27-447; Version 2
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27-447. Inspection and enforcement (L10, Ch. 244, sec. 14. Eff. 10/1/11) A. The state mine inspector may enter and inspect any aggregate mining operation to determine compliance with an approved community notice. B. If the inspector determines that a person is violating this article, an approved community notice or aggregate mining operations zoning district standards regulation adopted by a county and approved by the state mining inspector pursuant to section 11-812, the inspector may issue an order requiring compliance either immediately if the violation is causing an imminent and substantial danger to the public or within a stated period of time. A compliance order must state with reasonable specificity the nature of the community notice violation, a reasonable amount of time for compliance, if applicable, and the right to a hearing. The inspector shall transmit the compliance order to the alleged violator either by certified mail, return receipt requested, or by hand delivery. At the inspector's request, the attorney general may file an action to enforce orders issued under this section after the order becomes final. The action must be filed in the superior court in the county in which the alleged violation occurred or in which the inspector maintains an office. C. The inspector may suspend, withdraw or revoke a community notice approval if the inspector determines that the aggregate mining operation is in violation of an approved community notice. Any action taken under this subsection must comply with the requirements of title 41, chapter 6, article 10 and section 41-1009, subsection E. D. If the inspector has reason to believe that a person is violating this article or an approved community notice or aggregate mining operations zoning district standards regulation adopted by a county and approved by the inspector pursuant to section 11-812 or that a person is causing an imminent and substantial danger to the public safety, the inspector, through the attorney general, may request a temporary restraining order, a preliminary injunction or any other relief necessary to protect the public safety without regard to whether the person has requested a hearing. An action filed pursuant to this subsection must be brought in the superior court in the county in which the alleged violation occurred or in which the inspector maintains an office. |