Section 69-05.2-28-01 - Inspection and enforcement - Requests for inspections1. A person may request an inspection of a surface coal mining and reclamation operation by filing a signed, written statement, or making an oral report followed by filing a signed, written statement, which gives the commission reason to believe that any requirement of North Dakota Century Code chapter 38-14.1, this article, or any permit condition, has not been complied with, and including the person's telephone number and address. 2. The identity of any person supplying information to the commission relating to a possible violation or imminent danger or harm will remain confidential, if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required by a court. 3. The commission will notify the person of when the inspection is to occur as far in advance of the inspection as possible. The person may accompany the inspector on the inspection. The person has a right of entry to, upon, and through the operation, but only in the presence of and under the control, direction, and supervision of the inspector. 4. Within ten days of the inspection, or, if there is no inspection, within fifteen days of receipt of the person's written statement, the commission will send the person the following by certified mail: 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. c. An explanation of the person's right, if any, to informal review of the action or inaction of the commission. 5. The commission will give copies of all materials in subsection 4 within the time limits specified in that subsection to the permittee or operator alleged to be in violation, except that the name of the citizen will be removed unless disclosure is permitted under subsection 2. N.D. Admin Code 69-05.2-28-01
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-27, 38-14.1-28