§ 27-446 — Claims of deviation from an approved community notice

A. After a community notice is approved by the state mine inspector, a residential property owner who resides within one-half mile of the boundaries of the aggregate mining operation may submit a written complaint to the designated community representative that the operation has materially deviated from the approved community notice, specifying the community notice provision that is in question and the nature of the material deviation.

B. If the aggregate mining operation does not address the complaint to the satisfaction of the residential property owner within thirty days after receiving the complaint, the notified residential property owner may file the same complaint with the inspector with a statement that the aggregate mining operation has not addressed the complaint to the property owner's satisfaction.

C. In counties that have established an aggregate mining operations recommendation committee pursuant to section 11-812, the inspector shall request the committee to hear the complaint. The committee shall advise the inspector within thirty days in writing of its findings and recommendations regarding the complaint. The inspector shall render a decision on the complaint within thirty days after receiving the committee's recommendation. The inspector shall notify, in writing, the owner or operator of the aggregate mining operation, the complainant and the committee of the decision.