ENFORCE21661

• Permit No: C1981013
• IBM Index Class Name: Enforcement
• Doc Name: WRIGHT WATER ENGINEERS EXHIBIT A-U
• Violation No.: CV2000009
• Media Type: D
• Archive: No

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- ~ Interior Dec. 286 INTDEC
l~yA 96-90
(Cite as: 151 Interior Dec. 286, 2000 WL 1740340 (D.O.I.))
Department of the Interior (D.O.I.)
**1 JIM & ANN TATUM
Decided January 5, 2000
*286 Appeals from two decisions of the Regional Director, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and Enforcement,
affirming decisions of the Denver and Albuquerque Field Offices, determining
that the State regulatory authority had taken appropriate action in response to
a Ten-Day Notice issued in response to a citizen's complaint. No. CC-93-020-
008.
Decision in IBLA 96-90 affirmed as modified; decision in IBLA 96-91 vacated and
case remanded.
1. Surface Mining Control and Reclamation Act of 1977: Citizen's Complaints:
Generally--Surface Mining Control and Reclamation Act of 1977: Enforcement
Procedures: Generally--Surface Mining Control and Reclamation Act of 1977:
Inspections: 10-Day Notice to State
ion review of action taken by the state regulatory authority in response to a
10-day notice, OSM is obligated to conduct an inspection unless the state takes
appropriate action to cause the violation to be corrected or shows good cause
for failure to do so. "Good cause for failure to act" includes a finding that
the alleged violation does not exist and OSM's standard on review of such a
finding is whether the state regulatory authority's action or response to the
10-day notice is arbitrary, capricious, or an abuse of discretion under the
state program.
2. Surface Mining Control and Reclamation Act of 1977: Enforcement Procedures:
Generally--Surface Mining Control and Reclamation Act of 1977: Inspections: 10-
Day Notice to State
Assuming actions by a surface coal mining operation result in the diminution
of a person's water supply, the operator is responsible for replacement of that
water supply, in accordance with section 720(a)(2) of the Surface Mining Control
and *287 Reclamation Act of 1977, 30 U.S.C. § 1309a(a)(2) (1994), only if that
water supply constitutes a "drinking, domestic, or residential water supply."
3. Surface Mining Control and Reclamation Act of 1977: Citizen's Complaints:
Generally--Surface Mining Control and Reclamation Act of 1977: State Program:
10-Day Notice to State--Surface Mining Control and Reclamation Act of 1977:
Subsidence: Generally
:hen the record on appeal establishes that the state regulatory authority's
Copr. m west 2001 No Claim to Orig. U.S. Govt. Works