30 U.S.C. § 1267 — Inspections and monitoring

Page 293 TITLE 30—MINERAL LANDS AND MINING § 1267 (d) Applicability of this subchapter to surface op- erations and surface impacts incident to un- derground coal mining operations The provisions of this subchapter relating to State and Federal programs, permits, bonds, in- spections and enforcement, public review, and administrative and judicial review shall be ap- plicable to surface operations and surface im- pacts incident to an underground coal mine with such modifications to the permit application re- quirements, permit approval or denial proce- dures, and bond requirements as are necessary to accommodate the distinct difference between surface and underground coal mining. The Sec- retary shall promulgate such modifications in accordance with the rulemaking procedure es- tablished in section 1251 of this title. (Pub. L. 95–87, title V, § 516, Aug. 3, 1977, 91 Stat. 495.) Editorial Notes REFERENCES IN TEXT The Federal Coal Mine Health and Safety Act of 1969, referred to in subsec. (a), is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which was redesignated the Federal Mine Safety and Health Act of 1977 by Pub. L. 95–164, title I, § 101, Nov. 9, 1977, 91 Stat. 1290, and is classified prin- cipally to chapter 22 (§ 801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. § 1267. Inspections and monitoring (a) Inspections of surface coal mining and rec- lamation operations The Secretary shall cause to be made such in- spections of any surface coal mining and rec- lamation operations as are necessary to evalu- ate the administration of approved State pro- grams, or to develop or enforce any Federal pro- gram, and for such purposes authorized rep- resentatives of the Secretary shall have a right of entry to, upon, or through any surface coal mining and reclamation operations. (b) Records and reports; monitoring systems; evaluation of results For the purpose of developing or assisting in the development, administration, and enforce- ment of any approved State or Federal program under this chapter or in the administration and enforcement of any permit under this chapter, or of determining whether any person is in vio- lation of any requirement of any such State or Federal program or any other requirement of this chapter— (1) the regulatory authority shall require any permittee to (A) establish and maintain appropriate records, (B) make monthly reports to the regulatory authority, (C) install, use, and maintain any necessary monitoring equip- ment or methods, (D) evaluate results in ac- cordance with such methods, at such loca- tions, intervals, and in such manner as a regu- latory authority shall prescribe, and (E) pro- vide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary; (2) for those surface coal mining and rec- lamation operations which remove or disturb strata that serve as aquifers which signifi- cantly insure the hydrologic balance of water use either on or off the mining site, the regu- latory authority shall specify those— (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the poten- tial zone of influence; (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially affected by the mining and also directly below the lowermost (deep- est) coal seam to be mined; (C) records of well logs and borehole data to be maintained; and (D) monitoring sites to record precipita- tion. The monitoring data collection and analysis required by this section shall be conducted ac- cording to standards and procedures set forth by the regulatory authority in order to assure their reliability and validity; and (3) the authorized representatives of the reg- ulatory authority, without advance notice and upon presentation of appropriate credentials (A) shall have the right of entry to, upon, or through any surface coal mining and reclama- tion operations or any premises in which any records required to be maintained under para- graph (1) of this subsection are located; and (B) may at reasonable times, and without delay, have access to and copy any records, in- spect any monitoring equipment or method of operation required under this chapter. (c) Inspection intervals The inspections by the regulatory authority shall (1) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quar- ter for the surface coal mining and reclamation operation covered by each permit; (2) occur without prior notice to the permittee or his agents or employees except for necessary onsite meetings with the permittee; and (3) include the filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of this chapter. (d) Maintenance of sign Each permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible sign which sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclama- tion operations. (e) Violations Each inspector, upon detection of each viola- tion of any requirement of any State or Federal program or of this chapter, shall forthwith in- form the operator in writing, and shall report in writing any such violation to the regulatory au- thority. (f) Availability of information to public Copies of any records, reports, inspection ma- terials, or information obtained under this sub- chapter by the regulatory authority shall be made immediately available to the public at central and sufficient locations in the county, Page 294 TITLE 30—MINERAL LANDS AND MINING § 1268 multicounty, and State area of mining so that