Md. Code Regs. 26.20.31.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.20.31.05 - Public Participation

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.

Md. Code Regs. 26.20.31.05

Regulations .05 were previously codified as COMAR 08.13.09.40 a A_K, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.