Sec. 1. (a) To aid in the enforcement of this article, the director shall require each permittee to establish and maintain the information and records required by the commission by rule.

     (b) Each permittee shall do the following:

(1) Perform the following administrative duties:

(A) Establish and maintain appropriate records.

(B) Make monthly reports to the director.

(C) Install, use, and maintain any necessary monitoring equipment or methods.

(D) Evaluate results in accordance with:

(i) the methods;

(ii) the locations;

(iii) the intervals; and

(iv) the manner;

that the director prescribes.

(E) Provide other information relative to surface coal mining and reclamation operations that the department considers reasonable and necessary.

(F) Without delay allow the director or the director’s authorized representative to:

(i) have access to or copy any records; and

(ii) inspect any monitoring equipment or method of operation;

required under this article.

(2) Conspicuously maintain at the entrance to the surface coal mining and reclamation operation a clearly visible sign that sets forth the name, business address, phone number, and permit number of the operation.

(3) Allow the director or the director’s authorized representative to enter, upon presentation of credentials and without advance notice, the permittee’s surface coal mining and reclamation operation. The director or the director’s authorized representative has the following:

(A) The right of entry to, upon, or through any surface coal mining and reclamation operation or any premises in which any records required to be maintained under subdivision (1) are located.

(B) At reasonable times and without delay:

(i) access to and authority to copy any records; and

(ii) authority to inspect any monitoring equipment or method of operation;

required under this article.

[Pre-1995 Recodification Citation: 13-4.1-11-1.]

As added by P.L.1-1995, SEC.27.