§ 86.215. Citizen inspection.
(a) A citizen may request an inspection of a coal mining activity by submitting to the Department a signed, written statement—or an oral report followed by a signed, written statement—giving the Department reason to believe that a violation of the acts or regulations promulgated thereunder exists. This written statement shall include a phone number and address where the citizen can be contacted.
(b) The identity of a person supplying information to the Department relating to a possible violation shall remain confidential, if requested by that person, unless the person elects to accompany the inspector on the inspection, or unless disclosure is otherwise required by law.
(c) When an inspection is conducted as a result of information provided to the Department, the citizen shall be notified as far in advance as practicable when the inspection is to occur and the citizen shall be allowed to accompany the Department inspector during the inspection.
(d) As soon as practicable after an inspection is made under this section, or, if there is no inspection, as soon as practicable after making the decision not to inspect, the Department will send the citizen the following:
(1) If an inspection was made, a description of the enforcement action taken, which may consist of a copy of the inspection report, or an explanation of why no enforcement action was taken.
(2) If no inspection was conducted, an explanation of the citizen’s rights, if any, to review the Department’s action.
(e) The Department will give copies of all materials sent to the citizen under subsection (d) to the person alleged to be in violation, except that the name of the citizen shall be removed unless disclosure of the citizen’s identity is otherwise permitted by this section.
Source The provisions of this § 86.215 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
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