Environment (GEN) — Title 15. Mines and Mining

The total number of acres for which new or amended permits have been issued;

The total number of acres which have been stripped;

The total number of acres which have been planted; and

The total number of acres for which the Bureau has released the revegetation bond.

There is a Land Reclamation Committee. It consists of the following 13 members:

Committee members representing the community or local government shall receive the per diem set by the Secretary for each day they meet with the Committee or are called on by the chairman to transact other business of the Committee. Funds for the per diem allowances shall be provided for in the budget of the Department.

The Committee shall meet at the chairman’s request and at least twice a year. A quorum consists of at least 9 members. No action may be approved by the Committee unless a quorum is present and a majority of those present approves the action.

Members of the Land Reclamation Committee shall file a United States Department of the Interior State Employee Statement of Employment and Financial Interests.

Committee members shall recuse themselves from proceedings that may affect their direct or indirect financial interests.

Study and recommend surface coal mine reclamation policies, practices, and standards;

From time to time, review the surface coal mining laws, regulations, and policies for the purpose of recommending changes to improve the efficiency and effectiveness of the program;

Review proposed changes to the surface coal mining laws and regulations to provide comments to the General Assembly and the Department;

Review the Department’s administration of the surface coal mining regulatory program and the abandoned coal mine reclamation program to determine compliance with the purpose of the subtitles;

Enter on any surface coal mining operation to determine mining and reclamation conditions; and

Recommend research, demonstration, and cost-sharing projects to promote optimum revegetation of surface coal mined lands.

Before any person conducts surface coal mining and reclamation operations, the person shall obtain the Committee’s approval of the reclamation plan for the site.

Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law.

The Committee shall publish a public notice that it has received a proposed reclamation plan from the applicant.

If a hearing is requested, the Committee shall hold a public informational hearing on the proposed reclamation plan. The Committee shall notify the applicant and any person who requests a hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation.

Any public informational hearing shall be at least 15 but not more than 60 days after the Committee provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the proposed reclamation plan, in writing, until the date of any hearing.

The Committee shall approve or reject the proposed reclamation plan. If a public informational hearing is requested, the Committee shall approve or reject the proposed reclamation plan after the hearing. If the proposed reclamation plan is rejected, the applicant shall be notified in writing of the reason for rejection or the Committee’s suggested modifications. The applicant may resubmit the plan with corrections or the Committee’s suggested modifications. If the changes are made, the Committee may approve the reclamation plan.

The Committee shall notify the applicant, the Department, and any participants to a hearing, of its decision.

The examining authority shall give the examination;

The applicant shall pay the examining authority a $1 examination fee for each examination taken;

At the discretion of the examining authority, the examination may be oral or written. If the examination is oral, it shall be reduced to writing and filed among the examining authority’s records;

The examination shall include practical mining questions relating to ventilation and the methods of detecting noxious and explosive gas in a mine;

The applicant shall demonstrate to the examining authority that he is qualified to supervise the operation of a small mine;

If the applicant fails the examination, he may request another examination after 60 days from the unsuccessful examination and the examining authority shall conduct another examination as soon as practicable; and

The examining authority shall issue a “permit of competence” if the applicant is found qualified. No applicant may be required to display the theoretical knowledge required for the holder of a first–class certificate. He shall be qualified in the practicable aspects of conditions relating to the safety of the employees of this type mine.

The Director determines that the certification requirements of that state are substantially equivalent to the corresponding Maryland requirements; and

The other state provides reciprocal recognition of certificates issued by the Bureau.

An individual who holds a mine foreman certificate, fire-boss certificate, or other certification issued by an agency of another state that has entered into an agreement under subsection (a) of this section may apply to the Bureau for reciprocal certification.

An applicant for reciprocal certification shall submit to the Bureau:

Shall review an application submitted under subsection (b) of this section;

In accordance with the agreement entered into under subsection (a) of this section, may require that the applicant satisfy any additional requirements that the Bureau establishes for reciprocal certification; and

If the applicant qualifies for reciprocal certification, may require the applicant to pay a fee to the State comparable to the fee for a certificate issued under other provisions of this subtitle.

A mine foreman certificate or fire-boss certificate issued under this subtitle; or

Any other certification recognized under this subtitle.

Any change occurs in the name of the operator of a mine, an executive official concerned with its operation, or in the designation of the mine;

A mine has been abandoned or work discontinued;

Work has commenced for the purpose of opening a new mine. The notice shall include sketch maps outlining the plans intended to be pursued in the opening;

The working of a mine is resumed after an abandonment or discontinuance for a period exceeding two months; or

A squeeze, crush, or fire occurs, or a dangerous body of water, explosive, or noxious gas is found.

