Section 77.352. Inspection authorization

(a) The Department and its agents and employes will:

(1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation.

(2) Enter a building, property, premises or place where noncoal mining activities are conducted for the purpose of making an investigation or inspection as may be necessary to ascertain the compliance or noncompliance by a person with the environmental acts and the act and regulations thereunder.

(b) The Department, its employes and agents intend to conduct inspections of the noncoal mines twice a year. The provisions of this subsection are subject to the availability of personnel and financial resources. This subsection does not create a duty by the Department to conduct a minimum number of inspections per year at a facility, create a right in a person or municipality to a minimum number of inspections per year by the Department at a facility or sets a maximum number of inspections.

(c) The Department, its employes and agents may conduct additional inspections, including follow-up inspections, of noncoal mines and activities related to public health, safety, welfare or the environment; compliance with the act, the environmental acts, this title, the terms or conditions of a permit; or a requirement of an order.

(d) The Department, its employes and agents may also conduct inspections of noncoal mines and activities whenever a person or municipality presents information to the Department which gives the Department reason to believe that a person or municipality:

(1) Is in violation of a requirement of the act, this chapter or a permit issued thereunder.

(2) May have violated an environmental protection act listed in section 7(c)(9) of the act (52 P. S. § § 3307(c)(9)) or a condition of a permit or a regulation issued under those acts.

The provisions of this § 77.352 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.