Oklahoma § 45-766 - Right of entry - Inspections - Signs - Violations - Public

§ 45-766. Right of entry - Inspections - Signs - Violations - Public

inspection of records, etc.

A. The representatives of the Department may enter upon the

lands of the operator at all times deemed reasonable and necessary

by the Department without advance notice and upon presentation of

appropriate credentials for the purpose of inspection, to determine

whether the provisions of this act have been complied with, and may

at reasonable times, and without delay, have access to and copy any

records, inspect any monitoring equipment or method of operation

required under this act.

B. The inspections by the Department shall:

Oklahoma Statutes - Title 45. Mines and Mining

1. Occur on an irregular basis averaging at least one partial

inspection per month for each active surface coal mining and

reclamation operation covered by permit. Partial inspections on

each inactive surface coal mining and reclamation operation covered

by permit shall be conducted as necessary to ensure the effective

enforcement of this act. At least one complete inspection shall be

conducted per calendar quarter on each active and inactive surface

coal mining and reclamation operation covered by permit.

For the purpose of this section, an inactive surface coal mining

and reclamation operation is defined as those operations which have

obtained at least a sixty percent (60%) bond release pursuant to

paragraph 1 of subsection A of Section 772 of this title. All other

surface coal mining operations shall be considered as active;

2. Occur without prior notice to the permittee or his agents or

employees except for necessary on-site meetings with the permittee;

and

3. Include the filing of inspection reports adequate to enforce

the requirements of and to carry out the terms and purposes of this

act.

C. Each permittee shall maintain in a conspicuous place at the

entrances to the surface coal mining and reclamation operations

clearly visible signs which set forth the name, business address and

phone number of the permittee and the permit number of the surface

coal mining and reclamation operations.

D. Each inspector, upon detection of each violation of any

requirement of this act, shall immediately inform the operator in

writing of the violation, and shall report in writing any such

violation to the Department.

E. Copies of any records, reports, inspection materials or

information obtained under this act by the Department shall be made

immediately available for inspection by the public at central and

sufficient locations designated by the Department in the county,

multicounty and state area of mining so that they are conveniently

available to residents in the areas of mining, excepting such

information required to be kept confidential by this act.

Amended by Laws 1984, c. 248, § 5, emerg. eff. May 29, 1984.