§ 48-20-130 — Inspections; notice of deficiencies.

Upon receipt of the operator's annual report or report of completion of reclamation and at any other reasonable time the department may elect, the department shall inspect the permit area to determine if the operator has complied with the reclamation plan, the requirements of this chapter, regulations promulgated by its authority, and the terms and conditions of his permit. Accredited representatives of the department at all reasonable times may enter upon the land subject to the certificate of exploration or operating permit for the purpose of making the inspection. The operator shall proceed with reclamation as scheduled in the approved reclamation plan. Following its inspection, the department shall give written notice to the operator of any deficiencies noted. The operator shall commence action within thirty days to rectify these deficiencies and proceed diligently until they have been corrected. The department may extend performance periods referred to in this section and in Section 48-20-90 for delays clearly beyond the operator's control but only in cases where the department finds that the operator is making every reasonable effort to comply. In the absence of corrective action by the operator to rectify deficiencies where previous written notice has been given, the department may issue a notice of uncorrected deficiencies or violations. Upon completion of reclamation of an area of affected land, the operator shall notify the department. The department shall make an inspection of the area and, if it finds that reclamation has been properly completed, it shall notify the operator in writing and release him from further obligations regarding the affected land. At the same time, it shall release all of the appropriate portion of a performance bond or other security which he has posted under Section 48-20-110. If at any time the department finds that reclamation of the permit area is not proceeding in accordance with the reclamation plan and that the operator has failed within thirty days, or any extension of that date after receiving a notice of uncorrected deficiencies to commence corrective action, or if the department finds that reclamation has not been completed properly in conformance with the reclamation plan within two years, or longer if authorized by the department, after termination of mining on any segment of the permit area, the operator shall show cause why it has not complied, and, upon just cause given, an extension of time to comply must be granted. If just cause is not demonstrated, the department shall initiate forfeiture proceedings against the bonds or other security filed by the operator under Section 48-20-170. The failure constitutes grounds for suspension or revocation of the operator's permit as provided in Section 48-20-160.

Legislative History

HISTORY: 1990 Act No. 454, SECTION 20.