Effective 28 Aug 1979

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 statements. — 1. For the purpose of developing or assisting in the development, administration, and enforcement of this law, or in the administration and enforcement of any permit, or of determining whether any person 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 or methods;

(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 and reclamation operations as the commission deems reasonable and necessary.

(2) For those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or off the mining site, the commission shall specify those:

(a) Monitoring sites to record the quantity and quality of surface drainage above and below the mine site as well as in the potential 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 (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 be conducted according to standards and procedures set forth by the commission in order to assure their reliability and validity.

2. Authorized representatives of the commission, without advance notice and upon presentation of appropriate credentials:

(1) Shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under subsection 1 are located; and

(2) May at reasonable times, and without delay, have access to and copy any 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 partial inspection per month and one complete inspection per calendar quarter 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 law.

4. No person shall refuse entry or access requested for purposes of inspection, to any member of the commission or authorized representative who presents appropriate credentials, nor obstruct or hamper any such person in carrying out the inspection. A suitably restricted search warrant, describing the place to be searched and showing probable cause in writing and upon written oath or affirmation by any member of the commission or authorized representative, shall be issued by any circuit court, court of common pleas, court of criminal corrections, or associate division of the circuit court having jurisdiction in the county where the search is to be made.

5. 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 reclamation operations.

6. Each inspector, upon detection of any violation, shall forthwith inform the operator in writing and shall report in writing any such violation to the commission.

7. Copies of any records, reports, inspection materials, or information obtained by the commission shall be made immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.

8. No employee of the commission shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction, be punished by a fine of not more than two thousand five hundred dollars, or by imprisonment of not more than one year, or by both. The commission shall promulgate regulations to establish methods by which the provisions of this subsection will be monitored and enforced, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection.

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(L. 1979 H.B. 459)