Section 11-8-2.5-63-6301 - Inspections(a) Authorized representatives of the Executive Director may conduct inspections of surface coal mining and reclamation operations as necessary to enforce the provisions of the act, these regulations and any permit, and to determine whether any notice of violation or cessation order issued during an inspection authorized under this Section has been complied with.(b) Basis for Inspections(1) An authorized representative of the Executive Director shall immediately conduct an inspection to enforce any requirement of the act, these regulations, or any condition of a permit or an exploration or development operations approval imposed under the act or these regulations, when the authorized representative has reason to believe, on the basis of information available to him or her (other than information resulting from a previous inspection), that there exists a violation of the act, these regulations, or any condition of a permit or an exploration or development operations approval, or that there exists any condition, practice or violation which creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause a significant, imminent environmental harm to land, air or water resources. This paragraph does not limit the routine inspections to be performed under § 6301(c).(2) An authorized representative shall have reason to believe that a violation, condition or practice exists if the facts alleged by the informant or facts indicated by the representative's personal knowledge would, if true, constitute a condition, practice or violation referred to in § 6301(b)(1).(c) The Department shall conduct inspections of all coal exploration, development operations and surface coal mining and reclamation operations under its jurisdiction. These inspections shall average at least:(1) one partial inspection per month of each surface coal mining and reclamation operation, and shall conduct such partial inspections of each inactive surface coal mining and reclamation operation as are necessary to ensure effective enforcement of these regulations. A partial inspection is an onsite or aerial review of a person's compliance with some of the permit conditions and requirements imposed under these regulations, during which the inspector collects evidence with respect to every violation of any such condition or requirement observed;(2) one complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation. A complete inspection is an onsite review of a person's compliance with all permit conditions and requirements imposed under these regulations within the entire area disturbed or affected by surface coal mining and reclamation operations, including the collection of evidence with respect to every violation of any such condition or requirement;(3) periodic inspections of all coal exploration operations required to comply in whole or part with the act, or these regulations, including the collection of evidence with respect to every violation of any condition of the exploration or development operations approval, or any requirement of the act or these regulations;(4)(A) Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected;(B) Any potential violation observed during an aerial inspection shall be investigated on-site within three days, provided, that any indication of condition, practice, or violation constituting cause for the issuance of a cessation order under § 6501 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 § 6301(c)(1) and (2).(d) The inspections required under § 6301(c) shall:(1) be carried out on an irregular basis so as to monitor compliance at all operations, including those which operate nights, weekends or holidays;(2) occur without prior notice to the person being inspected or any of his agents or employees, except for necessary onsite meetings; and(3) include the prompt filing of inspection reports adequate to enforce the requirements of, and to carry out the terms and purposes of the act and these regulations.(e) For the purposes of § 6301, an inactive surface coal mining and reclamation operation is one for which: (1) the Department has secured from the permittee the written notice provided for under § 53105 or 53107.(2) Reclamation Phase II as defined at Rule 45 has been completed and the liability of the permittee has been reduced by the Commission in accordance with these regulations.(f) For the purposes § 6301, an abandoned site is as defined at § 105.(g) In lieu of the inspection frequency established § 6301(c)(1) and (2), the Department shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.(1) In selecting an alternate inspection frequency authorized under § 6301(g), the Department shall first conduct a complete inspection of the abandoned site and provide public notice under § 6301(g)(2). Following the inspection and public notice, the Department shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria: (A) How the site meets each of the criteria under the definition of an abandoned site under § 105 and thereby qualifies for a reduction in inspection frequency;(B) Whether, and to what extent, there exist on the site impoundments, earthen structures or other conditions that pose, or may reasonably be expected to ripen into, imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;(C) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;(D) The degree to which erosion and sediment control is present and functioning;(E) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities;(F) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with them; and(G) Based on a review of the complete and partial inspection report record for the site during at least the last two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.(2) The public notice and opportunity to comment required under § 6301(g)(1) shall be provided as follows:(A) The Department shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned site providing the public with a 30-day period in which to submit written comments.(B) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and address of the Department where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.11 Miss. Code. R. § 8-2.5-63-6301