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Complete Inspection and Enforcement Handbook

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Complete Inspection and Enforcement Handbook Department of Commerce, Labor and Environmental Resources Division of Environmental Protection INSPECTION AND ENFORCEMENT POLICY AND PROCEDURE HANDBOOK August 1,1993 Office of Mining and Reclamation INSPECTION AND ENFORCEMENT HANDBOOK TABLE OF CONTENTS Section 1 Introduction and Applicability 1-17 Section 2 Administration 1-19 Section 3 Permit Application Requirements 1-35 Section 4 Haulageways and Access Roads 1-6 Section 5 Drainage and Sediment Control 1-16 Section 6 Blasting 1-19 Section 7 Post Mining Land Use 0 Section 8 Fish and Wildlife Considerations 0 Section 9 Revegetation 1-5 Section 10 Prime Farmlands 0 Section 11 Insurance and Bonding 1-1 Section 12 Replacement, Release and Forfeiture of Bonds 1-21 Section 13 Prospecting 1-4 Section 14 Performance Standards All Operations 1-32 Section 15 Performance Standards Underground Operations 1-3 Section 16 Subsidence Control 1-14 Section 17 Small Operator Assistance Program (SOAP) 0 Section 18 Citizen Actions 1-4 Section 19 Designation of Areas Unsuitable 0 Section 20 Inspection and Enforcement 1-29 Section 21 Reclamation Board of Review 0 Section 22 Coal Refuse 0 Section 23 NPDES/Water Monitoring 1-12 Section 24 Quarries 1-5 Section 25 Coal Ash 1-14 * Supplemental Information 1-43 *Page Numbering of this section ended on page 43. SECTION 1 INTRODUCTION AND APPLICABILITY INTRODUCTION This Handbook contains many references to forms required and/or used by the Division of Environmental Protection (DEP), Office of Mining and Reclamation. Forms are designated by a two or three initial prefix, followed by a one or two digit number. Because the prefix designates the agency that developed and uses the form, and the agency that administers and enforces the mine reclamation requirements has undergone several name changes in recent years, many forms still retain letter prefixes designate former agency names. Letter prefixes include: DR: MR; OMR: DEP~ and DMM. These may be read interchangeably, however, the form numbers remain unchanged. State of West Virginia DEPARTMENT OF COMMERCE, LABOR AND ENVIRONMENTAL RESOURCES DIVISION OF ENVIRONMENTAL PROTECTION 1615 Washington Street. East Charleston. West Virginia 25311 Telephone: 348-3500 Gaston Caperton M E M 0 R A N D U M David C. Callaghan Governor Director TO: All Division of Environmenta Protection Perso~~ FROM: David c. Callagha~ DATE: March 30, 1992 SUBJECT: Policy and Procedure There has occurred a number of instances where the need for issue resolution has resulted in ad hoc development of policy memoranda without the benefit of administrative review. It is recognized that the intent was to undertake a self-motivated initiative to resolve a problem or issue; however, this approach has often resulted in inconsistency in program management and controversy. In the interest of sound management practices, I believe it is appropriate that the following policy-making procedure be implemented effective immediately. Where the development of policies, procedures, guidelines, directives, interpretation regulations or other guidance becomes necessary, you are directed to first discuss the matter with your immediate supervisor. The initial objective should be to seek resolution of the issue through a careful review of the statute, the regulations, or existing policy or procedures. If these documents do not provide the desired guidance, the supervisor may wish to engage in further discussions to seek an informal resolution without the need for written policy. Where it is generally agreed that written guidance is necessary to insure consistency and to reduce conflict, a draft policy should be developed. This draft, along with supporting documentation which establishes the need, should be forwarded to the appropriate unit administrator. These are as designated in the attached table. No such document may be made effective without the approval of this office, and this office will be the sole issuing authority. Roger Hall will coordinate policy development for this office. DCC;RTH:cc 2 WV Division of Environmental Protection Introductlou Office of Mining and Reclamation Pg. No: 1 of 17 Inspection and Enforcement Effective: 3/92 ENFORCEMENT MANAGEMENT PLAN 1. Purpose: This handbook establishes official policy and procedure for the Enforcement Management Plan. Goals of the department are outlined, and standards are established in order to assure that appropriate compliance is maintained with program requirements, and mandates by the O.S.M. and West Virginia Division of Environmental Protection. MANAGEMENT TOOLS IN PLACE AND PENDING Data Processing is a primary tool that tracks and quantifies performance by field personnel with regard to Inspection Frequency, Issuance of N.O.V.'s and C.O.'s, timely abatement inspections and problem identification. A detailed example of how these functions will operate is incorporated into the EMP and is as follows. 