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OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Library of COALEX Research Reports
COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).
COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.
Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.
COALEX STATE INQUIRY REPORT - 132
November 29, 1989
Myra Spicker, Esquire
Division of Reclamation
309 W. Washington
Suite 201
Indianapolis, Indiana 46204
TOPIC: INSPECTION OF BLAST RECORDS
INQUIRY: An operator monitored a neighboring mine's blasts on its seismograph. The operator's records could "implicate the neighboring mine." Citizens' suits have arisen over the neighboring mine's blasts. The operator's records of its own blasts are available for inspection; do the Division of Reclamation (and the public) have the right to inspect seismographic records which happened to have been taken of the neighboring mine's blasts? According to SMCRA Sec. 517 (b)(1)(E), 30 U.S.C. Sec. 1267 (b)(1)(E), the permittee is required to "provide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary." Locate any case law, opinions, or other state regulations which address this issue.
SEARCH RESULTS: Research was conducted using the COALEX Library and the other state and federal materials available in LEXIS. No relevant opinions were identified among Interior Board of Land Appeals, Administrative Law Judge, state case law or state (Pennsylvania) administrative decisions which address the inspection issue. One federal district court case (Wyoming) with some relevance was identified; a copy is attached. The language of the relevant state regulations is identical to or substantially the same as the language in the federal regulations. A "side-by-side" table of the state and federal regulation identified is attached; samples of some state rule sections are attached.
APPLICABLE FEDERAL STATUTES AND REGULATIONS
SMCRA
- Sec. 517(b)(1)(E), 30 U.S.C. Sec. 1267 (b)(1)(E).
- Sec. 515(b)(15), 30 U.S.C. Sec. 1265(b)(15).
CFR
- 30 CFR Sec. 715.19. Use of explosives (Initial Program Regs.)
- 30 CFR Sec. 816.67 [surface] and 817.67 [underground]. Use of explosives: Control of adverse affects.
- 30 CFR Sec. 816.68 [surface] and 817.68 [underground]. Use of explosives: Record of blasting operations.
- 30 CFR Sec. 840.12. Right of entry.
- 30 CFR Sec. 842.13. Suspension or revocation of permits.
- 30 CFR Sec. 843.19. Injunctive Relief. [The section has been "deleted as superfluous". See 47 FR 35620 (August 16, 1982).]
CASE LAW
V-1 OIL CO. v STATE OF WYOMING, 696 F Supp 578 (D Wyo 1988).
A supervisor for the Wyoming Department of Environmental Quality, Water Quality Division,
investigated the discharge of pollution, from underground storage tanks of the V-1 Oil Station, into the groundwater. A "designated authorized" representative, presented "appropriate credentials" and "inspected without delay". The court ruled that the "inspection complied with the statute." The Wyoming statute does not require "a warrant or a court order before an inspection may be made."
Upon fulfillment of three criteria, a warrantless search of a pervasively regulated business will be deemed reasonable. NEW YORK v BURGER, 107 S.Ct. at 2643-44...First, there must be "a 'substantial' government interest that informs the regulatory scheme pursuant to which the inspection is made". Id. at 2644...Second, "the warrantless inspections must be 'necessary to further [the] regulatory scheme.'" Id. (quoting DONOVAN v DEWEY, 452 U.S. at 600)...Third, "the regulatory statute must perform the two basic functions of a warrant: it must advise the owner of the commercial premises that the search is being made pursuant to the law and has a properly defined scope, and it must limit the discretion of the inspecting officers." NEW YORK v BURGER, 107 S.Ct. at 2644 (citing Marshall, 436 U.S. at 323. The statute in question does both.
STATE REGULATIONS
The following state regulation contains language which may be of particular interest: Alabama Surface Mining Reclamation Commission, Rules and Regulations (11/78). Regulation No. 4.3. Blasting Standards.
"(D) If valid complaints from a surrounding blast area are received and persist, the Director may require the blaster to decrease the maximum peak particle velocity of ground motion, at the nearest dwelling, public building, school, church, commercial or institutional building to as low as one (1) inch per second. Seismographic monitoring may be required at the site of the complaint nearest the blasts."
A table of state regulations and statutes (identified using COALEX) and the federal regulations and statutes to which they correspond follows. [NOTE: This table is not purported to be a complete list of matching federal/state materials.]
TABLE OF STATE REGULATIONS AND STATUTES
[Asterisked sections are included as attachments.]
