§ 38-14.1-27 — Inspections and monitoring

North Dakota § 38-14.1-27

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

1. For the purpose of developing or assisting in the development, administration, and
enforcement of this chapter and of regulations promulgated by the commission in
accordance with this chapter or in the administration and enforcement of any permit
under this chapter, or of determining whether any operator or permittee is in violation
of any requirement of this chapter or the regulations promulgated by the commission in
accordance with this chapter:
a. The commission shall require any permittee to:
(1) Establish and maintain appropriate records.
(2) Submit monthly, semiannual, annual, and other reports, including
information as the commission may require.
(3) Install, use, and maintain any necessary monitoring equipment or methods.
(4) Evaluate results in accordance with such methods, at such locations,
intervals, or in such manner as the commission shall prescribe.
(5) Provide such other information relative to surface coal mining and
reclamation operations as the commission deems reasonable and
necessary.
b. For those surface coal mining and reclamation operations which remove or
disturb strata that serve as aquifers which significantly ensure the hydrologic
balance of water use either on or off the mining site, the commission, in
consultation with other appropriate state agencies, shall specify those:
(1) 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.

(2) Monitoring sites to record level, amount, and samples of ground water and
aquifers potentially affected by the mining and also directly below the
lowermost (deepest) coal or commercial leonardite seam to be mined.
(3) Records of well logs and borehole data to be maintained.
(4) Monitoring sites to record precipitation.
The monitoring data collection and analysis required by this section must be
conducted according to standards and procedures set forth by the commission in
consultation with other appropriate state agencies in order to assure their
reliability and validity.
c. An annual map must be submitted by the operator to the commission for each
year of the permit term and until the total bond amount has been released. The
map must be in a form prescribed by the commission showing the status of
surface coal mining and reclamation operations that have occurred during the
year being reported, with a legend showing the number of acres [hectares]
affected by such operations.
d. The authorized representatives of the commission, without advance notice,
without a warrant, and upon presentation of appropriate credentials:
(1) 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 this subsection are located; and
(2) 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 chapter.
2. The commission shall cause to be made such inspections of any surface coal mining
and reclamation operation as are necessary to ensure compliance with this chapter
and any regulations promulgated pursuant thereto. However, the inspections by the
commission shall:
a. 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.
b. Occur without prior notice to the permittee or the permittee's agents or employees
except for necessary onsite meetings with the permittee.
c. Include the filing of inspection reports adequate to enforce the requirements of
and to carry out the terms and purposes of this chapter.
d. Occur without a warrant.
3. Each permittee shall conspicuously maintain at the entrances to surface coal mining
and reclamation operations a clearly visible sign which sets forth the name, business
address, and telephone number of the permittee and the permit number of the surface
coal mining and reclamation operation.
4. Each inspector, upon detection of each violation of any requirement of this chapter or
the regulations promulgated by the commission, shall inform the operator or permittee
in writing, and shall report in writing any such violations to the commission.
5. Copies of any material records, reports, inspection materials, or information required
under this section by the commission must be filed in the office of the county auditor of
the county in which the surface coal mining operations occur.