penalty--employees to file financial statem
Records and reports required--entry and inspectionauthorized--ownership information to be displayed--commissionemployees not to engage in mining, penalty--employees to filefinancial statements.
444.865. 1. For the purpose of developing or assisting in thedevelopment, administration, and enforcement of this law, or in theadministration and enforcement of any permit, or of determining whether anyperson is in violation of any requirement of this law, rule or regulation,reclamation plan or permit:
(1) The commission shall require any permittee to:
(a) Establish and maintain appropriate records;
(b) Make monthly reports to the commission;
(c) Install, use, and maintain any necessary monitoring equipment ormethods;
(d) Evaluate results in accordance with such methods at such locations,intervals, and in such manner as the commission shall prescribe; and
(e) Provide such other information relative to surface coal mining andreclamation operations as the commission deems reasonable and necessary.
(2) For those surface coal mining and reclamation operations whichremove or disturb strata that serve as aquifers which significantly insure thehydrologic balance of water use either on or off the mining site, thecommission shall specify those:
(a) Monitoring sites to record the quantity and quality of surfacedrainage above and below the mine site as well as in the potential zone ofinfluence;
(b) Monitoring sites to record level, amount, and samples of groundwater and aquifers potentially affected by the mining and also directly belowthe 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 beconducted according to standards and procedures set forth by the commission inorder to assure their reliability and validity.
2. Authorized representatives of the commission, without advance noticeand upon presentation of appropriate credentials:
(1) Shall have the right of entry to, upon, or through any surface coalmining and reclamation operations or any premises in which any recordsrequired to be maintained under subsection 1 are located; and
(2) May at reasonable times, and without delay, have access to and copyany records and inspect any monitoring equipment or method of operation.
3. The inspections shall:
(1) Occur on an irregular basis averaging not less than one partialinspection per month and one complete inspection per calendar quarter for thesurface coal mining and reclamation operation covered by each permit;
(2) Occur without prior notice to the permittee or his agents oremployees except for necessary onsite meetings with the permittee; and
(3) Include the filing of inspection reports adequate to enforce therequirements of and to carry out the terms and purposes of this law.
4. No person shall refuse entry or access requested for purposes ofinspection, to any member of the commission or authorized representative whopresents appropriate credentials, nor obstruct or hamper any such person incarrying out the inspection. A suitably restricted search warrant, describingthe place to be searched and showing probable cause in writing and uponwritten oath or affirmation by any member of the commission or authorizedrepresentative, shall be issued by any circuit court, court of common pleas,court of criminal corrections, or associate division of the circuit courthaving jurisdiction in the county where the search is to be made.
5. Each permittee shall conspicuously maintain at the entrances to thesurface coal mining and reclamation operations a clearly visible sign whichsets forth the name, business address, and phone number of the permittee andthe permit number of the surface coal mining and reclamation operations.
6. Each inspector, upon detection of any violation, shall forthwithinform the operator in writing and shall report in writing any such violationto the commission.
7. Copies of any records, reports, inspection materials, or informationobtained by the commission shall be made immediately available to the publicat central and sufficient locations in the county, multicounty, and state areaof mining so that they are conveniently available to residents in the areas ofmining.
8. No employee of the commission shall have a direct or indirectfinancial interest in any underground or surface coal mining operation.Whoever knowingly violates the provisions of this subsection shall be guiltyof a misdemeanor and, upon conviction, be punished by a fine of not more thantwo thousand five hundred dollars, or by imprisonment of not more than oneyear, or by both. The commission shall promulgate regulations to establishmethods by which the provisions of this subsection will be monitored andenforced, including appropriate provisions for the filing by such employeesand the review of statements and supplements thereto concerning any financialinterest which may be affected by this subsection.
(L. 1979 H.B. 459)