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
ALABAMA |
30 CFR 715.19: |
*Rules of Alabama Surface Mining Reclamation Commission (Reprinted 11/78). Reg. No. 4. Section 4.3 Blasting Standards. |
30 CFR 715.19: |
*Rules of Alabama Surface Mining Reclamation Commission (1983). Reg. Sec. 880-X-3A-.05 Modification to Interim Program: Use of explosives. |
|
30 CFR 816.67: |
Rules of Alabama Surface Mining Reclamation Commission (1983). Reg. Sec. 880-X-10C-.34 Use of explosives; Control of adverse effects. |
|
30 CFR 817.67: |
Reg. Sec. 880-X-10D-.31 Use of explosives; Control of adverse effects. |
|
30 CFR 816.68: |
Reg. Sec. 880-X-10C-.35 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 880-X-10D-.32 Use of explosives: Records of blasting operations. |
|
30 CFR 842.12: |
*Reg. Sec. 880-X-11B-.03 (1982). Requests for inspections. |
|
30 CFR 842.13: |
Reg. Sec. 880-X-11B-.04 (1982). Inspections; Right of entry. |
|
30 CFR 843.19: |
Reg. Sec. 880-X-11C-.09 (1982). Enforcement; Injunctive Relief. |
|
SMCRA SEC. 517: |
Alabama Surface Mining Control and Reclamation Act of 12/31/81; Act No. 81-435 (1982). Sec. 24 Inspections. |
|
SMCRA SEC. 521: |
Alabama Surface Mining Control and Reclamation Act of 12/31/81; Act No. 81-435 (1982). Sec. 25 Enforcement. |
|
SMCRA SEC. 521: |
Ala. Code Sec. 9-16-92 (1983). Inspections; Authority to inspect records, equipment, premises. |
|
SMCRA SEC. 521: |
Ala. Code Sec. 9-16-93 (1983). Violations; Inspection by authority; Cessation of operations. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
ALASKA |
SMCRA SEC. 515(b)(15) |
Reg. Sec. 11 Alaska Administrative Code (AAC) 90.381 (1983). Seismographic measurements. |
SMCRA SEC. 515(b)(15) |
11 AAC 90.383 (1983). Records of blasting. |
|
SMCRA SEC. 517 |
Alaska Surface Coal Mining Control and Reclamation Act (1982). Sec. 41.45.230. Inspection and monitoring. |
|
SMCRA SEC. 517 |
Statute Sec. 41.45.240. Injunctive relief; Enforcement. |
|
30 CFR 840.12: |
11 AAC 90.603 (1982). Right of entry. |
|
30 CFR 840.14: |
11 AAC 90.605 (1982). Investigative records. |
|
30 CFR 840.14: |
8 AAC 61.020 (1982). Inspections. |
|
30 CFR 840.14: |
8 AAC 61.030 (1982). Objections to inspections. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
ARKANSAS |
SMCRA SEC. 515(b) |
Arkansas Surface Coal Mining and Reclamation Code (1984). Reg. Sec. 816.65 Use of explosives; Surface blasting requirements. |
SMCRA SEC. 515(b) |
Reg. Sec. 816.67 Use of explosives; Seismographic measurements. |
|
SMCRA SEC. 515(b) |
Reg. Sec. 816.68 Use of explosives; Records of blasting operations. |
|
30 CFR 842.13: |
Reg. Sec. 842.13 (1980). Right of entry. |
|
30 CFR 843.19: |
Reg. Sec. 843.19 Injunctive relief. |
|
SMCRA SEC. 517: |
Arkansas Surface Coal Mining and Reclamation Act of 12/31/79, as amended by Act 647 of 12/31/79. Sec. 16. Inspections. |
|
SMCRA SEC. 518: |
Statute Sec. 25 (1980). Civil enforcement - Injunctions. |
|
30 CFR 842.13: |
Reg. Sec. 842.13 (1980). Right of entry. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
COLORADO |
30 CFR 816.67, 817.67: |
*Rules and Regulations of the Colorado Mined Land Reclamation Board pursuant to the Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq. (1982). Reg. Sec. 4.08.5 Use of explosives: Records of blasting for surface coal mining operations. |
30 CFR 816.68, 817.68: |
*Reg. Sec. 4.08.6 Use of explosives; Seismographic measurements. |
|
SMCRA SEC. 517: |
Colorado Surface Coal Mining Reclamation Act; 34-33-101 et seq. (rev. 1983). Sec. 34-33-122. Inspections and monitoring. |
|
30 CFR 840.12: |
Reg. Sec. 5.02.3 (1982). Right of entry. |
|
30 CFR 843.19: |
Reg. Sec. 5.04.7 (1982). Injunctive relief. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
