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• r ~ _ . p Citizen's Complaint Mr. Robert Hagen Mr. Gary Fritz Page Two On Nov. 16, 1981, OSM inspector Gary Fritz inspected the mine and waste disposal site. He was accompanied by Colorado inspector Dan Mathews. During his inspection, Mr. Fritz observed the coal waste disposal area and in- formed the state inspector that he had determined use of the disposal area was a violation. On Nov. 24, 1981, Mr. Fritz again spoke with the state regulatory authority and again stated his determination that 4JSC's operation of the dis- posal site without a permit was a violation. According to the action taken by OSM to date, there appears to be some confusion as to its authority to issue NOV's on federal lands. Clearly, the Department began the permanent federal lands program in Colorado upon the approval of .the State's program. (44 Fed. Reg. 77445 ff.) Indeed, the U.S. Government has emphatically contended in the federal courts that such a program had replaced the interim federal lands program contained in the 211 regulations: "State programs for all the states which appeared in the dis- ' trict court as amici curiae. have now been approved by ~ _ the Secretary. Thus, the federal lands program is in place in all of those states. ." (Brief for Appellees, Cecil D. Andrus, et al., PLI V. Andrus, on appeal, p. 17) (Note, the State of Colorado was one of the amici curiae.) Furthermore, this permanent federal lands program remains in effect unless or until ~a state obtains a cooperative agreement, and the program contains the permanent performance standards. The .regulations provide very clear instruction that the federal - ~-- inspec,tor shall issue an NOV if he finds a violation during an inspection for the federal lands program (30 CFR 843.12(a)(1). Only if the inspection is not related to the federal lands program, is it permissable (not required, but per- missable!) to allow for remedial action to correct the problem, the waste should i