Visit each working place each day while the employees are at work, to see that it is properly timbered, drained, secured, and reasonably safe and that a sufficient supply of timber and other facilities is on hand ready for use;

See that any loose coal or other dangerous material is taken down or secured, especially upon traveling ways and airways, standing water is drained from passageways and working places, explosive and noxious gases and dangerous accumulations of dust are removed, and rock dusting is properly done so that in general the ventilation, stoppings, doors, timbering, drainage, equipment, electrical installations, traveling and airways, trackage, and other mine works and ways are in good working order and reasonably safe condition;

Instruct every employee in safety measures, including the placing of timber to prevent falls and other accidents and the safeguarding of moving parts of machinery which may injure persons passing nearby so that at all times, as required by this subtitle, every person and property is protected against any mining risk;

Promptly attend to the removal of any dangerous conditions coming to his knowledge and, in case it is not feasible, immediately to remove the danger and order every person whose safety is menaced to leave and remain away from the vicinity of the danger until notified that it has been removed;

Post danger signals of uniform type across the entrance to any mine, portion of the mine, or other conspicuous point in case of danger, and see that the signals are kept there until the danger has been removed; and

Report immediately to the operator of the mine if the ventilation or other machinery fails to discharge its functions adequately, or upon discovery of accumulations of gas, water, or any other unusually dangerous condition.

Any danger or dangerous condition observed or reported, and what steps have been taken to remedy the condition;

If there is a proper supply of material on hand for the safe working of the mine;

If the requirements of this subtitle are complied with; and

If the mine is gassy, a report of all air measurements within the mine as elsewhere required to be taken.

Any person who uses pozzolan for landfill shall do so in a manner which complies with sound engineering practices.

Any person who uses pozzolan for landfill, structural building, soil improvement, agriculture, soil conditioning, or land reclamation shall minimize dust and wind erosion and shall comply with all silt control regulations and permit requirements of the Department.

“Open–pit mining”, “strip mining”, and “surface coal mining” are terms used interchangeably in this subtitle to mean the mining or recovery of bituminous coal by removing the strata or material which overlies or is above the coal deposit or seam in its natural condition, or any other recovery of coal by methods other than deep–mining, and land affected by such activities.

These terms include methods such as contour, strip, auger, mountain top removal, box cut, open–pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site.

“Open–pit mining”, “strip mining”, or “surface coal mining” do not include the incidental extraction of coal at a level that does not exceed within any calendar year 16 2/3 percent of the total cumulative production of coal and other minerals removed from a mining area for purposes of bona fide sale or reasonable commercial use.

Any license held under this section may be suspended by the Department if: (i) due to persistent or repeated failure to comply with the requirements under this subtitle, permit revocation procedures under § 15–508(c) of this subtitle have been brought for any operation owned or controlled by the licensee; and (ii) continued operation by the licensee at any other location is determined by the Department to be a contributing factor in the failure to comply. For purposes of this paragraph, continued operation by the licensee at any other location shall include operation by the licensee directly, or operation by any corporation, limited liability company, partnership, or association of which the licensee is an officer, director, or principal owner, and which involves use of equipment or resources employed on the permit area in violation under this paragraph.

The Department also may suspend the license of any corporation, limited liability company, partnership, or association that is found to be a contributing factor in the persistent or repeated failure to comply with the requirements under this subtitle, which failure caused the Department to bring permit revocation procedures under § 15–508(c) of this subtitle.

Subject to paragraph (2) of this subsection, the Department may not issue, extend or renew any permit to mine coal by the open–pit or strip method on any land the State owns whether or not the ownership includes mineral rights incident to the land, except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that an abandoned mine on State land will be reclaimed in conjunction with the proposed mining or except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that the mining could occur in conjunction with public construction activities that will disturb the vegetation and topsoil of State land. If the Department’s failure to issue, extend or renew a permit involves taking a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution and the General Assembly has not appropriated sufficient funds to pay the compensation, the State may use available funds under Program Open Space to purchase or otherwise pay for the property rights.

Subject to valid existing rights, as that term is used in the federal Surface Mining Control and Reclamation Act of 1977, the Department may not issue, extend or renew any permit:

A copy of the applicant’s advertisement to be published, following approval by the Department, in a newspaper of general circulation in the county of the proposed mining site which includes the ownership of the land to be affected, a description of the location and boundaries of the proposed site sufficient so that the proposed operation is easily locatable by local residents, the location of where the application is available for public inspection, and notice that written comments and requests for a public hearing will be received by the Department for at least 30 days after the last newspaper publication;

A U.S. Geological Survey quadrangle sheet, 7 1/2 minute series enlarged to a scale satisfactory to the Department showing the location of the land affected by the contemplated operation. The map shall be prepared and certified by a registered engineer or registered surveyor approved by the Department. It shall show the boundaries of the area of land which will be affected, the drainage area above and below the area, the location and names of all streams, roads, railroads, buildings, and utility lines on or immediately adjacent to the area, the name of the owner of the area, the boundaries and names of the owners of all surface areas abutting the permit area, and the nearest municipality;

The results of test borings which the operator has conducted at the site of the proposed operation. The application shall include data such as the nature and depth of the overburden, the thickness of the coal seam, a complete analysis of the coal seam and soil samples, the crop line and strike and dip of the coal seam, and the location of the test boring holes;

A determination of the probable hydrologic consequences of the mining and reclamation operations upon surface and ground waters both on and off the permit area. Information pertaining to the coal seam, test borings, core samples and soil samples shall be available to the public except that information as to the chemical and physical properties of the coal seam other than its potential toxicity shall be confidential;

A certificate stating that the applicant has a liability insurance policy for the operation for which the permit is sought in such amount as the Department determines to be necessary to compensate any person injured or damaged by the operation;

A permit fee of $10; and

A detailed mining and reclamation plan showing at a minimum, the method for construction of all haul roads, the method for removing and stockpiling topsoil material, the method of mining, a plan for blasting, a plan for control of drainage from the site, a plan for and method of backfilling and regrading, and a plan for revegetation of the area affected.

Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law.

The Department shall provide written notice of applications for permits or permit revisions to any interested person who requests written notice.

If a public informational hearing is requested, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation. The Department shall hold a public informational hearing on the application. A record of the hearing shall be made and shall be available to the public.

Any public informational hearing shall be at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of any hearing and copies of the application shall be available for public inspection at the Department 15 days before any hearing.

The Department shall review all aspects of the application, including information pertaining to any other permit required from the Department for the proposed strip mining operation in a timely manner.

The Department shall immediately notify the operator, local governments, and any participants to a public informational hearing of the decision by the Department. Within 30 days of notification, any person adversely affected by the decision may request an adjudicatory hearing. The Department shall hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article within 30 days of the request and render a decision within 30 days thereafter.

Any applicant, or any person with an interest which is or may be adversely affected, who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the Department, or if the Department fails to act within the time limits specified in this subtitle, shall have the right to judicial review in accordance with § 10–222 of the State Government Article.

On a form furnished by the Department, the written consent of the landowner and any owner of a legal or equitable interest in the land surface for the applicant to enter on any land to be affected by the operator conducting open–pit coal mining and reclamation operations; or

A conveyance that expressly grants or reserves to the applicant the right to extract coal by open–pit mining methods.

If the requirements of this subtitle are met and no claim is outstanding under this subtitle against the operator, or any officer or director of a corporation, a permit shall be issued. Any additional permit is subject to each requirement for the original permit.

However, the Bureau may not issue a strip mining permit on slopes of 20 degrees or more from the horizontal. Slope measurements shall be made every 200 feet along the contour of the original premining natural slope beginning with the proposed initial point of mining and including the proposed terminal point of mining. If any 200–foot section has a slope of 20 degrees or more a strip mining permit may not be issued for that 200–foot section, except that a permit may be issued in the case of land eligible for remining when in the opinion of the Land Reclamation Committee the land could be restored to its original contour.

Be incompatible with existing State or local land use plans or programs;

Affect fragile or historic lands in which such operations could result in significant damage of important historic, cultural, scientific, and esthetic values and natural systems;

Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long–range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas; or

Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

In this section the following words have the meanings indicated.

“Open-acre” means the disturbed area, excluding any area which has not been cleared and grubbed and any area which has been satisfactorily backfilled, regraded, topsoiled, seeded, and mulched (or reclaimed to an alternate post-mining land use) in accordance with an approved reclamation plan, and which will not be redisturbed.

“Open-acre limit” means the number of acres approved to be bonded as open-acres and for which a bond is posted before the issuance of a permit.

After receiving notification from the Department that the permit application has been approved, but before the permit is issued, the operator shall file with the Department a bond for performance payable to the State and conditioned on the operator faithfully performing every requirement of this subtitle, the rules and regulations issued under this subtitle, and permit conditions.

The liability of the operator under the bond shall be for the duration of the open-pit mining operation and for a period coincidental with the operator’s responsibility under § 15-513 of this subtitle.

A deposit of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be at least equal to the required sum of the bond. On receipt of a deposit of cash or securities, the Department immediately shall place it with the State Treasurer, who shall receive and hold the deposit in trust, in the name of the State for the purposes for which it is made. The State Treasurer is responsible for the custody and safekeeping of the deposit. The operator, making the deposit, may demand and receive from the State Treasurer all or any portion of any deposited securities, if the operator replaces them with other negotiable securities of the class specified as having a market value at least equal to the sum of the bond;

A certificate of deposit in an amount equivalent to the required bond:

An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and expressly states that the total sum is guaranteed to be available and payable directly to the State on demand in the event of forfeiture. The irrevocable letter of credit may not expire during the anticipated life of the mining activities and the reclamation period thereafter.

The Department may require an operator to establish and maintain such records, make such reports, and provide such information as may reasonably be required to enable the Department to determine whether the operator has acted or is acting in compliance with this subtitle and rules and regulations promulgated pursuant to it.

The operator of every strip mine operation shall, on or before the 25th day of each month, file with the Department a monthly report covering the preceding calendar month on a form furnished by the Department. The report shall state the actual tonnage of coal produced by each seam, the number of employees, and the number of serious and fatal accidents which have occurred.

The operator of every strip mine operation shall, on a schedule established by the Department, file with the Department an annual report on a form furnished by the Department. The report shall summarize the information from the monthly reports and the mining and reclamation progress report for the preceding calendar year.