ILLINOIS |
30 CFR 816.67: |
*Ill. Admin. Code title 62, Sec. 1816.67 (1986). Use of explosives; Control of adverse effects. |
30 CFR 817.67: |
Reg. Sec. 1817.67 Use of explosives; Control of adverse effects. |
|
30 CFR 816.68: |
*Reg. Sec. 1816.68 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 1817.68 Use of explosives; Control of adverse effects. |
|
SMCRA SEC. 517: |
Surface Coal Mining Land Conservation and Reclamation Act (6/1/80). Sec. 8.01 Inspection. |
|
SMCRA SEC. 517: |
Statute Sec. 8.08 (1980). Judicial relief. |
|
30 CFR 840.12: |
Reg. Sec. 1840.12 (1986). Right of entry. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
INDIANA |
SMCRA SEC. 517: |
*Ind. Code Ann. Sec. 13-4.1-11-1 (Burns 1981). Maintenance of information and records; Monthly reports; Access to and inspection of records, equipment, etc. |
SMCRA SEC. 521: |
Statute Sec. 13-4.1-11-10 (Burns 1981). Civil actions for relief; Institution by attorney general. |
|
30 CFR 816.65: |
*Ind. Admin. Code (IAC) title 310, Reg. Sec. 12-5-36 (1986). Use of explosives; Surface blasting requirements. |
|
30 CFR 816.67: |
*Reg. Sec. 310 IAC 12-5-37 (1981). Use of explosives; Seismographic measurements. |
|
30 CFR 817.67: |
Reg. Sec. 310 IAC 12-5-102 (1981). Use of explosives; Seismographic measurements. |
|
30 CFR 816.68: |
*Reg. Sec. 310 IAC 12-5-38 (1984). Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 310 IAC 12-5-103 (1984). Use of explosives; Record of blasting operations. |
|
30 CFR 843.19: |
Reg. Sec. 310 IAC 12-6-10 (1982). State enforcement; Injunctive relief. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
IOWA |
30 CFR 816.68: |
Iowa Admin. Code Reg. Sec. 4.522(33) (1980). Use of explosives; Records of blasting operations. |
30 CFR 817.68: |
Reg. Sec. 4.523(31) Use of explosives; Records of blasting operations. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
KENTUCKY |
30 CFR 816.65: |
405 Ky. Admin. Regs. (KAR) 16:120 (1984). Sec. 4 Use of explosives; Surface blasting requirements. |
30 CFR 817.65: |
405 KAR 18:120 (1984). Sec. 3 Use of explosives; Surface blasting requirements. |
|
30 CFR 816.67: |
405 KAR 16:120 (1984). Sec. 5 Use of explosives; Seismographic measurements. |
|
30 CFR 817.67: |
405 KAR 18:120 (1984). Sec. 4 Use of explosives; Seismographic measurements. |
|
30 CFR 816.68: |
405 KAR 16:120E (1981). Sec. 6 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
405 KAR 18:120E (1981). Sec. 5 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
805 KAR 4:050 (1980). Sec. 1 Division of explosives and blasting; Records. |
|
30 CFR 817.68: |
805 KAR 4:085 (1980). Sec. 2 Dealer registration; Record requirements. |
|
30 CFR 840.12: |
*405 KAR 12:010 (1985). Sec. 3 Timing and conduct of inspections. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
LOUISIANA |
30 CFR 816.67: |
Louisiana Surface Mining Regulations Statewide Order 29-0-1 (1980). Sec. 216.67 Use of explosives; Seismographic measurements. |
30 CFR 816.68: |
Reg. Sec. 216.68 Use of explosives; Records of blasting operations. |
|
30 CFR 842.13: |
Reg. Sec. 242.13 (1980). Right of entry. |
|
30 CFR 843.19: |
Reg. Sec. 243.19 (1980). Injunctive relief. |
|
SMCRA SEC. 517: |
La. Rev. Stat. Ann. Sec. 917 (1980). Inspections and monitoring. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
MARYLAND |
SMCRA SEC. 515 |
Md. Regs. Code title 08, Sec. 08.13.09.25 (1985). Explosives. |
SMCRA SEC. 517: |
Reg. Sec. 08.13.09.40 (1894). Inspection and enforcement. |
|
SMCRA SEC. 517: |
Reg. Sec. 08.13.07.08 (1980). Blasting restriction. |
|
SMCRA SEC. 517: |
Reg. Sec. 08.13.04.16 (1980). Operation and reclamation of bituminous coal strip mines; Explosives. |
