Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.31 - Inspection and Enforcement › Section 26.20.31.05 - Public Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any
				  person may request that the Bureau inspect any strip mining and reclamation
				  operation or prospecting operation by furnishing a signed written statement
				  which shows reason to believe that a violation of the Regulatory Program,
				  permit condition, or prospecting approval is occurring. The statement shall
				  contain the phone number and address where the person can be reached during
				  normal business hours.
B. If the
				  Bureau determines that the information supplied provides reason to believe that
				  a violation is occurring, the Bureau shall conduct an inspection. Before
				  conducting the inspection, the Bureau shall notify the complainant of the
				  complainant's right to be present during the inspection. Any person who
				  accompanies an inspector under this regulation shall agree, in writing, to at
				  all times remain in the presence of the inspector and under his control,
				  direction, and supervision while on the permit site.
C. Regardless of whether the person
				  accompanies the inspector, he or she shall be provided, within 10 days of the
				  inspection, a written description of the enforcement action taken (which may
				  include copies of the inspection report and any notices or orders issued).
				  Likewise, if the Bureau determines not to inspect the permit area, the person
				  shall be provided, within 15 days of receipt of his statement under §A of this
				  regulation, a written explanation of the reason no inspection was conducted.
				  The Bureau shall also inform the person of the person's right to review of the
				  Bureau's action or inaction in regard to the complaint filed. Copies of all
				  material shall be provided to the person alleged to be in violation of the
				  Regulatory Program, permit condition, or prospecting approval, except that the
				  name of the requestor shall be kept confidential if this protection was
				  obtained under §D of this regulation and has been maintained.
D. If requested in the original signed
				  statement required in §A of this regulation, and if the person elects not to
				  accompany the inspector under §B of this regulation, the identity of the person
				  supplying information to the Bureau shall be kept confidential to the extent
				  permitted under Maryland law.
E.
				  If, as the result of an inspection requested under §A of this regulation, the
				  Bureau issues a notice or order to the operator, the requestor shall be
				  permitted to participate in any enforcement proceedings or appeals in the same
				  manner as if the requestor were a person "adversely affected" by the
				  violation.
F. A person who is or
				  may be adversely affected by a surface mining and reclamation operation or
				  prospecting operation may notify the Director, in writing, of any alleged
				  failure on the part of the Bureau to make adequate and complete or periodic
				  inspections of the operation. The notification shall include sufficient
				  information to create a reasonable belief that regulations pertaining to
				  inspections are not being complied with, and to demonstrate that the person is
				  or may be adversely affected. The Director shall determine within 15 days of
				  receipt of the notification whether adequate and complete or periodic
				  inspections have been made. The Director shall notify the complainant, in
				  writing, of the reasons for the determination and the actions, if any, taken to
				  remedy the noncompliance.
G. In
				  those instances where an authorized representative of the Director of the
				  Bureau decides not to inspect an operation or fails to issue a notice or order
				  as a result of an inspection requested under §A of this regulation, the
				  requestor may seek informal review by the Director. The request for review
				  shall be in writing, include a statement of how the person is or may be
				  adversely affected by the alleged violation, and state why the decision merits
				  review. The Director shall conduct a review and inform the person of the
				  Director's decision in writing within 30 days of receipt of the request. The
				  operator shall also be sent a copy of the Director's decision, except that the
				  name of the requestor shall be kept confidential if this protection was
				  initially obtained under §D of this regulation and has been maintained. Any
				  person adversely affected by the Director's decision may obtain an adjudicatory
				  hearing under COMAR 26.20.34, and shall bear the burden of proof as to
				  existence of the alleged violation at the permit site.