Laserfiche WebLink
state program, on a mine-by-mine basis, when the state fails to <br />do so. See SMCRA § 521(a)(1) and (3), 30 U.S.C. § 1271(a)(1) and <br />(3). Such primacy was granted to the State of Colorado on <br />December 15, 1980. See 30 C.F.R. § 906.10. <br />OSM can become aware of a violation in a primacy state <br />either by discovering it during a random Federal inspection of a <br />mine in that state or by being informed by a member of the public <br />that a possible violation exists at a mine in that state. See <br />SMCRA § 521(a)(1), 30 U.S.C. § 1271(a)(1), and 30 C.F.R. <br />§ 842.12. When OSM receives information from an individual <br />concerning a possible violation in a primacy State, the <br />information is commonly referred to as a "citizen's complaint." <br />The instant case stems from a citizen's complaint sent to OSM-AFO <br />by the Appellant on November 30, 1993. <br />Before OSM takes enforcement action in response to a <br />citizen's complaint, two conditions must be met. The first and <br />threshold condition is that the information in the citizen's <br />complaint, as well as any other information available to OSM, <br />must cause the Director of OSM, or his or her authorized <br />representative, to "reasonably believe" that a violation of the <br />state program has taken place. Id. <br />If the threshold condition is met, then a second condition <br />must also be met: OSM must inform the state in question of the <br />16 <br />