Sample Citizen Complaint to Alabama Surface Mining Commission
(Your Name)
(Your Address)
(Your Telephone Number)
(Your e-mail address)
(Date)
Johnathan Hall, Director
Alabama Surface Mining Commission
P.O. Box 2390 | Jasper, AL 35502-2390
[email protected]
Sherry Wilson, Director
Birmingham Field Office
Office of Surface Mining Reclamation and Enforcement
135 Gemini Circle, Suite 215 | Homewood, AL 35209
[email protected]
Re: Citizen’s Complaint on ___[Mine Name]___, ASMC Permit Number P__[#]___
Dear Directors,
In accordance with Sections 517(h) and 521(a) of the Surface Mining Control and Reclamation Act of 1977, I hereby request that you conduct an inspection without prior notice to the operator of ___[Mine Name]___, ASMC Permit Number P__[#]__. Operated by ___[Mining Company]___, this coal mine is located in _______ County. I am requesting this inspection be conducted immediately due to this mine’s potential for imminent harm to the public and the environment.
I am requesting this inspection because of the conditions or practices described below which I believe have resulted in violations of the following requirements of the law:
[Briefly describe the conditions at the mine site that you believe are resulting in violations of the law. Cite the appropriate provisions of the state and/or federal law if you know them. Be sure to request that the inspection be conducted immediately if any condition at the mine site is causing an imminent danger to the health and safety of the public, or a significant, imminent harm to the environment. If such a condition exists, the inspector is required to close that portion of the mine causing the imminent harm even if no violation of the law is found.]
I further request that the inspector issue a notice of violation [or cessation order, if appropriate] to the operator and that the notice require the operator to take appropriate remedial action including: [Briefly state what action you believe may be necessary to abate the violation and avoid the harm to people and the environment.]
By this letter I am notifying both the State agency and OSM of this complaint. Should the State fail to issue a notice of violation to the operator within 10 days, I request that OSM conduct an inspection and take appropriate enforcement action as described above.
I hereby waive my right to confidentiality and request the right to accompany the inspector on the inspection of the mine site. You can reach me at the address and telephone number listed above. [Alternatively, you may ask that the state and federal agencies maintain your confidentiality. If asked, they are required to do so.]
In accordance with 30 CFR § 842.12(d), I request that the ASMC report the results of any inspection within 10 days of the inspection. If the ASMC chooses not to inspect, I request that the ASMC explain the reasons for that decision within 15 days from the date this letter is received.
Sincerely,
(Your Name)
