(A) The director shall arrange for inspection of a surface mining operation within six months of receipt of the annual operations report required by this chapter in order to determine whether the surface mining operation is in compliance with the provisions of this chapter and State regulations. In no event shall less than one inspection be conducted in any calendar year. The director may cause such inspections to be conducted by a State-registered geologist, State-registered civil engineer, State-licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months.
(B) All inspections shall be conducted using the form provided by the State.
(C) The operator shall be solely responsible for the reasonable cost of the inspection.
(D) The director shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted. The notice shall contain a statement regarding the surface mining operation's compliance with the SMARA, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operation, if any, are inconsistent with that statute. If the operator has a review of its reclamation plan, financial assurances, or an interim management plan pending before the State Department of Conservation or the commission, the notice shall so indicate. The director shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester.
(Ord. No. 2579)