The Bureau of Mining Regulation and Reclamation (BMR&R) issues enforcement actions in accordance with Nevada Revised Statutes (NRS) 445A.675 and 445A.690. The Bureau Chief (PCN 0531) decides whether a situation requires enforcement action.

The enforcement document issued by Bureau is a Finding of Alleged Violation and Order (FOAV). The Finding describes the situation and which statutes, regulations or permit conditions have allegedly been violated. The Order sets forth corrective actions to be undertaken to correct the violations, and a schedule for completion of the actions.

An FOAV is normally prepared by the Compliance Inspector (PCNs 0202 or 0553) assigned to the mine site. The draft FOAV is reviewed by the Regulation Branch Supervisor (PCN 0522) and the Bureau Chief. The final FOAV is effective upon issuance, but an appeal may be filed within 30 days. The enforcement process is tracked using the Enforcement Action Check List (Attachment A).

A Show Cause meeting is normally required in the Order. This meeting provides an opportunity for the defendant to present all of the information regarding the incident in question, including a description of environmental impacts, and corrective actions taken.

Upon completion of the Show Cause meeting, a meeting of the Penalty Panel is scheduled to hear the case. The Penalty Panel meeting is held in accordance with the Division's Civil Penalty Policy (Attachment B). The Panel determines any penalties to be assessed.

The Compliance Inspector sends a letter to the defendant describing the decision of the Penalty Panel, and the amount of the penalties (if any). If the defendant accepts with the amount of the penalties, the letter is signed and returned to the Bureau. The case is then referred to the Attorney General's office for processing and collection.

If the defendant does not accept the amount of the penalty, a counterproposal may be offered. This counterproposal is presented to the Administrator for acceptance or denial. The Administrator's decision is forwarded to the Attorney General's office for action. If the counterproposal is denied, the Attorney General's office will pursue collection of the original penalty.

When confirmation is received of the collection of the penalty, the case is closed and retained in the Bureau's enforcement file.

Attachment A:

J:\WPDATA\MINING\DAVID\FOAVCHK.LST
Attachment B:

NDEP Civil Penalty Policy dated 12/27/90