# Environment (GEN)

## Title 15. Mines and Mining

### Subtitle 5. Strip Mining

#### Section 15-501

(a) In this subtitle the following words have the meanings indicated.

(b) Repealed.

(c) "Auger mining" means the mechanical removal of coal from the subsurface by augering from the outcrop. It is an integral part of open-pit mining.

(d) "Committee" means the Land Reclamation Committee.

(e) "Deep mining" means any method of extracting coal from the subsurface, except open-pit mining and auger mining, and includes methods such as drift mining, shaft mining, and inclined slope mining.

(f) "Degree" means the angle of slope from the horizontal.

(g) "Department" means the Department of the Environment.

(h) "Federal approval of the State program" means approval by the federal government pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87).

(i) "Imminent danger to the health and safety of the public" means the existence of a condition which is reasonably expected to cause substantial physical harm to persons outside the permit area. A reasonable expectation of harm exists if a rational person would not subject himself to the danger.

(j) "Land" means the surface of the land on which open-pit mining is conducted.

(k) "Land affected" means the areas on which open-pit mining activities occur or where those activities disturb the natural land surface. These areas also shall include any adjacent land, the use of which is incidental to any open-pit mining activity, any land affected by the construction of a new road or the improvement or use of an existing road to gain access to the site of the activities for haulage, and any excavation, working, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailing, hole or depression, repair area, storage area, processing area, shipping area, or any other area on which is sited a structure, facility, or other property or material on the surface that results from or is incident to open-pit mining activities.

(l) "Land eligible for remining" means any land that would otherwise be eligible for expenditures under Subtitle 11 of this title.

(m) "Landowner" means a person in whom the legal title to the land is vested.

(n)

  (1) "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.

  (2) 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.

  (3) "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.

(o) "Operator" means any person, partnership, limited liability company, or corporation that removes or intends to remove more than 250 tons of coal from the earth by surface coal mining within 12 consecutive calendar months in any one location.

(p) "Orphaned land" means land on which open-pit mining was conducted before June 1, 1967 and which has not been reclaimed.

(q) "Orphaned land reclamation project" or "project" means a competently designed reclamation project, which may include backfilling and revegetation, to restore orphaned lands.

(r) "Overburden" means the strata or material overlying a bituminous coal deposit in its natural state.

(s) "Owner's cash contribution" means the sum that an owner of property benefited by an orphaned land reclamation project agrees to pay in a lump sum on approval of the project.

(t) "Permit" means a permit to conduct open-pit mining pursuant to this subtitle.

(u) "Person" includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or any individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, associations, public or private corporation, or any other entity.

(v) "Principal owner" means an owner or beneficial owner of at least 10 percent of a corporation, firm, partnership, limited liability company, or association.

(w) "Prospect" means the removal of soil or rock material overlying bituminous coal to determine the location or value of the coal resource of the area, but not to sell, exchange, or transfer.

(x) "Secretary" means the Secretary of the Environment.

(y) "Spoil pile" means the overburden and reject coal as it is piled or deposited in open-pit mining.

#### Section 15-502

This subtitle is an exercise of the police powers of the State for the general welfare of the people, by providing for the protection and conservation of the natural resources of the State and the improvement of areas of land and communities affected in the mining of bituminous coal by the open-pit, strip mining, or auger mining method. Its purpose is:

(1) To aid in the protection of wildlife and restore these lands to productive purposes while decreasing soil erosion;

(2) To aid in preventing pollution of rivers and streams;

(3) To prevent combustion of unmined coal;

(4) To provide for reclamation of the stripped areas;

(5) To improve generally the use and enjoyment of these lands; and

(6) To improve generally the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.

#### Section 15-503

(a) The Bureau may make and enforce any rule and regulation necessary to prevent, minimize, or repair damage to the land or the natural resources associated with the land which may result from any open-pit mining operation.

(b) The Department is authorized to administer a surface mining control program consistent with the requirements of the federal Surface Mining Control and Reclamation Act, any amendments to that Act, and any rule or regulation promulgated under that Act.

#### Section 15-504

(a)

  (1)

    (i) A person may not conduct open-pit mining as an operator within the State without a currently valid license from the Department.

    (ii) Each application for a license as an open-pit mining operator shall be made in writing to the Department, on a form the Department furnishes and accompanied by a $200 fee. The application shall contain information concerning the applicant as required by the Department. In the case of an application submitted by a corporation, partnership, or association, the application shall contain information concerning officers, directors, and principal owners, as the Department requires.

  (2)

    (i) Every person licensed as an open-pit mining operator shall renew the person's license annually and pay a $10 renewal fee.

    (ii) The application for renewal of a license as an open-pit mining operator shall be made on or before January 1 of the next succeeding year.

