(a) The Commission shall conduct an average of at least one partial inspection per month of each surface coal mining and reclamation operation under its jurisdiction. A "partial inspection" is an onsite review of a person's compliance with some of the permit conditions and requirements imposed under the state program. The inspector shall collect evidence of any violation of those conditions or requirements observed.
(b) The Commission shall conduct an average of at least one complete inspection per calendar quarter of each surface coal mining and reclamation operation under its jurisdiction. A "complete inspection" is an onsite review of a person's compliance with all permit conditions and requirements imposed under the state program, within the entire area disturbed or affected by surface coal mining and reclamation operations. This includes collection of evidence with respect to every violation of those conditions or requirements.
(c) The Commission shall conduct periodic inspections of all coal exploration operations required to comply in whole or in part with the Act and this chapter (relating to Coal Mining Regulations). Such inspections shall include the collection of evidence with respect to every violation of any condition of the exploration approval or any requirement of the Act or this chapter (relating to Coal Mining Regulations).
(d) The inspections required under subsections (a), (b) and (c) of this section shall:
  (1) be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;
  (2) occur without prior notice to the person being inspected or any agent or employee of such person, except for necessary on-site meetings; and
  (3) include the prompt filing of inspection reports adequate to enforce the requirements of and to carry out the terms and purposes of the Act, this chapter (relating to Coal Mining Regulations), the exploration approval and the permit.
(e) An authorized representative of the Commission shall:
  (1) immediately conduct an inspection to enforce any requirement of the Act or this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval imposed under the Act and this chapter (relating to Coal Mining Regulations), when the authorized representative has reason to believe, on the basis of information available to him or her (other than information resulting from a previous inspection), that there exists a violation of the Act, this chapter (relating to Coal Mining Regulations), or any condition of a permit or an exploration approval, or that there exists any condition, practice or violation which creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause a significant, imminent environmental harm to land, air or water resources and the person supplying the information provides adequate proof that an imminent danger to the public health and safety or a significant, imminent environmental harm to land, air or water resources exists; and
  (2) have reason to believe that a violation, condition or practice exists if the facts alleged by the informant would, if true, constitute a condition, practice or violation referred to in subsection (e)(1) of this section.

Source Note: The provisions of this §12.670 adopted to be effective April 7, 1997, 22 TexReg 3093.