Page:United States Statutes at Large Volume 91.djvu/533

 PUBLIC LAW 95-87—AUG. 3, 1977

91 STAT. 499

sign which sets forth the name, business address, and phone number of the permittee and the permit number of the surface coal mining and reclamation operations. (e) Each inspector, upon detection of each violation of any require- Violations. ment of any State or Federal program or of this Act, shall forthwith inform the operator in writing, and shall report in writing any such violation to the regulatory authority. (f) Copies of any records, reports, inspection materials, or informa- Information, tion obtained under this title by the regulatory authority shall be availability to made immediately available to the public at central and sufficient loca- public. tions in the county, multicounty, and State area of mining so that they are conveniently available to residents in the areas of mining. (g) No employee of the State regulatory authority performing any Conflict of function or duty under this Act shall have a direct or indirect financial interest. interest in any underground or surface coal mining operation. Who- Penalty. ever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The Secretary shall (1) Publication in within sixty days after enactment of this Act, publish in the Federal Federal Register. Register, in accordance with section 553 of title 5, United States Code, regulations to establish methods by which the provisions of this subsection will be monitored and enforced by the Secretary and such State regulatory authority, including appropriate provisions for the filing by such employees and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection, and (2) report to the Congress as part of the Annual Report to Report (section 706) on actions taken and not taken during the pre- Congress. ceding year under this subsection. (h)(1) Any person who is or may be adversely affected by a sur- Review. face mining operation may notify the Secretary or any representative of the Secretary responsible for conducting the inspection, in writing, of any violation of this Act which he has reason to believ^e exists at the surface mining site. The Secretary shall, by regulation, establish procedures for informal leview of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation. The Secretary shall furnish such persons requesting the review a written statement of the reasons for the Secretary's final disposition of the case. (2) The Secretary shall also, by regulation, establish procedures to insure that adequate and complete inspections are made. Any such person may notify the Secretary of any failure to make such inspections, after which the Secretary shall determine whether adequate and complete inspections have been made. The Secretary shall furnish such persons a written statement of the reasons for the Secretary's determination that adequate and complete inspections have or have not been conducted. PENALTIES

SEC. 518. (a) In the enforcement of a Federal program or Federal lands program, or during Federal enforcement pursuant to section 502 or during Federal enforcement of a State program pursuant to section 521 of this Act, any permittee who violates any permit condition or who violates any other provision of this title, may be assessed a civil penalty by the Secretary, except that if such violation leads to the issuance of a cessation order under section 521, the civil penalty shall be assessed. Such penalty shall not exceed $6,000 for each viola-

30 USC 1268. Ante, p. 468.

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