    (iii) The county fiscal authority shall notify the Department in writing by no later than December 15 of those open-pit mining operators who have not paid all of their county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November, as provided under Sec.Sec. 20-301 through 20-303 and 20-308 of the Local Government Article and Sec. 15-509 of this subtitle. The county fiscal authority shall send this notice of nonpayment to the affected operator at the same time that the county fiscal authority notifies the Department. In the absence of this notification, the Department shall presume that all coal severance taxes and surcharges, including any interest and penalties for late payment, have been paid. The Department may not renew a person's open-pit mining operator's license unless all of that person's county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November have been paid.

    (iv) If an open-pit mining operator provides the Department with written notification from the county fiscal authority which states that the open-pit mining operator has not paid all of the operator's county coal severance taxes and surcharges, including any interest and penalties for late payment, as provided in paragraph (2)(iii) of this subsection, but the county and the operator have agreed on a payment schedule, the Department may issue a license to the operator on the condition that the operator comply with the payment schedule.

(b) The Director of the Bureau shall investigate every application for a license or renewal. The Director may not issue any new open-pit mining operator's license or renew any existing license to any person or operator if the Director finds the applicant for licensure or renewal has failed to correct a violation of the rules and regulations established under this subtitle, or to comply with any of the provisions of this subtitle. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously failed and continues to fail to comply with any of the provisions of this subtitle, or if any officer, director, or principal owner is or has been an officer, director, or principal owner of any other corporation, limited liability company, partnership, or association, which has previously failed and continues to fail to comply with any of the provisions of this subtitle. The Director may not issue or renew any license to any person or operator who has forfeited any bond posted in connection with strip-mining activity in any state. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously forfeited any bond posted in connection with strip-mining activity in any state.

(c)

  (1) 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 Sec. 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.

  (2) 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 Sec. 15-508(c) of this subtitle.

  (3)

    (i) The Department shall provide a licensee with notice and an opportunity for a hearing before it may suspend a license under this subsection.

    (ii) Unless stayed by the Department or by a reviewing court, any decision by the Department to suspend a license shall be effective immediately.

(d) A licensed operator shall notify the Department, on a form the Department furnishes, within 30 days of the date of any changes in officers, directors, principal owners, or resident agents. The Department shall investigate each new officer, director, principal owner, or resident agent in accordance with subsection (b) of this section. If the Department finds that any officer, director, principal owner, or resident agent is or has been an officer, director, principal owner, or resident agent of any other corporation, limited liability company, partnership, or association that has failed or continues to fail to comply with any provision of this subtitle, or has forfeited any bond posted in connection with strip-mining activity in any state, the Department shall notify the operator and require corrective action to be taken within 30 days. If the operator does not submit proof that corrective action has been taken, the Department shall suspend the operator's license. If corrective action is not taken prior to the expiration date of the license, the Department may not renew the operator's license.

#### Section 15-505

(a) Before any person conducts open-pit mining, he shall obtain a permit from the Department for each separate operation. All permits shall require the operator to comply with all amendments to this subtitle and rules and regulations adopted pursuant thereto. A permit may not be issued if the Department determines that reclamation cannot be accomplished in accordance with the requirements of this subtitle or rules and regulations adopted pursuant thereto. The permit is valid for a term not to exceed 5 years, unless the Department suspends or cancels it prior to that time. If an applicant demonstrates that a specified longer term is necessary to obtain financing for equipment and opening the operation, the Department may grant a permit for such longer term. A permit issued under this subtitle shall carry with it the right of successive renewal and may be renewed if the permit meets the requirements of this subtitle and rules and regulations adopted under this subtitle. A permit may not be transferred or assigned without written approval from the Department.

(b)

  (1) 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.

  (2) 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:

    (i) Which would adversely affect any publicly owned park or place recorded in the National Register of Historic Sites, unless approved by the federal, State or local agency with jurisdiction over the park or historic site;

    (ii) Within the Youghiogheny River scenic corridor, notwithstanding any other provision of law;

    (iii) Within 100 feet of the outside right-of-way line of any public road (except where mine access roads or haulage roads join the right-of-way line), unless the Department, after public notice and opportunity for a public hearing in the locality, determines that the interests of the public and the affected landowners will be protected;

    (iv) Within 300 feet from any occupied dwelling, unless waived by the owner thereof;

    (v) Within 300 feet of any public building, school, public park, church, community or institutional building; or

    (vi) Within 100 feet of a cemetery.

(c) The application for a permit or permit revision shall be submitted in a manner satisfactory to the Department and shall contain at a minimum:

  (1) 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;

  (2) 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;

  (3) 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;

  (4) 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;

  (5) 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;

  (6) A permit fee of $10; and

  (7) 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.

(d) Procedures for review of an application shall be as follows:

  (1) 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.

  (2)

    (i) Except as provided in subparagraph (iii) of this paragraph, upon receipt of a complete application for a permit or permit revision the Department shall require the applicant to publish an approved advertisement of the application submitted under subsection (c) of this section.

    (ii) The public notice required in subparagraph (i) of this paragraph shall be published at least once a week for 4 successive weeks in a newspaper of general circulation in the county of the proposed mining operation.

