840.16—Compliance conference.
(a)
The State program may provide for compliance conferences between a permittee and an authorized representative of the regulatory authority as described in paragraphs (b) through (e) of this section.
(b)
A permittee may request an on-site compliance conference with an authorized representative of the regulatory authority to review the compliance status of any condition or practice proposed at any coal exploration or surface coal mining and reclamation operation. Any such conference shall not constitute an inspection within the meaning of section 517 of the Act and § 840.11.
(c)
The State regulatory authority may accept or refuse any request to conduct a compliance conference under paragraph (b).
(d)
The authorized representative at any compliance conference shall review such proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement of the Act, the approved State program, or any applicable permit or exploration approval.
(e)
Neither the holding of a compliance conference under this section nor any opinion given by the authorized representative at such a conference shall affect:
(1)
Any rights or obligations of the regulatory authority or of the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance conference; or
(2)
The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance conference.