# Environment (GEN)

## Title 15. Mines and Mining

### Subtitle 8. Surface Mining

#### Section 15-801

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

(b) "Affected land" means the land from which the mineral is removed by surface mining, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the surface mining activities of the permittee, including private ways and roads appurtenant to the area, land excavations, workings, refuse piles, spoil piles, and tailings.

(c) "Borrow pit" means an area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance.

(d) "Contiguous" means in actual contact, sharing a common property boundary, or separated only by a stream or the right-of-way of a road or highway.

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

(f) "Land" means the surface of the land upon which surface mining is conducted.

(g) "Landowner" means a person who possesses legal title to the land.

(h) "Licensee" means a person who is authorized by the Department to conduct surface mining and reclamation activities under Sec. 15-807 of this subtitle.

(i) "Minerals" means any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell, soil, and stone. The term does not include coal.

(j) "Mining and reclamation plan" means the permittee's written proposal as required and approved by the Department for the conduct of mining and the reclamation of the affected land.

(k) "Neighboring" means in close proximity or in the immediate vicinity, but not in actual contact.

(l) "Operation" means the pit located upon a single tract of land or a continuous pit embracing or extending upon two or more contiguous tracts of land.

(m) "Overburden" means the strata or material overlying a mineral deposit, or in between mineral deposits in its natural state, and before its removal by surface mining.

(n) "Permittee" means a person who holds a valid permit to conduct surface mining and reclamation operations approved by the Department under Sec. 15-810 of this subtitle.

(o) "Person" means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(p) "Pit" means the place any minerals are being mined by the surface mining method.

(q) "Pre-law surface mine" means a noncoal surface mine which was mined and unreclaimed prior to January 1, 1977.

(r) "Reclamation" means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area including ponds.

(s) "Refuse" means all waste soil, rock, mineral, scrap, tailings, slimes, and other materials directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources.

(t) "Spoil pile" means the overburden and reject materials as piled or deposited in surface mining.

(u) "Surface mining" means all of the following:

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

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

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

(v) "Tract" means a single parcel of land or two or more contiguous parcels of land with common ownership.

(w) "Unreclaimed" means land which has not been rehabilitated for useful purposes or the protection of natural resources.

#### Section 15-802

(a) The General Assembly finds and declares that:

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

  (2) All reasonable steps should be taken:

    (i) To protect these resources from encroachment by other land uses that would make these resources unavailable for future use; and

    (ii) To balance this activity against other possible land uses, including consideration of uses for surrounding properties;

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

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

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

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

(b) This subtitle is an exercise of the police powers of the State for the general welfare of the people of the State, by providing for the protection and conservation of the natural resources of the State and the reclamation of areas of land affected in the surface mining of metallic and nonmetallic minerals other than coal, to aid in the protection of birds and wildlife, to decrease soil erosion, to prevent pollution of rivers, streams, and lakes, to prevent loss or waste of valuable mineral resources, to prevent and eliminate hazards to health and safety, to provide for reclamation of mined areas so as to assure the use of these lands for productive purposes, and generally to provide for the continued use and enjoyment of these lands.

#### Section 15-803

(a) The Department may adopt regulations reasonably necessary for the administration of this subtitle. Regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act.

(b) In adopting regulations under this subtitle, the Department shall recognize the basic and essential resource utilization aspect of the surface mining industry and the importance of the industry to the economic well-being of the State.

#### Section 15-804

(a) The Department shall review mineral resources plan elements developed by local planning commissions under Sec. 1-411 or Sec. 3-107 of the Land Use Article to determine whether the proposed plan is consistent with the programs and goals of the Department.

(b) The Department shall make its determination within 60 days after submission by a local planning commission.

#### Section 15-805

(a) All funds received by the Department from license fees, permit fees, special reclamation fees, the forfeiture of bonds and of cash deposits and securities, and fines collected upon conviction of a permittee or a licensee under Sec.Sec. 15-807(f) and 15-808(k) of this subtitle shall be deposited to the credit of the State Treasurer in a bank the Treasurer designates, and shall be maintained as a special fund on the books of the Comptroller of the Treasury in an account, to be known as the "Surface Mined Land Reclamation Fund". This Fund shall be used by the Department for the administration and implementation of this subtitle, including rehabilitating the area of land affected by the operation upon which liability was charged on the bond.