    (iii) The public notice required in subparagraph (i) of this paragraph may not be required for an application for permit revision that does not propose significant alterations in a permit in accordance with the Department's regulations.

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

  (4) 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.

  (5) 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.

  (6) 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.

  (7)

    (i) Upon completion of the review required by paragraph (6) of this subsection, the Department shall grant, require modification of, or deny the application for a permit and notify the applicant and any participant to a public informational hearing, in writing, of its decision:

      (1) Within 90 days after the date the Department determines that an application for a new permit or an application for permit revision that proposes significant alterations in the permit is complete; or

      (2) Within 45 days after receiving:

      (A) A revised application for a new permit; or

      (B) An application for a permit revision that does not propose significant alterations in the permit.

    (ii) The applicant for a permit shall have the burden of establishing that the application is in compliance with all of the requirements of this subtitle and the rules and regulations issued under this subtitle.

    (iii) The Department may provide for one extension of the deadlines in subparagraph (i) of this paragraph for up to 30 days by notifying the applicant in writing prior to the expiration of the original deadlines.

  (8) 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.

  (9) 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 Sec. 10-222 of the State Government Article.

(e) In addition to any fee required in this subtitle, each applicant for a permit to mine coal by open-pit or strip method shall pay to the Department, before the permit is issued, a special reclamation fee of $75 for each acre of land affected. The fee shall be paid only when an acre is initially permitted. This fee shall be deposited in the Bituminous Coal Open-Pit Mining Reclamation Fund. The payment shall be based on the same number of acres as that for which a bond is required. Notwithstanding the provisions of Sec. 15-515 of this subtitle, the Secretary shall use the funds produced by the fee under this subsection to backfill, grade, and plant areas affected by open-pit mining where the funds received from forfeiture on bonds, cash, securities, and other collateral are not sufficient to do the necessary backfilling, grading, and planting. However, if at any time the money produced by this fee and at that time in the Bituminous Coal Open-Pit Mining Reclamation Fund exceed the sum of $750,000, then the Secretary may use this excess money in accordance with the provisions of Sec. 15-515 of this subtitle.

(f) The operator is responsible for the prevention of stream pollution in excess of federal or State standards.

(g) The application for a permit shall include for all land to be affected by the open-pit coal mining and reclamation operations:

  (1) 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

  (2) A conveyance that expressly grants or reserves to the applicant the right to extract coal by open-pit mining methods.

(h) The Department may not issue a permit to an applicant if any strip mining operation owned or controlled by the applicant is currently in violation of the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87), any other law pertaining to air or water environmental protection, or any provisions of this subtitle or any rule, regulation, notice, order or permit issued under this subtitle unless the applicant submits proof that the violation is in the process of being corrected to the satisfaction of the appropriate jurisdictional agency.

(i)

  (1) 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.

  (2) 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.

(j) If the Director of the Bureau does not approve the application for a permit or permit revision, he promptly shall notify the operator by registered or certified mail setting forth his reasons for the disapproval. The operator then may take the steps required to have the Bureau's objections removed.

(k) A transfer, assignment, or sale of the rights granted under any permit issued pursuant to this subtitle may not be made without the written approval of the Department.

#### Section 15-506

(a) The Department shall establish a process to determine which, if any, land areas are unsuitable for all or certain types of surface coal mining operations. A surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:

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

  (2) 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;

  (3) 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

  (4) 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.

(b) The Department shall designate an area as unsuitable for all or certain types of coal surface mining operations if the Department determines that reclamation as required by this subtitle is not technologically and economically feasible.

(c) Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated unsuitable for surface coal mining operations or to have such a designation terminated. A petition shall describe the petitioner's interest and contain allegations of fact and other supporting data. Within 10 months after receipt of the petition the Department shall hold a public hearing in the county in which the area is located, after publication of the time and place of such a hearing. Prior to the hearing any person may intervene by filing allegations of facts with supporting evidence. Within 60 days after such hearing, the Department shall issue a written decision regarding the petition, and the reasons therefor.

(d) Prior to designating any land areas as unsuitable for surface coal mining operations, the Department shall prepare a detailed statement on (1) the potential coal resources of the area, (2) the demand for coal resources, and (3) the impact of such designation on the environment, the economy, and the supply of coal.

(e) The Department shall condition all permits in order to protect lands identified or under study pursuant to this section. Once an area has been designated unsuitable for certain types of surface coal mining, the Department may not issue a permit to conduct such operations on that area. The Department shall determine the point in time at which the filing of a petition under this section shall act to stay issuance of a permit applied for under Sec. 15-505 of this subtitle.

#### Section 15-507

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "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.

  (3) "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.

(b)

  (1) 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.

  (2)

    (i) The amount of the bond shall be determined by the Department and may not be less than $500 per acre or a fraction thereof based on the number of acres of land permitted.

    (ii) However, the amount of bond for the open-acre limit approved by the Department in the permit application may not be less than an additional $1,500 per acre or fraction thereof.

  (3) 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 Sec. 15-513 of this subtitle.