|
SMCRA SEC. 517: |
*Md. Ann. Code art. 40A, Sec. 7-104 (1980). Maryland public Ethics Law; Enforcement; Retention of papers and documents by persons subject to article. |
|
SMCRA SEC. 517: |
*Sec. 7-507 (1986). Natural Resources; Monthly report; inspections and enforcement generally; cease and desist orders. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
MISSISSIPPI |
30 CFR 816.67: |
Mississippi Surface Coal Mining and Reclamation Regulations (1979). Sec. 216.67 Use of explosives; Seismographic measurements. |
30 CFR 817.67: |
Reg. Sec. 217.67 Use of explosives; Seismographic measurements. |
|
30 CFR 816.68: |
Reg. Sec. 216.68 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 217.68 Use of explosives: Records of blasting operations. |
|
30 CFR 843.19: |
Reg. Sec. 243.19 (1980). Enforcement; Injunctive relief. |
|
30 CFR 840.12: |
Reg. Sec. 240.12 (1980). Inspection and enforcement; Right of entry. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
MISSOURI |
30 CFR 816.67, 816.68: |
Mo. Code Regs. (CSR) title 10, Sec. 40-3.050 (1987). Requirements for the use of explosives. |
30 CFR 817.67, 817.68: |
10 CSR 40-3.210 (1987). Requirements for the use of explosives for underground operations. |
|
30 CFR 817.67, 817.68: |
10 CSR 40-2.080 (1980). Use of explosives. |
|
SMCRA SEC. 521 |
10 CSR 40-8.030 (1987). Inspection and enforcement. |
|
SMCRA SEC. 517: |
Mo. Rev. Stat. Sec. 444.865 (1980). Records and reports required - Entry and inspection authorized. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
MONTANA |
30 CFR 816.65: |
Montana's Strip and Underground Mine Reclamation Rules and Regulations (1984). Reg. Sec. 26.4.624 Use of explosives and hydrology; Surface blasting requirements. |
30 CFR 816.67: |
Reg. Sec. 26.4.625 Use of explosives and hydrology; Seismographic measurements. |
|
30 CFR 816.68: |
Reg. Sec. 26.4.626 Use of explosives and hydrology; Records of blasting operations. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
NORTH DAKOTA |
30 CFR 816.67: |
North Dakota Rules Governing the Reclamation of Surface-Mined Land (Revised 1983). Reg. Sec. 69-05.2-17-06 Use of explosives; Seismographic measurements. |
30 CFR 816.68: |
Reg. Sec. 69-05.2-17-07 Use of explosives; Records of blasting operations. |
|
SMCRA SEC. 517: |
N.D. Cent. Code Sec 38-14.1-27 (1980). Reclamation of surface-mined lands; Inspection and monitoring. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
NEW MEXICO |
30 CFR 816.67, 817.67: |
Proposed Coal Surface Mining Regulations (3/80). Sec. 20-67 Use of explosives; Seismographic measurements. |
30 CFR 816.68, 817.68: |
Reg. Sec. 20-68 Use of explosives; Records of blasting operations. |
|
30 CFR 840.12: |
State of New Mexico Surface Mining Regulations (1987). Sec. 29-11 Inspections. |
|
30 CFR 842.12: |
Surface Mining Regulations (as amended by CMSC Rule 80-1, 1982) Sec. 29-12 Citizens request for inspection. |
|
SMCRA SEC. 517: |
1979 N.M. Laws Sec. 21. Inspection and monitoring. |
|
SMCRA SEC. 521: |
Sec. 25 Enforcement. |
|
SMCRA SEC. 521: |
N.M. Stat. Ann. Sec. 74-2-13 (1978). Air pollution; Inspection. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
OHIO |
30 CFR 816.67,817.67,816.68,817.68: |
Ohio Admin. Code Sec. 1501:13-9-06 (1986). Use of explosives. |
30 CFR 843.13: |
Reg. Sec. 1501:13-14-02 (1988). Enforcement. |
|
30 CFR 840: |
Reg. Sec. 1501:13-14-01 (1986). Inspections. |
|
30 CFR 840: |
1984 Ohio Laws Sec. 1513.09. Inspections, monitoring. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
OKLAHOMA |
30 CFR 816.67: |
Oklahoma Permanent Regulatory Program Regulations; Surface Coal Mining and Reclamation Operations (1982). Reg. Sec. 816.67 Use of explosives; Seismographic measurements. |