1.0 The Inspection and Enforcement staff fills out a report for every activity, and these reports will be entered into the SMIS I & E system by regional I & E clerical staff. Inspections, Violations, Cessation Orders, Citizen Complaints and their Inspections, and Follow-Up Inspection will all be entered immediately after they are turned in by the field personnel. By comparing the individual activity report for an inspector to the assignment list for an inspector, a supervisor can determine the performance level for that inspector. If the inspection rate is inadequate (too many permits not inspected on schedule) the supervisor should investigate the inspector's work load to determine if work­ level overload or geographical separation is responsible. If a pattern of avoidance of certain permits, types of permits, etc., emerges, appropriate management action must be taken. 2.0 Inspection Form Details There are two main inspection reports: the MR-6 mine inspection report and the MR-6A refuse/impoundment inspection report to be used when a mine site includes any kind of refuse/impoundment facility. By submitting requests for inspection summary reports by region or state-wide, a supervisor or manager can obtain various listings of inspection activity. Summaries of inspections by inspector, permit, permittee or operator will also be available for management decision­ making guidance. -3- If variations in the rate of inspections conducted are found in activity reports, the appropriate supervisor must determine the cause of the variance. If managerial action is called for, (i.e. the assignment list includes a number of widely separated or unusually large and complex mine sites) then proceed as appropriate. If the variance appears to be a result of poor or indifferent performance, a meeting with the field staff to help them conform to professional standards should be held. If there is no positive change in performance then more severe disciplinary measures may be called for. An estimate of acreages disturbed and reclaimed is paired with information about permitted and bonded acreages from the permit files, to show how activity at the mine site compares to that expected under the conditions required by the permit. Phased bond releases, facility types for the site, previous inspections, time required to perform the field activity, comments and delivery information are all included in order to allow for a complete picture of the activity represented by the report. 2.2 Refuse/Impoundment Inspection Tracking - MR-6A The MR-6A form allows the field inspector to detail refuse/impoundment quality for specific standards, as well as enter comments if other problems not detailed in the performance standards occur. Both an evaluation of a specific standard and the violation number (if an evaluation other than full compliance is entered) can be entered on the form and then keyed into the SMIS data bases. A copy of the newly designed Refuse/Impoundment Inspection Report (MR-6A) is attached. The attachment includes printed copies of the screens used to control the information gathered from the reports. 2.3 Management Reporting Facility Management reports will be generated both automatically after the closing date for a month's activity and on command by management users using an on-line report submission facility. The report generator facility will allow user requirements to be entered such as date span, the region, or other selection criteria, so that a manager can generate a specific list of either detailed or summary inspection data. Inspection summary reports will contain information about every inspection performed and logged for either a region, the state-wide agency as a whole, or an individual inspector. These reports can be produced for a month, a quarter, a year, or for a specifically entered date-span. These reports will contain totals of inspections conducted, totals of violations generated as a result of these inspections, and so forth. Inspection detail reports will list more detailed information about a given group of inspections. All inspections of a given mine­ site, all inspections conducted by a given inspector or group of inspectors, or all inspections over a given time frame are the sorts of selection criteria which are planned. Specific information gathered by field inspections will be available both on-line and in these reports. -4- 3.0 Violation Forms Detail There are three types of violations issued to operating mines by the I&E field inspectors: Notices of Violation, Imminent Ha~ Cessation Orders, and Failure to Abate Cessation Orders. 3.1 Notice of Violation - MR-15 An MR-15 fo~ is used when a field inspector issues a Notice of Violation to a mining operation. The form allows the inspector to specify the permittee and operator being cited, additional owners and controllers as determined at the mine site, the specific location and type of mine being cited as well as the specific code or regulation violated and the specific nature of the violation. In addition the remedial measures being required, the time and date of the completion of the required remediation, and information on the service of the citation are all included on both the fo~ and within the SMIS database.
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