(c) All bonds required by this section shall be on a form provided by the Department, shall be payable to the State of Maryland, and shall be executed by the operator and a corporate surety licensed to do business in the State. Instead of a corporate surety, any of the following are acceptable:

  (1) 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;

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

    (i) Issued by:

      (1) A financial institution, as defined in Sec. 1-101 of the Financial Institutions Article, 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

      (2) A federal credit union, as defined in 12 U.S.C. Sec. 1752, 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

    (ii) Accompanied by written agreement of the financial institution or federal credit union to pay on demand to the State in the event of forfeiture; or

  (3) 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.

(d) The amount of the bonds required by this section shall be sufficient to assure completion of the reclamation plan by the Department in the event of forfeiture and in no case may the bonds required for any permit be less than $10,000.

(e) The operator shall post an additional bond prior to commencing operations on any additional acreage exceeding that covered by the original permit provided the additional acreage is covered in an application previously submitted and approved in accordance with this subtitle. On receipt of the additional bond the Department shall issue an amended permit for the acreage covered by the additional bond.

(f) An operator may not engage in open-pit mining if he has forfeited any prior bond posted under this section.

(g) When an operator submits the mining and reclamation progress report required under Sec. 15-508(b) of this subtitle, the Department, on advice of the Committee, may adjust the amount of surety required from the operator to assure completion of reclamation and revegetation.

(h) Prior to the release of any bond required by this subtitle, the operator shall publish an advertisement of the release at least once a week for 4 consecutive weeks in a newspaper of general circulation in the jurisdiction affected. The operator shall notify adjoining property owners, local governmental bodies, sewage authorities, and water companies by certified mail. The Department shall afford interested persons an opportunity to submit written comments and to request a hearing on the proposed bond release. Upon receipt of an application for release of bonds, including proof of the advertisement and notifications, the Department shall conduct an evaluation of the reclamation work involved. The Department shall notify the operator in writing of its approval or disapproval. No bond may be fully released until all requirements of this subtitle, rules and regulations adopted pursuant to this subtitle, and permit conditions have been met.

#### Section 15-508

(a)

  (1) 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.

  (2) 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.

  (3) 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.

(b)

  (1) 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:

    (i) The total acres and open acre limit approved, permitted, and bonded;

    (ii) The total acres affected, backfilled, and planted on the permit;

    (iii) The total acres of approved planting on the permit;

    (iv) The total open acres on the permit; and

    (v) The information reported on the mining and reclamation progress report for the preceding year.

  (2) 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 Sec. 15-505(c)(2) of this subtitle and the following additional information:

    (i) The surveyed boundaries of the areas presently disturbed;

    (ii) The surveyed boundaries of all backfilled areas;

    (iii) The surveyed boundaries of all planted areas, including the month and year each area was planted;

    (iv) The boundaries of the areas remaining to be disturbed;

    (v) The present location and length of the highwall; and

    (vi) A legend containing all information required by this subsection.

  (3)

    (i) Upon notification by the Department of the schedule to file the mining and reclamation report, an operator may notify the Department, in writing, if land has not been disturbed on any strip mine operation during the preceding year.

    (ii) If the Department approves the notification, the map required under paragraph (2) of this subsection will not be required to be submitted with the mining and reclamation progress report.

  (4)

    (i) The Department shall review the mining and reclamation progress report.

    (ii) If the Department determines that the report is correct, the report shall be approved.

    (iii) If the Department does not approve the report, the Department shall notify the operator in writing, setting forth the reasons for disapproval, and identifying the action necessary to secure approval.

    (iv) The operator shall take the action necessary to secure approval of the report.

(c)

  (1) 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.

  (2) 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 Sec. 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.

(d) If the Department determines that a probable permit acreage or boundary violation exists, it may order an operator to submit a map showing the status of the operation as of the date of the order.

(e) If, on the basis of an inspection, the Department determines that any condition or practice exists, which condition or practice creates an imminent danger to the health or safety of the public, or is causing or may reasonably be expected to cause significant imminent environmental harm, the Department or its agent shall immediately issue a cease and desist order requiring the operator immediately to cease open-pit mining on all or part of the operation in question until the Department determines that the operator is in full compliance. If cessation of open-pit mining is not sufficient to abate the imminent danger or harm, the Department shall also impose such affirmative obligations upon the operator as are necessary to abate the danger or harm.

(f) Within 30 days from the date of a notice or order under this section, or from the date of a related civil penalty assessment under Sec. 15-521(b) of this subtitle, whichever is later, any person having an interest which is or may be adversely affected may request an adjudicatory hearing pursuant to Title 10, Subtitle 2 of the State Government Article. If a civil penalty assessment is made, any adjudicatory hearing on the penalty amount shall be combined with the hearing on the violation, and the assessment must be paid into escrow in accordance with Sec. 15-521(b)(4) of this subtitle. The Department shall conduct an investigation and provide the operator and other interested persons written notice of the time and place of the hearing at least 5 days prior to the hearing. Within 30 days of the hearing the Department shall issue a written decision. Prior to the decision, the Department may grant temporary relief from a notice or order if an applicant can show a substantial likelihood of success on the merits, a public hearing on the temporary relief is held, and the relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources.