The operator of every strip mine operation which continues to operate beyond 1 year shall, on a schedule established by the Department, file with the Department a mining and reclamation progress report. The report shall provide, on forms furnished by the Department, the following information:

The mining and reclamation progress report shall be accompanied by a map prepared and certified by a registered professional engineer, a registered land surveyor, or other person approved by the Department. The map shall contain the information required under § 15–505(c)(2) of this subtitle and the following additional information:

The Department and its authorized agents, without advance notice and upon presentation of appropriate credentials, shall have the right of entry to, on or through any open–pit mining or prospecting operation or any premises in which any records required to be maintained under this subtitle are located to determine conditions of safety and to assure compliance with the provisions of this subtitle, any rules and regulations promulgated under it and any permit conditions, and shall have access to and the right to copy any records, reports, or other information, and to inspect any monitoring equipment or method of operation required by the Department under this subtitle.

If an operator fails to comply with requirements of this subtitle, any rule or regulation or permit condition, the Department immediately shall notify the operator by certified mail or personal delivery of the failure and require compliance within a reasonable time but not to exceed 90 days. The Department may extend beyond 90 days the total time for abatement of a violation, if the operator demonstrates by clear and convincing evidence, and the Department makes a written finding, that compliance within 90 days is unattainable either because of conditions totally beyond the control of the operator, or because abatement of the violation within 90 days would require action violative of mine safety standards established under federal or State law or would clearly cause more environmental harm than it would prevent. If the operator does not comply within the time specified, or any extension which may be granted, the Department shall issue a cease and desist order requiring the operator immediately to cease all or a portion of the open–pit mining operation in question until the Department determines that the operator is in full compliance. Copies of all records, reports, inspection materials, and information shall be available to the public. If the operator persistently or repeatedly fails to comply with a notice or order, the Department shall issue an order requiring the operator to show cause why the permit should not be revoked and provide opportunity for an adjudicatory hearing in accordance with § 15–514 of this subtitle. The Department also may order the immediate stopping of any operation conducted by an operator who lacks the license or permit required by this subtitle.

An amount equal to 9 cents for each ton of coal produced for the month shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and shall be administered in accordance with §§ 15–515, 15–516, and 15–517 of this subtitle; and

An amount equal to 6 cents for each ton of coal produced for the month shall be remitted to the fiscal authority of the county in which the coal was removed.

The operator shall regrade in a manner the Department establishes by rule and regulation and in accordance with the approved reclamation plan. Any regrading shall include, but is not limited to, backfilling, compacting (where necessary to insure stability or prevent leaching of toxic materials), and regrading to restore to the approximate original contour of the affected area with all highwalls, spoil piles, and depressions eliminated, unless depressions are approved by the Department to prevent erosion and retain moisture to assist revegetation.

All spoil from a permitted area shall be reclaimed within that permitted area or placed on abandoned mine land in a manner approved by the Department. Spoil from a permitted area may not be placed on abandoned mine land if it is needed to achieve the approximate original contour within that permitted area or to meet other permit requirements.

The completion report shall be accompanied by a completion map. The map shall be prepared and certified by a registered professional engineer or registered land surveyor and contain the following information:

No later than the time the mining and reclamation progress report required by § 15–508(b) of this subtitle is submitted, the operator shall submit a backfilling and planting report on a form furnished by the Department for all affected areas which have been backfilled, regraded, and planted in accordance with this subtitle and the approved reclamation plan. The report shall provide the following information:

The Department shall inspect the reported area to determine if the backfilling and planting has been done in accordance with the approved reclamation plan. If the Department determines that the reported area has been backfilled and planted according to the approved plan, the report shall be approved.

If the Department does not approve the backfilling and planting report, it shall notify the operator in writing, setting forth the reasons for disapproval and identifying the action necessary to secure approval. The operator shall take the action necessary to secure approval of the report.

Upon approval of the backfilling and planting report required by subsection (a) of this section, the Department shall release that portion of the liability on the bond representing the open–acre amount determined under § 15–507(b)(2)(ii) of this subtitle in accordance with provisions set forth in § 15–507(h) of this subtitle.

No sooner than 2 years after the report required by subsection (a) of this section is approved, if the revegetation has been established on the area in accordance with this subtitle and the approved reclamation plan and the Committee has approved the revegetation on the area, the Department may release an additional portion of the bond required by § 15–507(b) of this subtitle in accordance with § 15–507(h) of this subtitle.

The Department shall at all times retain bonds in an amount sufficient to insure completion of the reclamation plan by the Department in the event of forfeiture.

When the operator has successfully completed all surface coal mining and reclamation activities, the Department may release the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in paragraph (2) of this subsection; provided, however, that no bond shall be fully released until all reclamation requirements of this subtitle are fully met.

If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing.

If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle.

If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits:

If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment.

If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond.

The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.

Provide to the Director proof of the right to mine as required by § 15-505(g) of this subtitle;

Enter into an agreement with the Department to assume the duties and responsibilities of the permit and to conduct mining operations in accordance with the requirements of this subtitle, regulations issued under this subtitle, and the conditions of the permit;

File with the Department a performance bond as required under § 15-507 of this subtitle; and

Provide to the Director any other information required to reissue the permit in accordance with this subtitle.