(b) For the reclamation of pre-law surface mines, the Department may use funds received from the following sources:

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

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

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

(c) The special reclamation fees and the State match established by Sec. 15-808(i) and (j) of this subtitle shall only be used for the reclamation of pre-law surface mines.

#### Section 15-806

The Department may employ qualified surface mine inspectors and other personnel deemed necessary by the Department to enforce the provisions of this subtitle and any rules and regulations adopted under it. The Department shall establish standards of qualification for surface mine inspectors, particularly as regards the disciplines of mining engineering, civil engineering, water quality, geology, hydrology, agronomy, forestry, biology, health, safety, and any other field deemed necessary for qualification.

#### Section 15-807

(a) Except as otherwise provided in this subtitle or Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article, a person may not engage in surface mining within the State without first obtaining a surface mining license.

(b)

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

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

(c)

  (1) The application shall be accompanied by a $400 fee.

  (2)

    (i) A license renewal fee is $150.

    (ii) A license shall be renewable annually.

    (iii) The application for renewal shall be made annually by January 1.

(d) The Department may not issue any new surface mining license or renew any existing surface mining license to any person if it finds, after investigation, that the applicant has failed and continues to fail to comply with any of the provisions of this subtitle.

(e) A license under this section is not required for the following activities:

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

  (2) Operations engaged in processing minerals;

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

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

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

  (6) The extraction of minerals by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner;

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

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

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

(f)

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

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

#### Section 15-808

(a) A licensee may not engage in surface mining within the State except on affected land that is covered by a valid surface mining permit.

(b) The application shall be in writing and on a form prepared and furnished by the Department and shall fully state the information called for. In addition, the applicant may be required to furnish other information the Department reasonably deems necessary in order to enforce this subtitle.

(c) A permit may cover more than one tract of land, if the tracts are contiguous and are described in the application.

(d)

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

    (i) The Department may enter the land, after making a reasonable effort to notify the permittee, the owner, or any subsequent owners, at any reasonable time during the term of the permit and until the performance bond is released, and while on the property, Department personnel shall comply with all government regulations;

    (ii) If a bond forfeiture is ordered, the Department and its representatives and contractors may enter the land and take actions necessary to carry out reclamation which the operator has failed to complete; and

    (iii) The agreement shall be recorded in each county where the land is located as Sec.Sec. 3-102 and 3-103 of the Real Property Article provide at the expense of:

      (1) The Department for an agreement that is executed on or before July 1, 1985; or

      (2) The applicant for any agreement that is executed after July 1, 1985.

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

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

(e) Each application for a permit shall be accompanied by a filing fee required by:

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

  (2) Sec. 15-815 of this subtitle for a modification of a permit;

  (3) Sec. 15-816 of this subtitle for a renewal of a permit; and

  (4) Sec. 15-819 of this subtitle for a transfer of a permit.

(f)

  (1) The fee for an original permit shall be:

    (i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and

    (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year.

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

(g) The fee shall be paid annually during the term of the permit.

(h)

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

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

(i) In addition, before a surface mining permit is issued the applicant shall pay a special reclamation fee of $30 for each acre of land affected. The payment shall be based on the same number of acres as that for which bond is required.

(j) The Governor each year shall place an item in the budget to provide for the matching moneys required by this subsection. These matching funds may be provided by the State in the current budget at the time the permit is issued or in the next succeeding State budget. When all pre-law surface mined lands have been reclaimed, this fee shall cease to be collected.

(k)

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

    (i) Not more than $25,000; and

    (ii) An amount sufficient to cover the cost of reclaiming the affected land.

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

#### Section 15-809

(a) On receipt of an application and accompanying documents, the Department shall review it and make further inquiries, inspections, or examinations as necessary or desirable for proper evaluation. If the Department objects to any part of the application or accompanying documents, it shall notify promptly the applicant by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its objections, setting forth its reasons, and shall afford the applicant a reasonable opportunity to make amendments or take actions required to remove the objections. The Department shall submit a copy of the application and accompanying documents to the Department of Planning for review with respect to matters that are the responsibility of the Department of Planning.

(b) Public notice and informational hearings shall be conducted in accordance with the provisions of Sec. 5-204(b) through (e) of this article.