(g) A person seeking administrative or judicial review of a notice or order, or who participates in an action under Sec. 15-528 of this subtitle, may request the Department or court to assess an opposing party for all expenses, including attorneys' fees, reasonably incurred by the person in connection with the proceedings. The Department or court may order reimbursement as deemed proper.

(h) Any person may request an inspection by providing the Bureau with a signed written statement that gives reason to believe that an operation may be in violation of this subtitle or the Bureau's rules and regulations. If an inspection is made the person who requested the inspection shall have a right to accompany the inspector; provided that, he or she voluntarily remains under the control and direction of the inspector at all times, and assumes all risk of injury. In any case, the person shall be provided with a written report from the Bureau that indicates the results of an inspection, or the reason why no action was taken on the request.

#### Section 15-509

(a) On the basis of the approved monthly reports of coal produced submitted under Sec. 15-508 of this subtitle, the Department shall assess a 15 cent mine reclamation surcharge for each ton of coal removed by the open-pit or strip method.

(b) Of the amount assessed under subsection (a) of this section:

  (1) 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 Sec.Sec. 15-515, 15-516, and 15-517 of this subtitle; and

  (2) 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.

(c) The provisions of subsection (b)(2) of this section may not apply for a month when the provisions of Sec. 15-517(b) or (e) of this subtitle apply.

(d) On the basis of the approved monthly reports of coal produced that are submitted under Sec. 15-508 of this subtitle, the Department shall assess a 2 cent bond supplement reserve surcharge for each ton of coal removed by the open-pit or strip method, which amount shall be deposited to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund and administered in accordance with Sec.Sec. 15-515, 15-516 and 15-517 of this subtitle.

#### Section 15-510

(a) Each operator shall comply with the requirements of this section.

(b)

  (1) 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.

  (2) 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.

(c) The operator shall seal off with a material approved by the Department each opening from an underground mining operation at the base of the final cut. The seal shall be constructed in a way to avoid creating danger from impoundment of any large quantity of water.

(d) If the operator proposes to impound water to provide a lake or pond for wildlife, recreational, or other water supply purposes, he shall file a formal request with the Department and receive approval before the pond or lake is created.

(e) An operator, with the written approval of the landowner, may propose an alternative plan for reclamation if the land can be used for suitable purposes. The alternate plan shall be submitted to the Department as part of the mining and reclamation plan.

(f) Unless the operator obtains the prior written approval of the Department, all backfilling described in the approved reclamation plan shall be completed before backfilling equipment is moved from the operation.

(g) An owner of either surface rights or mineral rights may not interfere with an operator in the discharge of any duties imposed by this subtitle.

#### Section 15-511

(a)

  (1)

    (i) After completion of all coal removal, backfilling, regrading, and planting on the permit, the operator shall file with the Department a completion report on a form furnished by the Department no later than the time the next mining and reclamation progress report required by Sec. 15-508(b) of this subtitle is to be submitted.

    (ii) The report shall identify the operation, the area of land affected by the strip mining operation, and identify any area proposed to be reserved for deep mining or any other lawful purpose in accordance with subsection (b) of this section.

  (2) 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:

    (i) The information required by the map under Sec. 15-505(c)(2) of this subtitle;

    (ii) The surveyed boundaries of the areas affected on the permit;

    (iii) The surveyed boundaries of all areas which have been backfilled and planted on the permit and indicate the month and year each area was planted;

    (iv) The surveyed boundaries of any areas proposed to be reserved for deep mining or other purposes under subsection (b) of this section; and

    (v) A legend which indicates the total acres of the permit, acres affected on the permit, the acres remaining open on the permit, and the acres reserved for deep mining or other purposes.

  (3)

    (i) The Department shall review the completion report.

    (ii) If the Department determines the report is correct, the report shall be approved.

    (iii) If the report is not approved, the Department shall notify the operator, in writing, setting forth the reasons for disapproval and identify the action necessary to secure approval.

    (iv) The operator shall take the action necessary to secure approval of the report.

    (v) Approval of the completion report by the Department exempts the operator from the filing of further mining and reclamation progress reports on the permit pursuant to Sec. 15-508(b) of this subtitle.

(b) If the operator or any other person desires to conduct deep mining on the premises or use a portion of the permit area for haulageways or any other lawful purpose, the operator may designate a location, subject to the Department's approval, to be used for one or more of these purposes. At a designated and approved location it is not necessary to backfill as required by this subtitle until the deep mining or other use is completed. During this time the bond on file for that portion of the operation may not be released unless a bond as required by Subtitle 6 of this title is filed with the Department. The area of each reserved opening and its location shall be described in the completion report and designated on the attached map. Before commencing operation of a deep mine, a permit must be obtained and a bond filed as required by Subtitle 6 of this title.