Any funds that the Department receives and retains from license and special reclamation fees, mine reclamation surcharge, forfeiture of bonds, cash deposits, or securities shall be deposited to the credit of the State Treasurer in a bank the Treasurer designates. The funds shall be maintained as a special fund on the books of the Comptroller of the Treasury in an account known as the “Bituminous Coal Open–Pit Mining Reclamation Fund”. The Secretary shall use the funds to implement this subtitle and to backfill, grade, and plant areas affected by open–pit mining. However, funds received from the reclamation surcharge under § 15–509 of this subtitle shall only be used by the Secretary for reclamation of land affected by open–pit or strip method mining in the county in which the surcharge is assessed and collected.

Funds placed in the reserve in accordance with § 15–516 of this subtitle shall be used to replace water supplies affected by any open–pit mining operation after all bonds on the operation have been fully released.

When the amount of the reserve equals or exceeds $50,000, payment of the 1 cent into the reserve shall end temporarily.

When the amount of the reserve is reduced below $25,000 because of payment made under this section, payment of the 1 cent into the reserve shall resume.

To reclaim the land affected by the operation on which the liability was charged on the bond; and

To perform:

A portion of the assessment under § 15-509(b)(1) of this subtitle equal to 2 cents for each ton of coal produced for the month;

The amount of the assessment under § 15-509(b)(2) of this subtitle; and

The amount of the assessment under § 15-509(d) of this subtitle.

The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month;

An amount equal to the amount paid to the bond supplement reserve under subsection (b)(1) of this section from the assessment under § 15-509(d) of this subtitle has been credited to the Bituminous Coal Open-Pit Mining Reclamation Fund; and

An amount equal to the amount paid to the bond supplement reserve under subsection (b)(2) of this section from the assessment under § 15-509(d) of this subtitle has been remitted to the fiscal authority of the county in which the coal was removed.

The assessment under § 15-509(d) of this subtitle shall resume; and

Deposits into the bond supplement reserve of the amounts in subsection (b)(1), (2), and (3) of this section shall resume.

A description of the area to be prospected;

A description of the legal basis upon which the person who intends to prospect claims the right to enter and conduct prospecting operations on the area;

A description of the intended prospecting operations;

A statement of the period of the proposed prospecting; and

A plan for reclamation of the area in accordance with the requirements of this subtitle upon completion of the prospecting.

The determination of probable hydrologic consequences required by § 15-505(c)(4) of this subtitle, including engineering analyses and designs necessary for the determination;

The development of cross-section maps and plans required by § 15-505(c)(7) of this subtitle;

The geologic drilling and statement of results of test borings and core samplings required by § 15-505(c)(3) of this subtitle;

The collection of any archaeological and historical information required by the Department and the preparation of plans necessitated thereby;

Preblast surveys required by the Department; and

The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this subtitle.

In addition to any other remedies available at law or in equity, a civil penalty may be assessed for violation of any provision of this subtitle, or rule, regulation, order or permit issued under it; and shall be assessed whenever the Bureau issues a cease and desist order on imminent danger or significant imminent environmental harm under § 15-508(e) of this subtitle. The penalty may be assessed by the Secretary or a hearing officer designated by the Secretary, only after the person charged with the violation has been given an opportunity for a public hearing in accordance with paragraph (4) of this subsection. Where the person charged with the violation fails to request a public hearing, a civil penalty shall be assessed only after the Department determines that a violation did occur and the amount of the penalty which is warranted and has issued an order requiring the penalty be paid. The civil penalty assessed may not exceed $5,000 for each day of violation.

In determining whether or not to seek assessment of a civil penalty, the Department shall consider:

The civil penalty is payable to the State and collectible in any manner provided at law for the collection of debts. If any person liable to pay the penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State upon the property, both real and personal, of the person and shall be recorded in the clerk of court’s office for the political subdivision in which the property is located. The moneys shall be credited to the Bituminous Coal Open-Pit Mining Reclamation Fund.

Within 30 days from the date of an assessment order by the Department, the person charged with the violation may request an adjudicatory hearing in accordance with Title 10, Subtitle 2 of the State Government Article; provided that, at the time of the request the full amount of the penalty must be paid over to the Secretary for placement in an escrow account pending completion of administrative and judicial review of the assessment. Failure to forward the full amount to the Secretary within 30 days of an assessment order shall result in a waiver of all legal rights to contest the amount of the penalty or the underlying violation. If it is eventually determined that no violation occurred, or the amount of the penalty is reduced, the Secretary shall remit within 30 days the appropriate amount to the person, with interest at the rate of 6 percent.

The monthly report and annual report required under § 15-508(a) of this subtitle;

The mining and reclamation progress report required under § 15-508(b) of this subtitle;

The backfilling and planting report required under § 15-513 of this subtitle; or

The completion report required under § 15-511(a) of this subtitle.