30 CFR 817.67: |
Reg. Sec. 817.67 Use of explosives; Seismographic measurements. |
|
30 CFR 816.68: |
Reg. Sec. 816.68 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 817.68 Use of explosives; Records of blasting operations. |
|
30 CFR 842.13: |
Reg. Sec. 842.13 (1983). Inspections; Right of entry. |
|
30 CFR 842.13: |
Reg. Sec. 842.17 (1983). State inspections; Availability of records. |
|
30 CFR 843.19: |
Reg. Sec. 843.19 (1983). State enforcement; Injunctive relief. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
PENNSYLVANIA |
SMCRA SEC. 515: |
Surface Mining Conservation and Reclamation Act of 5/31/45 (P.L. 1198, No. 418), as amended by the Act of 10/10/80 (No. 155). Sec. 4.2 General rule making; Health and safety. |
30 CFR 816.67: |
25 Pa. Code Sec. 87.127 (1982). Use of explosives; Surface blasting requirements. |
|
30 CFR 816.68: |
Reg. Sec. 87.129 Use of explosives; Records of blasting operations. |
|
30 CFR Part 820: |
Reg. Sec. 88.135 (1984). Anthracite Coal Mines; Blasting: Surface blasting requirements. |
|
30 CFR Part 820: |
Reg. Sec. 88.137 (1984). Anthracite Coal Mines; Blasting: Records of blasting operations. |
|
30 CFR PART 820: |
Act 97; The Solid Waste Management Act 12/31/80. Art. VI, Sec. 609 Search warrants. |
|
30 CFR PART 820: |
*Act 97; The Solid Waste Management Act 12/31/80. Sec. 609 Enforcement and remedies; Search warrants. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
TEXAS |
30 CFR 816.67: |
State Program Submission to OSMRE; Prepared by the Railroad Commission of Texas, Surface Mining and Reclamation Division (1979, as amended). Reg. Sec. 051.07.04.361 Use of explosives; Seismographic measurements. |
30 CFR 817.67: |
Reg. Sec. 051.07.04.529 Use of explosives; Seismographic measurements. |
|
30 CFR 816.68: |
Reg. Sec. 051.07.04.362 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 051.07.04.530 Use of explosives; Records of blasting operations. |
|
30 CFR 840.12: |
Reg. Sec. 051.07.04.671 Inspection and enforcement procedures. |
|
30 CFR 843.19: |
Reg. Sec. 051.07.04.687 Injunctive relief. |
|
SMCRA SEC. 517: |
Texas Surface Coal Mining and Reclamation Act; Texan Legislative Service; H.B. 1424 (1979). Sec. 29 Inspection and monitoring. |
|
SMCRA SEC. 521: |
H.B. 1424 (1979). Sec. 32 Enforcement. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
UTAH |
30 CFR 817.67: |
Coal Mining and Reclamation Permanent Program; Final Rules of the Utah Board and Division of Oil, Gas and Mining (1980). Reg. Sec. UMC 817.67 Use of explosives; Seismographic measurements. |
30 CFR 817.68: |
Reg. Sec. UMC 817.68 Use of explosives; Records of blasting operations. |
|
30 CFR 840.12: |
Reg. Sec. UMC 840.12 Inspection and enforcement; Right of entry. |
|
30 CFR 842.13: |
Reg. Sec. UMC 842.13 State inspections; Right of entry. |
|
30 CFR 843.19: |
Reg. Sec. UMC 843.19 State enforcement; Injunctive relief. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
VIRGINIA |
30 CFR 816.67: |
Virginia Department of Mines, Minerals and Energy; Division of Mined Land Reclamation; Coal Surface Mining Reclamation Regulations; Program Amendments (1985). Reg. Sec. 480-03-19.816.67 Use of explosives; Control of adverse effects. |
30 CFR 817.67: |
Reg. Sec. 480-03-19.817.67 Use of explosives; Control of adverse effects. |
|
30 CFR 816.68: |
Reg. Sec. 480-03-19.816.68 Use of explosives; Records of blasting operations. |
|
30 CFR 817.68: |
Reg. Sec. 480.03-19.817.68 Use of explosives; Records of blasting operations. |
|
30 CFR 840.12: |
Reg. Sec. 480-03-19.840.12 Inspection and enforcement - general; Right of entry. |
|
SMCRA SEC. 517: |
