Page:United States Statutes at Large Volume 91.djvu/532

 9 1 STAT. 4 9 8

PUBLIC LAW 9 5 - 8 7 — A U G. 3, 1977 IXSPKCTIOXS AND MONITORING

30 USC 1267.

Records and reports.

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Right of entry.

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SEC. 517. (a) The Secretary shall cause to be made such mspections of any surface coal mining and reclamation operations as are necessary to evaluate the administration of approved State programs, or to develop or enforce any Federal program, and for such purposes authorized representatives of the Secretary shall have a right of entry to, upon, or through any surface coal mining and reclamation operations. (b) For the purpose of developing or assisting in the development, administration, and enforcement of any approved State or Federal program under this Act or in the administration and enforcement of any permit under this Act, or of determining whether any person is in violation of any requirement of any such State or Federal program or any other requirement of this Act— (1) the regulatory authority shall require-any permittee to (A) establish and uiaintain appropriate records, (B) make monthly reports to the regulatory authority, (C) install, use, and maintain any necessary monitornig equipment or methods, (D) evaluate results in accordance with such uiethods, at such locations, intervals, and in such manner as a regulatory authority shall prescribe, and (E) provide such other information relative to surface coal mining and reclamation operations as the regulatory authority deems reasonable and necessary; (2) for those surface coal mining and reclamation operations which remove or disturb strata that serve as aquifers which significantly insure the hydrologic balance of water use either on or ofi' the mining site, the regulatory authority shall specify those— (A) monitoring sites to record the quantity and quality of surface drainage above and below the minesite as well as in the potential zone of influence; (B) monitoring sites to record level, amount, and samples of ground water and aquifers potentially aft'ected by the mining and also directly below the lowermost (deepest) coal seam to be uiined; (C) records of well logs and borehole data to be maintained; and (D) monitoring sites to record precipitation. The monitoring data collection and analysis required by this section shall be conducted according to standards and procedures set forth by the regulatory authority in order to assure their reliability and validity; and (3) the authorized I'epresentatives of the regulatory authority, without advance notice and upon presentation of appropriate credentials (A) shall have the right of entry to, upon, or through any surface coal mining and reclamation operations or any premises in which any records required to be maintained under paragraph (1) of this subsection are located; and (B) 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. (c) The inspections by the regulatory authority shall (1) occur on an irregular basis averaging not less than one partial inspection per month and one complete inspection per calendar quarter for the surface coal mining and reclamation operation covered by each permit; (2) occur without prior notice to the permittee or his agents or employees except for necessary onsite 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. (d) E a c h permittee shall conspicuously maintain at the entrances to the surface coal mining and reclamation operations a clearly visible

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