Under the Surface Mining Law a citizen may request an inspection if a violation is suspected. If your request provides a reasonable basis to believe that a violation exists, you also have the right to accompany the mine inspector when he completes the inspection. The procedure for requesting an inspection should begin with filing a request with the state regulatory agency, or in the states of Tennessee and Washington, filing directly with the Office of Surface Mining.
The request may be made in writing or orally, although an oral request must be followed by a written statement. The state regulatory agency must make an inspection if you provide it with a reason to believe that a violation exists. An inspection must be made within 15 days of the citizen request, or if there is reason to believe that an imminent danger to the public or environment exists, an immediate inspection is required. If the state regulatory authority does not conduct an inspection, or if you are dissatisfied with the inspection's thoroughness, you can request an informal review of that decision by the head of the agency. The agency must respond to a citizen's request for review in writing within a reasonable time period (usually no more than 30 days).
In states with an approved state regulatory program, you can file a citizen request with BOTH the state agency and Office of Surface Mining simultaneously. The state agency will bear the primary responsibility for conducting the inspection and for taking any enforcement action. If you make your request directly with the Office of Surface Mining the state regulatory authority will be notified and have 10 days to take action. If at the end of that period the state has not taken action, or not given good cause for their action, a federal inspection will be made.
Following is an electronic form that can be used to file a request for inspection. Sending this completed form will initiate the procedure described above -- the state and Office of Surface Mining will receive a copy and the state will investigate the facts you present on the form. Before sending this request for inspection form you may have questions or want to discuss the potential problem with the state agency responsible for the mine you think is in violation. The sample down-loadable form may be used as a guide to ensure you have collected the necessary information. If you have questions about filing a request for inspection you may also contact a local Office of Surface Mining office.
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