27-128. Inspection of mines; violation; classification

A. The state mine inspector or a deputy inspector shall inspect each mine in the state as frequently as necessary to determine whether any hazardous dust condition exists therein. There shall be a prompt inspection of any mine in which he or a deputy inspector has reason to believe a hazardous dust condition exists or with respect to which complaint of a hazardous dust condition has been made as provided in section 27-308. The mine inspector or a deputy inspector shall make recommendations to mine operators as to methods of reducing dust and whenever he finds a hazardous dust condition he shall notify the mine operator thereof. The notice shall be in writing and shall specify a reasonable time within which the dust condition must be remedied. The mine operator shall install within the time specified, and thereafter maintain and operate, dust prevention practices which remedy the hazardous dust condition.

B. If the dust prevention practices are not installed within the time specified in the notice or are not thereafter maintained, the state mine inspector or a deputy inspector shall forthwith order cessation of operations, except for necessary maintenance and repair work, in all parts of the mine in which hazardous dust conditions exist or are produced by operations until the condition is remedied. Written notice of the order shall be given the mine operator and any mine operator who thereafter knowingly fails to obey the order is guilty of a class 2 misdemeanor.