Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-11B - INSPECTION AND ENFORCEMENT PROCEDURES INSPECTIONS › Section 880-X-11B-.02 - Inspections

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation under its jurisdiction and shall conduct such partial inspections of each inactive site under its jurisdiction as are necessary to ensure effective enforcement of the state program. A partial inspection is an on-site or aerial review of a person's compliance with some of the permit conditions and requirements imposed under the State program. No aerial review may be counted as a partial inspection unless it is appropriately documented with observable factors noted. The inspector shall collect evidence of any violation of those conditions or requirements observed.
(2) The State Regulatory Authority shall conduct an average of at least one complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation under its jurisdiction. A complete inspection is an on-site review of a person's compliance with all permit conditions and requirements imposed under the State program, within the entire area disturbed or affected by surface coal mining and reclamation operations. This includes collection of evidence with respect to every violation of those conditions or requirements.
(3) The State Regulatory Authority shall conduct periodic inspection of all coal exploration operations required to comply in whole or in part with the Act, or these regulations. Such inspections shall include the collection of evidence with respect to every violation of any condition of the exploration approval, or any requirement of the Act, or these regulations.
(4) Aerial inspections shall be conducted in a manner which will reasonably ensure the identification and documentation of conditions at each surface coal mining and reclamation site inspected. Any potential violation observed during an aerial inspection shall be investigated on-site within three (3) days; provided that any indication of a condition, practice or violation constituting cause for the issuance of a cessation order pursuant to Rule 11C-.02 shall be investigated on site immediately, and provided further, that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraphs (1) and (2) of this Rule.
(5) The inspections required under Paragraphs (1), (2), (3) and (4) of this Rule shall:
(a) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;
(b) Occur without prior notice to the person being inspected or any agent or employee of such person, except for necessary on-site meetings; and
(c) Include the prompt filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of the Act, these regulations, the exploration approval and the permit.