Title 15. Mines and Mining — Subtitle 6. Deep Mine Control

In this subtitle the following words have the meanings indicated.

“Abandoned” means an operation from which coal has not been removed for a six-month period.

“Affected area” means: (i) the land within the permit area from which coal is removed and which is occupied by pillars; (ii) all land adjacent to the mine openings utilized by the operator; and (iii) off-site disposal areas.

“Completed” means an operation where backfilling, sealing, revegetation, and other requirements of the permit have been accomplished.

“Deep mining” means the extraction of coal through underground mining methods, including gaining access to the coal deposits by means of vertical or inclined shafts, by drift mining from the coal outcrop, or by other means that do not involve the stripping away of overburden to expose the deposit.

“Mine opening sealing” means adequate sealing of a mine so that discharge from the mine is not or will not become injurious to animal or aquatic life or to use of water for domestic or industrial consumption or recreation or does not or will not violate water quality or effluent standards.

“Opening” means a passage into a coal bed that is used for haulage, traveling ways, ventilation, or removal or introduction of water.

“Operator” means any person, partnership, or corporation who removes or intends to remove more than 250 tons of coal from the earth by deep coal mining within 12 consecutive calendar months in any one location.

“Subsidence” means the sinking or settling of a land surface area from beneath which coal has been extracted.

The Secretary shall adopt rules and regulations for prevention of water pollution or damage to the land surface resulting from deep mining operations. The rules and regulations shall include standards and procedures for ensuring reclamation or sealing of mined areas after operations cease.

The Secretary may study and recommend and shall approve all procedures for reclamation, conservation, and revegetation of affected areas, including mine opening sealing, prevention or reclamation of subsidence damage, underground fires, disposition of spoil, restoration of plant cover, prevention of erosion, prevention of the creation of acid water, and any other actions that will ensure conservation and beneficial utilization of the natural resources of the State.

The Secretary shall review all mining and reclamation plans, progress reports, inspection reports, and completion reports.

The Secretary may enter to inspect any deep mine operation to determine reclamation progress, conservation, and water quality conditions and investigate for violations of this subtitle.

In order to protect the stability of land, the Secretary shall suspend deep mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if the Secretary finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities.

The surface effects of deep mining shall be subject to the applicable provisions of Subtitle 5 of this title and any rules or regulations adopted pursuant thereto.

A person may not continue or commence operation of any deep mine as an operator within the State without first obtaining a license from the Department.

The application for a license shall be made in writing on a form the Department furnishes and accompanied by a $200 fee. The application shall contain the information concerning the applicant that the Department requires. If a corporation, partnership, or association submits the application, it shall contain the information concerning officers, directors, and principal owners that the Department requires. Subject to subsection (c) of this section, a license is renewable annually on application made on or before January 1 of the next succeeding year and payment of a $10 renewal fee.

A person may not continue or commence operation of any deep mine as an operator after January 1, 1977 without first obtaining a permit from the Secretary.

The application for a permit shall be on a form prescribed by the Secretary and shall be accompanied by a $200 fee. As part of the application, the operator shall include: (1) two copies of an accurate map or plan as required by subsection (i) of this section; (2) a detailed mine opening sealing plan and general reclamation plan for the affected area; (3) any other information required by the Secretary; and (4) an application for each other permit required for the operation by the Environment Article.

A permit issued under this subtitle is valid for a period of up to five years from its issuance or until the operation is completed or abandoned, unless the Department suspends or revokes the permit or unless the permittee requests a change in operations.

A permit is renewable on application and payment of a $200 fee.

A permit may not be issued to any operator for the purpose of mining any abandoned mine or part of it that has been sealed in compliance with this subtitle, unless a detailed projected mining plan in the form of a cost-benefit analysis is submitted to and approved by the Secretary. The Secretary may not approve a plan unless the plan shows that a continuation of mining would not affect adversely the current environmental balance of the area and would be advantageous for the more complete recovery and utilization of the natural resources.

The operator of any coal mine in the State shall make, or cause to be made by a competent mining engineer or surveyor, an accurate map of the mine for each seam of coal worked, on a scale of not less than 200 feet to the inch, which shows:

Nothing in this subtitle shall be construed as affecting the right of any person to enforce or protect that person’s interest in water resources affected by deep mining.

