§ 880-X-11B-.03. Requests For Inspections
(1) Any person who is or may be adversely affected by a surface mining operation may request an inspection under Rule 880-X-11B-.02(5), by furnishing to an authorized representative of the State Regulatory Authority a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative reason to believe that a violation, condition, or practice referred to in Rule 880-X-11B-.02(5)(a)1, exists and setting forth a phone number and address where the person who is or may be adversely affected can be contacted.
(2) The identity of any person supplying information to the State Regulatory Authority, relating to a possible violation or imminent danger or harm shall remain confidential with the Regulatory Authority, if requested by that person, unless that person elects to accompany the inspector on the inspection.
(3) If an inspection is conducted as a result of information provided to the State Regulatory Authority by a person as described in Paragraph (1) of this Rule, the person shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the State Regulatory Authority during the inspection. The State Regulatory Authority shall consult with all State and Federal agencies charged with the enforcement of mine safety regulations and shall ensure that the person accompanying the inspector complies with appropriate safety standards and regulations. The State Regulatory Authority shall provide that the person accompanying the inspector assumes the risk of personal injury where such injury results from the conduct of the operator which is neither negligent or intentional and where the person accompanying the inspector fails to comply with appropriate safety standards and regulations. Such person has a right of entry to, upon and through the coal exploration or the surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction and supervision of the authorized representative of the State Regulatory Authority while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.
(4) Within ten days of the inspection or, if there is no inspection, within 15 days of receipt of the person's written statement, the State Regulatory Authority shall send the person the following:
(a) If an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection or an explanation of why no enforcement action was taken;
(b) If no inspection was conducted, an explanation of the reason why; and
(c) An explanation of the person's right, if any, to informal review of the action or inaction of the State Regulatory Authority under Rule 880-X-11B-.06.
(5) The State Regulatory Authority shall give copies of all materials in Paragraphs (4)(a) and (b) of this Rule within the time limits specified in those Paragraphs to the person alleged to be in violation, except that the name of the person who is or may be adversely affected shall be removed unless disclosure of the person's identity is permitted under Paragraph (2) of this Rule.
(6) When a written complaint is received by the State Regulatory Authority concerning blast effects from a particular surface mine, a copy of that complaint will be forwarded to the surface mine operator. The surface mine operator shall attempt to resolve the problem and report the results of these efforts to the State Regulatory Authority in writing within 15 days. If the issue cannot be resolved, the State Regulatory Authority shall hold an informal conference with both parties within 15 days after receipt of the operator's response. Based on information presented at the conference, the State Regulatory Authority shall determine whether the cause of the complaint is related to blasting at the surface mine. This determination shall be based on consideration of any or all of the following information:
(a) Whether the complaint is in fact the result of blasting at the surface mine;
(b) Whether there is reasonable correlation between the incidents complained of and the dates and times reported in the operator's blast report record;
(c) Ground vibration records that may be submitted by the operator; and
(d) Results of any applicable preblast surveys conducted for or by the operator.
If the investigation shows that ground vibrations and airblast do not exceed the limits specified by these regulations and the permit at the complainant's structure, the State Regulatory Authority shall advise the complainant in writing that the operator is presently meeting minimum requirements.
Statutory Authority: Code of Ala. 1975, § 9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.
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