If the Department determines that the water supply has been affected by open-pit mining operations, the Department shall notify the operator of its determination and shall establish a reasonable schedule for the operator to replace the water supply.

If the operator fails to comply with the schedule for replacing the affected water supply established in the Department’s notification under paragraph (1) of this subsection, the Department shall order the operator to replace the affected water supply.

On request from the operator, the Department shall use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section.

On request from the owner of the affected water supply, the Department may use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section.

These funds may be used to replace a water supply only after the owner of the affected water supply agrees to reimburse the Fund for moneys expended by the Department as provided in subsection (f) of this section.

If the Department determines that the water supply has been affected by open-pit mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Bituminous Coal Open-Pit Mining Reclamation Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply.

If the Department determines that the supply has been affected by open-pit mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the reserve under § 15-516 of this subtitle to replace the water supply. The use of funds from the reserve may not be construed to extend any permit where bonds have been fully released.

If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Bituminous Coal Open-Pit Mining Reclamation Fund to replace the water supply, the operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply.

If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Fund to replace the water supply, the property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply.

The operator shall be liable for any expenditures from the Bituminous Coal Open-Pit Mining Reclamation Fund in excess of funds received from forfeiture on bonds required to replace the water supply under subsection (e) of this section.

The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.

Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or

Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle.

Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or

If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right.

The Secretary shall investigate each application for a license or renewal.

The Secretary may not issue a license to or renew the license of an applicant if the Secretary finds that the applicant:

With respect to an application of a corporation, partnership, or association, the Secretary may not issue a license to or renew the license of the applicant, if the Secretary finds that any of its officers, directors, or principal owners:

The provisions of this subsection are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.

Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law.

Upon submission of the completed applications required by subsection (b) of this section, the Department shall require the applicant to publish an approved public notice of the opportunity to submit written comments and to request a hearing.

The public notice shall:

The Department shall provide written notice of applications for permits to any person who requests written notice.

Prior to the hearing, the Secretary shall seek the recommendations of the Land Reclamation Committee concerning the general reclamation plan for the affected area.

If a hearing is requested within the comment period set forth in the public notice, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing. The Department shall publish the date, time, and location of the hearing in a newspaper of general circulation in the county of the proposed operation.

The Department shall hold the hearing at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of the hearing and copies of the application shall be available for public inspection at the Department and at the soil conservation district office in the county of the proposed mine site 15 days before the hearing.

A record of the hearing shall be made and be available to the public.

The Secretary shall approve, reject, or modify the proposed deep mining plans. If a hearing is requested, after the hearing, the Secretary shall approve, reject, or modify the proposed deep mining plans.

If the Secretary modifies or rejects a deep mining plan, the operator shall be notified in writing of the reasons for rejection or the modifications required. The operator may resubmit the plan with the requested corrections or modifications to the Secretary.

The boundary lines of the property, the location of all buildings, railway tracks, wagon or other roads, rivers, streams, lakes and ponds, with the depth indicated, other important landmarks on the surface of the property; connecting lines of contiguous properties; and any lines with relation to contiguous mines or coal properties.

The openings, excavations, shafts, slopes, drifts, tunnels, planes, entries, rooms, crosscuts, and the name and location number of each coal mine, if so identified.

The elevation datum at top and bottom of each shaft, slope, and any drifts, tunnels, planes, at the faces of entries, as found at each semiannual survey; and in rooms and entries adjacent to boundary lines between the mine and any adjoining mine at points not more than 300 feet apart; the date of entry of each datum; and the location and elevation of any body of water dammed within or held back in any portion of the mine, giving as nearly as ascertainable, the true area of the body of water.

The direction of the air currents in the mine, indicated by arrows.

If the Department determines that the water supply has been affected by deep mining operations, the Department shall notify the operator of its determination and shall establish a reasonable schedule for the operator to replace the water supply.

If the operator fails to comply with the schedule for replacing the affected water supply established in the Department’s notification under paragraph (1) of this subsection, the Department shall order the operator to replace the affected water supply.

On request from the operator, the Department shall use funds from the Deep Mining Fund to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section.

On request from the owner of the affected water supply, the Department may use funds from the Deep Mining Fund to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section.

These funds may be used to replace a water supply only after the owner of the affected water supply agrees to reimburse the Fund for moneys expended by the Department as provided in subsection (f) of this section.

If the Department determines that the water supply has been affected by deep mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Deep Mining Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply.

If the Department determines that the water supply has been affected by deep mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the Deep Mining Fund to replace the water supply. The use of these funds may not be construed to extend any permit where bonds have been fully released.

The operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply if:

The property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply if:

The operator shall be liable for any expenditures from the Deep Mining Fund in excess of funds received from forfeiture on bonds required to replace the water supply under subsection (e) of this section.

The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.

The Department’s determination;

The Department’s intention to modify the mining and reclamation plan and other terms and conditions of the permit in a stated manner; and

The operator’s right to a hearing on the proposed modification at a stated time and place.

After receiving notification that an application for a permit has been approved, but before commencing deep mining operations, the operator shall file a bond with the Department.