they are conveniently available to residents in the areas of mining. (g) Conflict of interest; penalty; publication of regulations; report to Congress No employee of the State regulatory authority performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal min- ing operation. Whoever knowingly violates the provisions of this subsection shall, upon convic- tion, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The Secretary shall (1) within sixty days after August 3, 1977, publish in the Federal Register, in accordance with section 553 of title 5, regulations to establish methods by which the provisions of this subsection will be monitored and enforced by the Secretary and such State regulatory authority, including ap- propriate provisions for the filing by such em- ployees and the review of statements and sup- plements thereto concerning any financial inter- est which may be affected by this subsection, and (2) report to the Congress as part of the An- nual Report (section 1296 of this title) on actions taken and not taken during the preceding year under this subsection. (h) Review; procedures for inspections (1) Any person who is or may be adversely af- fected by a surface mining operation may notify the Secretary or any representative of the Sec- retary responsible for conducting the inspection, in writing, of any violation of this chapter which he has reason to believe exists at the sur- face mining site. The Secretary shall, by regula- tion, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such al- leged violation. The Secretary shall furnish such persons requesting the review a written state- ment of the reasons for the Secretary’s final dis- position of the case. (2) The Secretary shall also, by regulation, es- tablish procedures to insure that adequate and complete inspections are made. Any such person may notify the Secretary of any failure to make such inspections, after which the Secretary shall determine whether adequate and complete inspections have been made. The Secretary shall furnish such persons a written statement of the reasons for the Secretary’s determination that adequate and complete inspections have or have not been conducted. (Pub. L. 95–87, title V, § 517, Aug. 3, 1977, 91 Stat. 498.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to requirement to report to Congress on actions taken and not taken under subsec. (g), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 109 of House Docu- ment No. 103–7. § 1268. Penalties (a) Civil penalties for violations of permit condi- tions and provisions of this subchapter In the enforcement of a Federal program or Federal lands program, or during Federal en- forcement pursuant to section 1252 of this title or during Federal enforcement of a State pro- gram pursuant to section 1271 of this title, any permittee who violates any permit condition or who violates any other provision of this sub- chapter, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under section 1271 of this title, the civil penalty shall be as- sessed. Such penalty shall not exceed $5,000 for each violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. In determining the amount of the penalty, consideration shall be given to the permittee’s history of previous vio- lations at the particular surface coal mining op- eration; the seriousness of the violation, includ- ing any irreparable harm to the environment and any hazard to the health or safety of the public; whether the permittee was negligent; and the demonstrated good faith of the per- mittee charged in attempting to achieve rapid compliance after notification of the violation. (b) Hearing A civil penalty shall be assessed by the Sec- retary only after the person charged with a vio- lation described under subsection (a) of this sec- tion has been given an opportunity for a public hearing. Where such a public hearing has been held, the Secretary shall make findings of fact, and he shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order therein requiring that the penalty be paid. When appropriate, the Secretary shall consolidate such hearings with other proceedings under section 1271 of this title. Any hearing under this section shall be of record and shall be subject to section 554 of title 5. Where the person charged with such a viola- tion fails to avail himself of the opportunity for a public hearing, a civil penalty shall be as- sessed by the Secretary after the Secretary has determined that a violation did occur, and the amount of the penalty which is warranted, and has issued an order requiring that the penalty be paid. (c) Notice of violation; action required of viola- tor; waiver of legal rights Upon the issuance of a notice or order charg- ing that a violation of this chapter has occurred, the Secretary shall inform the operator within thirty days of the proposed amount of said pen- alty. The person charged with the penalty shall then have thirty days to pay the proposed pen- alty in full or, if the person wishes to contest ei- ther the amount of the penalty or the fact of the violation, forward the proposed amount to the Secretary for placement in an escrow account. If through administrative or judicial review of the proposed penalty, it is determined that no viola- tion occurred, or that the amount of the penalty should be reduced, the Secretary shall within thirty days remit the appropriate amount to the