SECTION 460:20-57-7. Availability of records

(a)   Copies of all records, reports, inspection materials, or information obtained by the Department under of the Act, these Regulations, or Sections 460:20-57-3 shall be made immediately available to the public in the area of mining until at least five years after expiration of the period during which the subject operation is active or covered by any portion of a reclamation bond so that they are conveniently available to residents of that area; except:

(1)   As otherwise provided by Federal law; and

(2)   For information not required to be made available under Sections 460:20-13-8, 460:20-15-5(d), and (d) of this Section by either;

(b)   The Department shall ensure compliance with (a) of this Section by either:

(1)   Making copies of all such records, reports, inspection materials, and other information available for public inspection at a Federal, State, or local government office in the county where the mining is occurring or is proposed to occur; or

(2)   At the Department's option and expense, providing copies of such information promptly by mail at the request of any resident of the area where the mining is occurring or is proposed to occur, provided that the Department shall maintain for public inspection at a Federal, State, or local government office in the county where the mining is occurring or is proposed to occur a description of the information available for mailing and the procedure for obtaining such information.

(c)   The Department shall make available to the Director of the Office of Surface Mining, upon request, copies of all documents relating to applications for an approvals for existing, new or revised coal exploration approvals or surface coal mining and reclamation operations, permits, and all documents relating to inspection and enforcement actions.

(d)   In order to protect preparation for hearing and enforcement proceedings, the Director of the Office of Surface Mining and the Department may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.