Before commencing operations on an additional opening not included in the original bond made in the application for a permit, the operator shall post an additional bond or deposit. The operator also shall submit additional information that would have been required to be included with the original application for a permit. On receipt of the additional bond or deposit and the additional material, the Secretary may issue an amended permit covering any additional opening covered by the additional bond.

The operator may elect to deposit cash, a certificate of deposit from a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, or negotiable bonds of the United States government with the Department in lieu of a corporate surety. The cash deposit or market value of the securities may not be less than the required sum of the bond.

On receipt of any deposit of cash or securities, the Secretary immediately shall forward it to the State Treasurer, who shall receive and hold it in the name of the State in trust for the purpose for which the deposit is made.

The operator making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the required sum of the bond.

Funds received from forfeiture on bonds shall be deposited in the Deep Mining Fund and be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform.

Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by deep mining.

A map of the operation certified by a surveyor or engineer that shows the boundary lines of the tract and the access to the operation from the nearest public highway;

The area of land affected by the deep mining operation; and

Details of the completed reclamation work.

The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals;

Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location; or

The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities.

The extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of the State and the nation and that this activity must be balanced against potential health, safety, and environmental effects;

All reasonable steps should be taken:

Although it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials and the very character of certain surface mining operations precludes complete restoration of the land to its original condition, it is possible to conduct mining in a way to minimize its effects on the surrounding environment;

Proper reclamation of mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of the State;

There are certain circumstances in which surface mining is not desirable, as when the operation will have an unduly adverse effect on wildlife or freshwater, estuarine, or marine fisheries; and

The conduct of mining and reclamation of mined lands as provided by this subtitle will allow the mining of valuable minerals and provide for the protection of the State’s environment and the subsequent beneficial use of the mined and reclaimed land.

A forfeiture in excess of the amount required for reclaiming the area of land affected by the operation on which the liability was charged;

A forfeiture relating to land which the Department determines to be physically impossible to reclaim; and

Licensing fees, permitting fees, fines, funds received from the special reclamation fees established by § 15–808(i) of this subtitle or any other source.

An application for a license shall be in writing and on a form prepared and furnished by the Department.

If the application is made by a corporation, partnership, or association, the application shall contain information concerning its officers, directors, and principal owners, as the Department reasonably requires.

The application shall be accompanied by a $400 fee.

Those aspects of deep mining that do not have a significant effect on the surface, if the affected land does not exceed 3 acres in area;

Operations engaged in processing minerals;

Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than surface mining;

Removal of overburden and mining of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit, if no minerals are sold, processed for sale, or consumed in the regular operation of business;

The handling, processing, or storage of slag and stone on the premises of a manufacturer as a part of any manufacturing process that requires stone as a raw material or produces slag as a by-product;

The extraction of minerals by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner;

Mining operations if the affected land does not exceed 1 acre in area;

Dredging from submerged public or private lands in the State if this activity is conducted under a license from the State Board of Public Works or by permit from the Department, as provided for in Title 16 of this article; or

The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities, if the work is performed under a bond, a contract, and the specifications of the Department that require reclamation of the area affected in the manner provided by this subtitle.

Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $10,000.

The fine shall be paid to the Surface Mined Land Reclamation Fund.

Except as waived by the provisions of paragraph (3) of this subsection, the application shall be accompanied by an agreement, in a form specified by the Department, signed by the applicant and the landowner, if he is a different person from the applicant, stating that:

The application shall be accompanied by a mining and reclamation plan and map which meet the requirements of § 15-822 of this subtitle. No permit may be issued until the plan is approved by the Department.

The Department may waive the requirements of paragraph (1) of this subsection if a contract between the applicant and the landowner, if he is a different person from the applicant, was entered into before July 1, 1974.

Subsection (f) of this section for an original permit;

§ 15-815 of this subtitle for a modification of a permit;

§ 15-816 of this subtitle for a renewal of a permit; and

§ 15-819 of this subtitle for a transfer of a permit.

The fee for an original permit shall be:

The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter.

If the term of the permit exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (f) of this section for each 5-year portion of the term of the permit. These additional fees shall be paid to the Department within 1 year before the completion of each 5-year portion of the term of the permit.

Any permit that was granted on or before June 30, 1985, is not subject to the additional fees required by paragraph (1) of this subsection until the time of modification or renewal of the permit under §§ 15-815 and 15-816 of this subtitle.

Any person who violates the provisions of this section or who knowingly or intentionally has filed false information in the application for a permit, or who has not fully complied with all provisions and requirements of the permit, is guilty of a misdemeanor, and, on conviction, is subject to a fine of:

The fine and any payment for reclamation shall be paid into the Surface Mined Land Reclamation Fund.

Any requirement of this subtitle or any rule or regulation adopted under it will be violated by the proposed operation;

The operation will have an unduly adverse effect on wildlife or fresh water, estuarine, or marine fisheries;

The applicant has failed to provide applicable permits or approvals covering the operation from all State and local regulatory agencies responsible for air and water pollution and sediment control;

The operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of application for the permit;

The operation will have a significantly adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of application for the permit;

The applicant does not possess a valid surface mining license from the State;

The applicant has not corrected all violations which he may have committed under any prior permit and which resulted in:

Previous experience with similar operations indicates a substantial probability that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or other water pollution.

