§ 53-7-53. Records, reports and equipment to be maintained by permittees
The Permit Board shall require each permittee to: Establish and maintain appropriate records; Make reports, the frequency and nature of which shall be prescribed by the commission; and Install, use and maintain any necessary monitoring equipment for the purpose of observing and determining relevant surface or subsurface effects of the mining operation or reclamation program.
§ 53-7-55. Inspection by department; inspection reports; procedure on detection of violation
Authorized representatives of the department, on presentation of appropriate credentials, may enter and inspect any operation or any premises in which records required to be maintained under Section 53-7-53 are located and may at reasonable times, and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation […]
§ 53-7-57. Inspection by representatives of local soil and water conservation districts; recommendations of progress of reclamation activities
Any representative of the local soil and water conservation district, upon presentation of appropriate credentials may enter and inspect the operation for the purpose of making recommendations regarding reclamation activities. The representative shall make any recommendations on the progress of reclamation activities in writing to the Permit Board.
§ 53-7-59. Violations; penalties; appeals; commission authorized to pursue civil action for relief; limitation on liability
Any person who violates, or fails or refuses to comply with this chapter, any rule or regulation or written order of the commission adopted or issued under this chapter or any condition of a permit or coverage under a general permit issued under this chapter may be subject to a civil penalty to be assessed […]
§ 53-7-61. Criminal penalties for false statement, representation or certification; willful violations
Any person who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this chapter is guilty of a misdemeanor and upon conviction, may be subject to a fine of not […]
§ 53-7-63. Request for formal hearing by aggrieved party; authority to subpoena witnesses, administer oaths, examine witnesses and conduct hearing
Unless otherwise expressly provided in this chapter, any interested party aggrieved by any action of the Permit Board taken under this chapter may request a formal hearing before the Permit Board as provided in Section 49-17-29. Any person aggrieved by any action of the commission taken under this chapter may request a formal hearing before […]
§ 53-7-65. Report or complaint alleging violation; investigation; hearing; order; notice; proof of service; appeal
When an employee of the department files a report alleging a violation or when any person files a complaint with the commission alleging that any other person is in violation of this chapter, any rule and regulation issued under this chapter, or any condition of a permit issued under this chapter, the commission shall notify […]
§ 53-7-67. Release of bond; contents of application; inspection and evaluation of reclamation work; schedule for release; procedure on disapproval of release
Upon completion of the operation in the permit area, the operator may file an application with the Permit Board for the release of the performance bond or deposit. The application for performance bond release shall require a description of the results achieved in accordance with the operator’s reclamation plan, which includes revegetation and end result […]
§ 53-7-69. Surface Mining and Reclamation Fund
There is created in the State Treasury a fund to be designated as the “Surface Mining and Reclamation Fund,” referred to hereinafter as the “fund.” There is created in the fund an account designated as the “Land Reclamation Account” and an account designated as the “Surface Mining Program Operations Account.” The fund shall be treated […]
§ 53-7-71. Reclamation work; utilizing services of governmental agencies and private contractors; competitive bidding; right of access
In the reclamation of land affected by surface mining for which it has funds available, the commission may avail itself of any services which may be provided by other state agencies, political subdivisions or the federal government, and may compensate them for the services. The commission may cause the reclamation work to be done through […]