§ 15-58-205 - Inspections. - Arkansas Statutes

15-58-205. Inspections.

(a) The Director of the Arkansas Department of Environmental Quality shall require such monitoring and reporting, shall cause to be made such inspections of any surface coal mining and reclamation operations, shall require the maintenance of such signs and markers, and shall take such other actions as are necessary to administer, enforce, and evaluate the administration of this chapter and to meet the state program requirements. For these purposes, the director or his or her authorized representatives, upon presentation of appropriate identifying credentials, shall have a right of entry to, upon, or through any surface coal mining and reclamation operations and, at reasonable times and without delay, may have access to and copy any records and inspect any monitoring equipment or method of operation required under this chapter or the regulations issued pursuant to this chapter.

(b) The Arkansas Pollution Control and Ecology Commission shall issue regulations which provide for informing the operator of violations detected by an inspector, for making public all inspection and monitoring reports and other records and reports adequate to enforce the requirements of and to carry out the terms and purpose of this chapter. The regulations shall also provide at a minimum for inspections without prior notice to the permittee or his or her agents or employees, except for necessary on site meetings with the permittee, on an irregular basis averaging not less than one (1) partial inspection per month and one (1) complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by the permit.

(c) (1) Any person who is, or may be, adversely affected by a surface coal mining operation may notify the director or any representative of the director in writing of any violation of this chapter which he or she has reason to believe exists at the surface mining site.

(2) Any person who is or may be adversely affected by a surface coal mining operation may notify the director or the commission of any failure on behalf of the Arkansas Department of Environmental Quality to make proper inspections, after which the director, the commission, or their authorized representatives shall determine whether adequate and complete inspections have been made.

(3) The commission shall by regulation establish procedures ensuring that adequate and complete inspections have been made and for the review of reports from interested persons. The regulations shall provide that the interested persons are furnished a written statement of the reasons for the final disposition of the matter.