The operator of a deep mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from deep mining operations.

When, by sale, lease, assignment, or otherwise, one operator succeeds to the interest of another in any uncompleted mining operation, the Department may release the first operator from all liabilities imposed on him by this subtitle with reference to the operation and transfer the permit to the successor operator, if both operators have complied with the requirements of this subtitle and the successor operator assumes the duties and responsibilities of the first operator with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by § 15-612 of this subtitle.

The successor operator shall pay a $20 fee on filing a transfer of permit.

If the Department determines that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the operator written notice of:

The hearing shall be held within 60 days after written notice is forwarded to the operator. After the hearing, the Department may modify the mining and reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in another manner it considers reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the operator to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit.

A fee may not be charged to the operator for a departmental modification of the permit.

If the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under it, or the terms and conditions of a permit, including the approved mining and reclamation plan, has occurred, the Department shall serve written notice of a violation on the operator, specifying the facts constituting the apparent violation and inform the operator of his right to a hearing at a stated time and place. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order until the violation is corrected.

The hearing shall be held within 45 days after the notice is forwarded to the operator. The operator may appear at the hearing, either personally or through counsel, and present evidence on his behalf. The Department shall render a decision regarding the violation within ten days after the hearing.

The Department may revoke the permit if the violation is not corrected.

Any operator whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until he has complied fully with the provisions of this subtitle, the rules and regulations adopted under it, and the terms and conditions of his permit, including any modifications and the approved mining and reclamation plan, and until he has satisfactorily corrected all previous violations.

The bond shall be on a form prescribed and furnished by the Department, payable to the State of Maryland, and conditioned on faithful performance of the requirements of this subtitle by the operator.

The amount of the bond shall be equal to the amount the Department determines to be the cost of reclamation of the affected area. Liability under the bond shall be for the duration of the mining operation, and for a period of five years after the mine has been completed, provided that a bond may not be fully released until all requirements of this subtitle, regulations adopted in accordance with this subtitle, and permit conditions have been met.

The bond shall be executed by the operator and by a corporate surety approved by the Department.

On submission of the annual progress report required by § 15-615 of this subtitle, the Secretary may adjust the amount of the bond or security required from the operator to assure completion of reclamation work.

The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the operator to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or on revocation of the permit. The Department shall notify the operator by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The operator has 30 days to show cause why the bond or cash deposit should not be forfeited.

If the operator shows cause, the Department shall provide a reasonable time, but not less than six months, for the operator to restore the land to comply with the permit.

If the operator fails to show cause, the bond or cash deposit shall be forfeited nisi, and the Department shall give notice of the forfeiture to the operator, to the legal owner of the land if different from the operator, and to the surety. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days after the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.

By the twenty-fifth day of each month, a deep mine operator shall file a monthly progress report with the Secretary on a form furnished by the Secretary. In the report, the operator shall indicate the total area affected, number of mine openings, tonnage of coal removed, and changes in this information over previous months. An annual report shall be furnished to the Secretary not later than February 25 of each year for the preceding year covering facts the Secretary may require regarding the production and condition of the operation during the calendar year preceding. The operator also shall update the information on the maps previously supplied with the permit application.

On the basis of the approved annual and monthly progress or completion reports the Secretary shall assess a 15-cent surcharge for each ton of coal removed during the past year. Nine cents of the amounts collected from each ton of coal removed shall be retained by the Secretary and 6 cents shall be remitted directly to the county in which the coal was removed.

Every six months the operator of each mine shall cause to be accurately shown on the map and on the copies any extension of any portion of the mine, which was made during the intervening period, and any portion of the mine and mine workings, discontinued or abandoned.

If the district mine inspector reasonably believes that any map of any mine or copy furnished to him under the provisions of this section is inaccurate, he may order a survey of what he believes has been mapped incorrectly. The cost of the survey is recoverable from the operator as other debts are recoverable by law. However, if the map claimed to be inaccurate is found to be sufficiently accurate for its intended purpose, the reasonable cost of the survey is payable by the State.

Within 30 days after an operation is abandoned or completed, the operator shall file with the Department a completion report on a form prescribed and furnished by the Secretary.

The operator shall attach to the completion report: