How to request a state or federal inspection of a coal m

	How to request a state or federal inspection of a coal mine

Under the Surface Mining Law a citizen may request an inspection if a violation is suspected. If your request provides a reasonable basis to believe that a violation exists, you also have the right to accompany the mine inspector when he completes the inspection. The procedure for requesting an inspection should begin with filing a request with the state regulatory agency, or in the states of Tennessee and Washington, filing directly with the Office of Surface Mining.

The request may be made in writing or orally, although an oral request must be followed by a written statement. The state regulatory agency must make an inspection if you provide it with a reason to believe that a violation exists. An inspection must be made within 15 days of the citizen request, or if there is reason to believe that an imminent danger to the public or environment exists, an immediate inspection is required. If the state regulatory authority does not conduct an inspection, or if you are dissatisfied with the inspection's thoroughness, you can request an informal review of that decision by the head of the agency. The agency must respond to a citizen's request for review in writing within a reasonable time period (usually no more than 30 days).

In states with an approved state regulatory program, you can file a citizen request with BOTH the state agency and Office of Surface Mining simultaneously. The state agency will bear the primary responsibility for conducting the inspection and for taking any enforcement action. If you make your request directly with the Office of Surface Mining the state regulatory authority will be notified and have 10 days to take action. If at the end of that period the state has not taken action, or not given good cause for their action, a federal inspection will be made.

Following is an electronic form that can be used to file a request for inspection. Sending this completed form will initiate the procedure described above -- the state and Office of Surface Mining will receive a copy and the state will investigate the facts you present on the form. Before sending this request for inspection form you may have questions or want to discuss the potential problem with the state agency responsible for the mine you think is in violation. The sample down-loadable form may be used as a guide to ensure you have collected the necessary information. If you have questions about filing a request for inspection you may also contact a local Office of Surface Mining office.

Privacy Policy

Electronic Citizen request for inspection OMB Control #1029-0118, expiration date 6/30/2008

Name: What is your name?

E-Mail Address: What is your electronic mail address?

Mailing address: What is your complete U.S. Postal address?

Street
City:
State:
Zip code:
County:

Telephone number:Your telephone number?

Coal mine operator's name: What is the company that has the permit to mine?

Mine name:What is the name of the specific coal mine?

State or tribal lands where coal mine is located: (e.g., Alabama, Navajo Reservation)

Permit number: (If known)

Nature and extent of the problem:

Violation of the law, regulations or permit conditions
Imminent danger to public health or safety
Significant, imminent environmental harm

Type of problem:

Polluted water
Sudden loss of water
Blasting or explosives problems
Unstable backfills or grading
Subsidence of land over an underground mine
Multiple problems
Other type complaint (Described below)

Please describe conditions at the site which you believe are in violations of the law:

Would you like to receive a confirmation e-mail message when your request for an inspection is received and read?

Yes (Click here if you want an e-mail confirmation when we read your request)
No, I would like to follow the traditional procedure and receive written confirmation of my request in the mail

Bottom of Form

PAPERWORK REDUCTION STATEMENT The Paperwork Reduction Act of 1995 (44 U.S.C. 3501) requires us to inform you that: Federal Agencies may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. This information is being collected to allow citizens to request an inspection if you believe a violation at a mine site exists. The obligation to respond is required to obtain a benefit. Confidentiality is required under 30 CFR 842.12(b) and (e) and 30 CFR 721.13 (a)(2) and (c)(4) to protect the identity of people supplying information to OSM, if they request it. Your name will remain confidential by OSM unless you accompany the inspector on an inspection, or unless disclosure is required under the Freedom of Information Act (FOIA) or other Federal law. Any information you submit to OSM may be subject to disclosure. However, the information will be treated in accordance with the requirements of the FOIA (5 U.S.C. 552, as amended) and the Privacy Act of 1974 (5 U.S.C. 552a). Public reporting burden for this form is estimated to average 10 hours, 15 minutes per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement, Room 202 SIB, 1951 Constitution Ave, NW, Washington, D.C. 20240.
OMB 1029-0118, expires 6/30/2008

Last Updated: 02/15/2005 08:53:54

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Office of Surface Mining
1951 Constitution Ave. N.W.
Washington, D.C. 20240