Completed its review of the proposed land use; and

Provided the Department with a written statement that states that the proposed land use conforms with all applicable county zoning and land use requirements.

In this section the following words have the meanings indicated.

“Dewater” or “dewatering” means to pump water out of a pit.

“Karst terrain” means an irregular topography that is:

“Lineaments” means the surface manifestation of cracks, fissures, fractures, and zones of weakness that, generally, are observable on aerial photographs as straight or nearly straight lines.

If a permittee is issued a water appropriation permit under § 5–502 of this article to dewater a pit located in karst terrain in Baltimore, Carroll, Frederick, and Washington counties, the Department shall establish, as a condition of the permittee’s surface mining permit under § 15–810 of this subtitle, a zone of dewatering influence around the surface mine.

The areal extent of the zone of dewatering influence shall be based, as appropriate, on local topography, watersheds, aquifer limits, and other hydrogeologic factors, including the occurrence of natural fractures, cracks, crevices, lineaments, igneous dikes, changes in rock type, and variations in the water–bearing characteristics of formations.

The Department shall develop and publish on its website for use by the public a searchable map of zones of dewatering influence established by the Department under this subsection.

Within the zone of dewatering influence established under subsection (b)(1) of this section, the permittee shall:

A permittee shall permanently replace a water supply under paragraph (1)(i) of this subsection within 45 days of the date on which the permittee knew of the water supply failure.

An individual domestic water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well that is capable of meeting the minimum yield requirements established in regulations adopted by the Department of the Environment during the period of pit dewatering.

A municipal, industrial, commercial, institutional, or farming water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well or other alternative water supply that is capable of yielding water equal to the volume used or needed by the property owner before the disruption of water supply.

Real or personal property within the zone of dewatering influence in karst terrain in Baltimore, Carroll, Frederick, and Washington counties found by the Department to have been damaged as a result of sudden land surface subsidence shall be considered to be repaired adequately by a permittee if the permittee returns the damaged property to its condition before the subsidence of the surface of the land.

If the damaged real or personal property is not capable of being restored to its pre–subsidence condition, the permittee shall compensate the owner of the real or personal property monetarily by the difference of the fair market value of the property as the property would exist but for the sudden land subsidence, and the fair market value of the property as a result of the damage.

Notwithstanding the other provisions of this subsection, the permittee and the property owner may agree on monetary compensation or other mitigation in lieu of restoration.

The Department may not require a permittee to replace water supplies, as provided in this section, if the permittee demonstrates to the Department by clear and convincing evidence that the proximate cause of the loss of water supply is not the result of pit dewatering.

The permittee may seek reimbursement for the cost of a water supply replacement from the owner of real property that is affected by the surface mine dewatering if after the permittee replaces the water supply it is determined that the permittee’s dewatering activity is not the proximate cause of the water supply failure.

The Department shall provide opportunity for a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

This subsection may not be construed to stay the requirement to permanently replace a water supply or implement appropriate safety measures in accordance with subsection (c) of this section.

Improvements that are made to real property within an established zone of dewatering influence following a final decision by the Department to issue a surface mining permit; or

Improvements that are made to real property following the establishment of a zone of dewatering influence as a condition of an existing surface mine permit.

Any permittee engaged in surface mining under a surface mining permit may apply at any time for modification of the permit.

The application shall be in writing on forms furnished by the Department and fully state the information called for.

The applicant may be required to furnish additional information that the Department reasonably deems necessary to enforce this subtitle.

If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information.

A modification under this section may affect:

In addition to the fee required in subsection (c) of this section, a fee shall be charged equal to:

The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter.

An uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle;

Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of the modification; or

Failure or refusal to pay the modification fee.

The Department’s determination;

Any changes in the application which would make it acceptable; and

The permittee’s right to a hearing at a stated time and place.

The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for the initial application for a permit.

If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information.

The Department may require an applicant to furnish other information the Department deems necessary to evaluate the renewal request.

In the absence of any changes in legal requirements for the issuance of a permit since the date on which the original permit was issued, the only basis for the denial of a renewal permit shall be:

Except as otherwise provided in subsection (d) of this section, the fee to be charged for a permit renewal shall be:

The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter.

If the term of a permit which is renewed exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (c) of this section, for each 5–year portion of the term of the renewed permit.

These additional fees shall be paid to the Department within 1 year before the completion of any 5–year portion of the term of the permit.

The Department’s determination;

Any changes in the application that would make it acceptable; and

The permittee’s right to a hearing at a stated time and place.

That either permittee has an uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle;

Failure of the successor permittee to submit an adequate mining and reclamation plan in light of conditions existing at the time of the modification; or

Failure of the successor permittee to pay the transfer fee.

The Department’s determination;

Any changes in the application which would make it acceptable; and

The right of the permittee and the successor in interest to a hearing at a stated time and place.