(c) If within two years after the completion of the strip mining operation deep mining has not been initiated at the proposed location, reclamation shall be completed in accordance with this subtitle.

#### Section 15-512

To encourage optimum revegetation, the Committee may recommend to the Department that it contribute up to 50 percent of the cost of fertilizer, lime, and seed required by an approved mining and reclamation plan.

#### Section 15-513

(a)

  (1) No later than the time the mining and reclamation progress report required by Sec. 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:

    (i) The number of acres affected on the permit;

    (ii) The number of acres backfilled and planted for the period of the report;

    (iii) The number of backfilled and planted acres previously reported;

    (iv) A map showing the area of the permit being reported as backfilled and planted; and

    (v) Such other relevant information as the Department requires.

  (2) 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.

  (3) 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.

(b)

  (1) 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 Sec. 15-507(b)(2)(ii) of this subtitle in accordance with provisions set forth in Sec. 15-507(h) of this subtitle.

  (2)

    (i) If the report required by subsection (a) of this section is approved, the operator shall be responsible for the successful revegetation of the reported area for the period specified in subparagraph (ii) or (iii) of this paragraph unless liability is extended by the Department to insure compliance with the requirements of this subtitle, rules and regulations, or permit conditions.

    (ii) On land eligible for remining, the period of operator responsibility is 2 full years after the approval of the report. The authority for this subparagraph shall terminate on September 30, 2004, or on any later date authorized under the federal Surface Mining Control and Reclamation Act.

    (iii) For any reported area other than land eligible for remining, the period of operator responsibility is 5 full years after the approval of the report.

  (3) 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 Sec. 15-507(b) of this subtitle in accordance with Sec. 15-507(h) of this subtitle.

  (4) 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.

  (5) 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.

#### Section 15-514

(a)

  (1) 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.

  (2)

    (i) If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing.

    (ii) Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

  (3) 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 Sec. 15-507 of this subtitle.

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

    (i) All rights and claims to the permit;

    (ii) All materials furnished with the application for the permit; and

    (iii) Any subsequent amendments to the permit.

(b)

  (1) 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.

  (2) 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.

  (3) 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.

#### Section 15-514.1

(a) In this section, "permit" includes all areas approved in the application for mining.

(b) A permit that has been revoked under Sec. 15-514(a) of this subtitle may be reinstated for the sole purpose of reissuing all or part of the permit to another qualified operator in accordance with subsection (c) of this section.

(c) In order to be qualified to obtain a reissued permit under this section, an operator shall:

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

  (2) 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;

  (3) File with the Department a performance bond as required under Sec. 15-507 of this subtitle; and

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

#### Section 15-515

(a)

  (1) 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 Sec. 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.

  (2)

    (i) Funds received from forfeiture of bonds, and the bond supplement reserve established under Sec. 15-517 of this subtitle, when the bond is not sufficient, shall 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.

    (ii) 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 open-pit mining of bituminous coal.

  (3) Funds placed in the reserve in accordance with Sec. 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.

(b) The Secretary shall administer the Fund subject to the provisions for financial management and budgeting established by the Department of Budget and Management. The Secretary annually shall coordinate the preparation of a budget required to implement this subtitle, including reclamation of lands affected by bituminous coal open-pit mining.

(c) For the purpose of performing duties under this section, the Department, its agents, employees, and contractors may enter on private property for access to and reclamation of any land affected by open-pit mining or prospecting. Entry onto private property for purposes other than reclamation of land on which liability was charged on a forfeited bond may not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the Department may apply to a court where the property or any part of it is located for an order directing that the entry be permitted. "Bona fide effort" shall include either 30 days' advance notice in writing by certified mail, return receipt requested, to the last known address of the property owner or posting notice on the property not less than 30 days in advance, or other requirements as the court may deem appropriate. The Department shall reimburse the landowner or lessee who is farming the property for agricultural products destroyed or damaged by the Department's agents, employees, or contractors. The Department shall be responsible for any other damages that may be incurred as a result of entry onto private property.

#### Section 15-516

(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a reserve to be used to replace water supplies that are determined to have been affected by an open-pit mining operation, after all the bonds under Sec. 15-507 of this subtitle covering the operation that affected the water supply have been released in accordance with Sec. 15-507 of this subtitle.

(b) One cent of the mine reclamation surcharge that the Department assesses for each ton of coal removed by the open-pit or strip method under Sec. 15-509 of this subtitle shall be paid into the water supply replacement reserve.

(c)

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

  (2) 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.

#### Section 15-517

(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a bond supplement reserve to be used if funds received from the forfeiture of bonds under Sec. 15-514 of this subtitle are not sufficient:

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

  (2) To perform:

    (i) The requirements of this subtitle;

    (ii) The requirements of regulations adopted under this subtitle; and

    (iii) Any permit condition that the operator has failed to perform.

(b) The Secretary shall deposit to the credit of the bond supplement reserve the following funds:

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

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

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

(c) When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.

(d) The assessment under Sec. 15-509(d) of this subtitle shall end temporarily for any month when:

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

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

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

(e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000:

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

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

(f) The Secretary shall notify each county when remitting or suspending the remittance of the amount under Sec. 15-509(b)(2) of this subtitle.

(g) The Secretary shall meet and confer with the Land Reclamation Committee at least 30 days before procuring any services for which funds from the bond supplement reserve will be used, and shall provide the Committee an opportunity to submit comments and recommendations about the proposed expenditure.

#### Section 15-518

(a) A person who conducts any prospecting activity shall be subject to the reclamation requirements and to the enforcement and penalty provisions of this subtitle.

(b) A person who intends to prospect for coal in an area not included in a valid surface coal mining permit shall file a notice of intent to prospect with the Department at least 2 weeks prior to the commencement of any surface disturbance associated with prospecting.

(c) The notice of intent to prospect shall be in writing and submitted on forms prescribed by the Department. The notice shall include:

  (1) A description of the area to be prospected;

  (2) 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;

  (3) A description of the intended prospecting operations;

  (4) A statement of the period of the proposed prospecting; and

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

(d) A person who proposes to conduct prospecting operations which are reasonably likely to cause substantial disturbance to the land surface or cause serious harm to water supply or water quality may not commence any disturbance related to the proposed prospecting prior to obtaining the written approval of the Department and submitting to the Bureau a bond in a form acceptable under Sec. 15-507(c) of this subtitle, payable to the State, conditioned on the faithful performance of the requirements of this section. The bond shall be in the amount that the Department determines necessary to assure completion of reclamation and revegetation.

(e) If the Department determines, after review of the notice filed pursuant to this section, that the proposed prospecting operation is reasonably likely to cause substantial disturbance to the natural land surface or to cause serious harm to a water supply or water quality, the Department shall so inform the person submitting the notice, and the requirements of subsection (d) of this section shall apply to such persons and operations.

(f) The Department shall deny written approval to prospect where it finds that the person intending to prospect has failed to reclaim any other prospecting or surface coal mining operation in accordance with the requirements of this subtitle applicable to that operation.

(g) A person may not remove more than 200 tons of coal pursuant to this section.

(h) Prospecting operations, and any of its related activities, including but not limited to excavations, construction of roads, drill holes, the removal of facilities and equipment, and reclamation shall be conducted in accordance with performance and reclamation regulations established for prospecting.

(i) Information submitted to the Department pursuant to this section concerning trade secrets or confidential commercial or financial information which relates to the competitive rights of the person or entity intending to prospect shall not be available for public examination.

(j) A person who conducts any prospecting activity in violation of this section, or rules or regulations promulgated under this section, shall be subject to the enforcement and penalty provisions of this subtitle.

#### Section 15-519

(a) If the Department finds that the probable total annual production at all locations of a surface coal mining operator will not exceed 300,000 tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the Department, shall be assumed by the Department upon written request of the operator in connection with a permit application:

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

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

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

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

  (5) Preblast surveys required by the Department; and

  (6) 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.

(b) The Department shall provide or assume the cost of training coal operators that meet the qualifications in subsection (a) of this section concerning the preparation of permit applications and compliance with the Maryland Surface Mining Control Program, and shall ensure that qualified coal operators are aware of the assistance available under this section.

(c) A coal operator that receives assistance pursuant to this section shall reimburse the Department for the cost of the services rendered if the Department finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.

#### Section 15-520

(a) Any person who mines coal by the open-pit mining method as an operator without having applied for and received a license as provided in this subtitle is guilty of a misdemeanor. On conviction, he is subject to a fine of not less than $5,000 and not exceeding $10,000, or imprisonment not exceeding six months, or both.

(b) Any person who mines coal by the open-pit mining method without having received a permit, as provided in this subtitle, who mines coal by the open-pit mining method without securing an amended permit, who mines coal by the open-pit mining method without furnishing the proper bond required by this subtitle, who knowingly or intentionally submits false information to the Department, or knowingly fails to make any statement, representation, or certification in any document required to be filed with the Department, or who does not fully comply with every provision and requirement of this subtitle or any rule, regulation, permit, notice or order issued pursuant thereto, is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $10,000 or by imprisonment for not more than 1 year or both.

(c) Any person who mines coal by the open-pit or strip method on any land the State owns in violation of Sec. 15-505 of this subtitle without a permit the Bureau issues is guilty of a misdemeanor and upon conviction is subject to a fine of not less than $1,000 and not exceeding $10,000 or imprisonment not exceeding two years, or both. A separate offense shall exist for each day a violation occurs.

In addition to any fine imposed, every person convicted of violating Sec. 15-505 shall pay the Director a sum sufficient to reclaim the area mined.

(d) Any fine imposed under this subtitle by the District Court shall be paid to the State. A fine imposed by the circuit court for any county shall be paid to the Bituminous Coal Open-Pit Mining Reclamation Fund. A fine imposed under this section and paid into the Fund shall be used for the sole purpose of foresting or reclaiming land affected by open-pit mining of bituminous coal.

(e) Any person who shall willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties under this subtitle shall be guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $5,000 or by imprisonment for not more than 1 year or both.

#### Section 15-521

(a) Any person who violates any provision of this subtitle, or any rule, regulation, order, or permit issued pursuant thereto, shall be liable for a penalty not exceeding $10,000 for the violation, which may be recovered in a civil action, and the person may be enjoined from continuing the violation, as provided by this subtitle. Each day upon which the violation occurs constitutes a separate offense.

(b)

  (1) 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 Sec. 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.

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

    (i) The willfullness of the violation and whether any negligence was involved;

    (ii) The seriousness of the violation in terms of potential or actual damage to land and structures, irreparable harm to the environment, or hazard to the health or safety of the public;

    (iii) The history of violations at the particular mine site;

    (iv) Any demonstrated good faith by the operator in attempting rapid compliance after notification of the violation; and

    (v) The effect of the violation on reclamation of the affected area.

  (3) 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.

  (4) 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.

(c) If an operator fails to correct a violation within the time for compliance specified by a notice or order issued under Sec. 15-508(c) or (e) of this subtitle, the Secretary shall assess a civil penalty of not less than $750 for each subsequent day up to 30 days thereafter during which the violation continues, and may assess the penalty beyond that time.

(d) The Department may waive assessment of the civil penalty required by subsection (c) of this section when a violation was issued for the failure of the operator to submit:

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

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

  (3) The backfilling and planting report required under Sec. 15-513 of this subtitle; or

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

#### Section 15-522

Whenever a corporation or limited liability company violates any rule or regulation promulgated under Sec. 15-503 of this subtitle, any permit issued pursuant to this subtitle, or fails to correct a violation within the time specified by a notice or order issued under Sec. 15-508(c) or (e) of this subtitle, any officer, director or agent of the corporation or limited liability company who willfully and knowingly authorized, ordered or carried out the violation or failure shall be subject to the penalty provisions of Sec. 15-520(b) and Sec. 15-521(b) and (c) of this subtitle.

#### Section 15-523

(a) On application of the Department, acting through the Attorney General, verified by oath, the circuit court for the county where a mining operation is located may, by appropriate order, enforce compliance with or enjoin the violation of any order, notice, rule, regulation or permit of the Department issued under this subtitle.

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

#### Section 15-524

(a) Nothing in this subtitle shall be construed as affecting in any way the right of any person to enforce or protect his interest in water resources affected by open-pit mining.

(b) Before the release of all bonds on a permit, the operator of an open-pit mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such open-pit mine operations.

(c)

  (1) 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.

  (2) 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.

  (3) On request from the operator, the Department shall use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under Sec. 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.

(d)

  (1) 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 Sec. 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.

  (2) 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.

(e)

  (1) 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.

  (2) 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 Sec. 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.

(f)

  (1) 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.

  (2) 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.

  (3)

    (i) 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 operator has replaced the water supply, the operator may request reimbursement from the Department for the actual direct costs incurred by the operator to replace the water supply.

    (ii) The request shall be in writing, signed by the operator, and shall include a statement of the actual direct costs incurred by the operator to replace the water supply, and a statement that the operator is not eligible for reimbursement for all or any part of the costs for which reimbursement is requested from any other source.

    (iii) The Department shall reimburse the operator for the operator's eligible costs to replace the water supply from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under Sec. 15-505(e) of this subtitle.

(g)

  (1) 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.

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

#### Section 15-525

No person may engage in or be directly responsible for blasting or the use of explosives in open-pit mining operations without being certified by the Department. The Department shall establish a program providing training, examination and certification.

#### Section 15-526

For the purpose of any hearing required by this subtitle, the Department is authorized to administer oaths, subpoena witnesses, or written or printed materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the operator in the general vicinity. A verbatim record of each hearing required by this subtitle shall be made unless waived by all parties, and a transcript made available on the motion of any party or by order of the Department.

#### Section 15-527

(a) An employee of the State of Maryland who performs any function or duty under this subtitle may not have a direct or indirect financial interest in any open-pit or deep mining operation. For purposes of this section, prohibited financial interests shall be determined in accordance with federal regulations adopted under the federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).

(b) This section is intended to be read in conjunction with and to supplement the provisions of the Maryland Public Ethics Law, but in the event of any conflict, the requirements of this section shall prevail.

(c) Any person who knowingly violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $2,500 or imprisonment for not more than 1 year or both.

#### Section 15-528

(a) Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle:

  (1) 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

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

(b) An action may not be commenced under subsection (a) of this section:

  (1) 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

  (2) 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.

(c) The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle.

(d) This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail.

#### Section 15-529

If any provision of this subtitle or the applicability thereof to any person or circumstances is held invalid, the remainder of this subtitle and the application of such provision to other persons or circumstances shall not be affected thereby.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)