Virginia Coal Surface Mining Control and Reclamation Act of 12/31/79, as amended by H.B. 818 (1984). Sec. 45.1-244 Inspections and monitoring. |
|
SMCRA SEC. 521: |
Statute Sec. 45.1-245 Enforcement of chapter-generally. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
WEST VIRGINIA |
W. Va. Code Sec. 22A-4-11 (1985). Blasting restriction; Formula; Filing preplan; Penalties; Notice. |
|
*W. Va. Surface Mining and Reclamation Plan Requirements and Bonding; Chap. 20-6; Series VII (1983). Reg. Sec. 4C.04 Blast record. |
||
Reg. Sec. 4C.05 (1983). Blasting procedures. |
||
Reg. Sec. 12B.07 (1983). Citizen's request for state inspections; Public record. |
||
SMCRA SEC. 517: |
Surface Coal Mining and Reclamation Act (1980), as superseded by 30 CFR 948.13 (49 FR 1489, Jan 12, 1984). Sec. 20-6-15 Inspections; Monitoring; Right of entry; Inspection of records. |
|
SMCRA SEC. 517: |
W. Va. Code Sec. 22A-3-17 (1985). Notice of violation; Procedure and actions; Enforcement; Permit revocation and bond forfeiture; Civil and criminal penalties; Appeals to the board; Injunctive relief. |
STATE |
FEDERAL SECTION |
STATE SECTION |
|---|---|---|
WYOMING |
30 CFR 816.67: |
Department of Environmental Quality; Land Quality Division; Rules and Regulations (1985). Chap. VI, Sec. 4 Blasting standards. |
30 CFR 816.68: |
Chap. VI, Sec. 5 Records of blasting operations. |
ATTACHMENTS
- V-1 OIL CO. v STATE OF WYOMING, 696 F Supp 578 (D Wyo 1988).
- Rules of ALABAMA Surface Mining Reclamation Commission (Reprinted 11/78). Reg. No. 4. Section 4.3 Blasting Standards.
- Rules of ALABAMA Surface Mining Reclamation Commission (1983). Reg. Sec. 880-X-3A-.05 Modification to Interim Program; Use of explosives.
- Rules of ALABAMA Surface Mining Reclamation Commission (1982). Reg. Sec. 880-X-11B-.03 Requests for inspections.
- Rules and Regulations of the COLORADO Mined Land Reclamation Board pursuant to the Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq. (1982). Reg. Sec. 4.08.5 Use of explosives; Records of blasting for surface coal mining operations.
- Rules and Regulations of the COLORADO Mined Land Reclamation Board pursuant to the Colorado Surface Coal Mining Reclamation Act, 34-33-101 et seq. (1984). Reg. Sec. 4.08.6 Use of explosives; Seismographic measurements.
- ILLINOIS Admin. Code title 62, Sec. 1816.67 (1986). Use of explosives; Control of adverse effects.
- ILLINOIS Admin. Code title 62, Sec. 1816.68 (1986). Use of explosives; Records of blasting operations.
- INDIANA Code Ann. Sec. 13-4.1-11-1 (Burns 1981). Maintenance of information and records; Monthly reports; Access to and inspection of records, equipment, etc.
- INDIANA Admin. Code (IAC) title 310, Reg. Sec. 12-5-36 (1986). Use of explosives; Surface blasting requirements.
- INDIANA Admin. Code title 310, Reg. Sec. 12-5-37 (1981). Use of explosives; Seismographic measurements.
- INDIANA Admin. Code title 310, Reg. Sec. 12-5-38 (1984). Use of explosives; Records of blasting operations.
- 405 KENTUCKY Admin. Regs. 12:010 (1985). Sec. 3 Timing and conduct of inspections.
- MARYLAND Ann. Code art. 40A, Sec. 7-104 (1980). Maryland public Ethics Law; Enforcement; Retention of papers and documents by persons subject to article.
- MARYLAND Ann. Code, as amended by Delegates Bill No. 540, Sec. 7-507 (1986). Natural Resources; Monthly report; inspections and enforcement generally; cease and desist orders.
- OHIO Admin. Code Sec. 1501:13-14-02 (1988). Enforcement.
- ACT 97; The Solid Waste Management Act 12/31/80. Sec. 609 Enforcement and remedies; Search warrants.
- WEST VIRGINIA Surface Mining and Reclamation Plan Requirements and Bonding; Chap. 20-6; Series VII (1983). Reg. Sec. 4C.04 Blast record.
Research conducted by: Joyce Zweben Scall