(c) The Department may waive the notice requirements of this section and the holding of a public informational hearing on an application for a permit that affects an area that is 5 acres or less in size or a permit modification that affects an area that is 20 acres or less in size.

#### Section 15-810

(a) The Department shall approve and grant or deny the permit requested as expeditiously as possible, but not later than 30 days after the application forms or any supplemental information required are filed with the Department. The Department shall process the permit application concurrently with any local or county land use and zoning reviews.

(b) The Department may deny the permit on finding that:

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

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

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

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

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

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

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

    (i) Revocation of his permit;

    (ii) Termination of the operation by order of the Department;

    (iii) Forfeiture of part or all of his bond or other security;

    (iv) Conviction of a misdemeanor under Sec.Sec. 15-807(f) and 15-808(k) of this subtitle; or

    (v) Any other court order issued against the applicant as a result of departmental action; or

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

(c) The Department may not issue the permit until the appropriate county has:

  (1) Completed its review of the proposed land use; and

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

(d) In the absence of any of these findings, a permit shall be granted. However, no permit becomes effective until the applicant has deposited with the Department an acceptable performance bond or other security pursuant to Sec. 15-823 of this subtitle.

(e) Public notice, informational hearings, and judicial review shall be conducted in accordance with the provisions of Sec. 5-204 of this article.

#### Section 15-811

(a) Any permit issued shall be expressly conditioned upon compliance with all requirements of the approved mining and reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards deemed necessary by the Department to assure that the operation will comply fully with the requirements and objectives of this subtitle. The conditions may include a requirement of visual screening, vegetative or otherwise, to screen the view of the operation from public highways, public parks, or residential areas existing at the time of the original application, if the Department finds screening to be feasible and desirable.

(b) Violation of these conditions shall be treated as a violation of this subtitle subject to the remedies and penalties under Sec. 15-808(k), Sec. 15-821, or Sec. 15-832 of this subtitle.

#### Section 15-812

(a) The General Assembly finds that in certain regions of the State dewatering of surface mines located in karst terrain may significantly interfere with water supply wells and may cause in some instances sudden subsidence of land, known as sinkholes. Dewatering in karst terrain may result in property damage to landowners in a definable zone of dewatering influence around a surface mine.

(b) It is the intent of the General Assembly to protect affected property owners in Baltimore, Carroll, Frederick, and Washington counties where karst terrain is found by directing the Department to establish zones of dewatering influence around surface mines in karst terrain and to administer a program requiring permittees to mitigate or compensate affected property owners in these counties.

#### Section 15-813

(a)

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

  (2) "Dewater" or "dewatering" means to pump water out of a pit.

  (3) "Karst terrain" means an irregular topography that is:

    (i) Caused by a solution of limestone and other carbonate rock; and

    (ii) Characterized by closed depressions, sinkholes, caverns, solution cavities, and underground channels that, partially or completely, may capture surface streams.

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

(b)

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

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

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

(c)

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

    (i) Replace, at no expense to the owner of real property that is affected by the surface mine dewatering, a water supply that fails as a result of declining ground water levels;

    (ii) On discovery of a sudden subsidence of the surface of the land, immediately implement appropriate safety measures to protect public health and safety; and

    (iii) On a determination by the Department of proximate cause after the permittee has received proper notice and an opportunity to respond and provide information, pay monetary compensation to the affected property owner or repair any property damage caused as a result of the sudden subsidence of the surface of the land.

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

(d)

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

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

(e)

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

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

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

(f)

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

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

(g)

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

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

(h) The Department shall adopt regulations to establish an administrative process to expedite the resolution of water supply loss or property damage claims arising under this section.

(i) Compensation, restoration, or mitigation provided by this section does not apply to:

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

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

#### Section 15-814

(a) Except as provided in subsection (b) of this section, a surface mining permit shall be granted for such period as requested and deemed reasonable, but not exceeding 25 years. If the mining operation has been completed and the reclamation required under the approved mining and reclamation plan is completed prior to the expiration of the permit, the permit may terminate. Termination of a permit does not relieve the permittee of any obligations which he has incurred under his approved mining and reclamation plan or otherwise. If the permittee wishes to continue operation of his preparation plant, his permit may remain valid but shall be modified.

(b) A permit shall be void if surface mining has not commenced within two years of its issuance.

#### Section 15-815

(a)

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

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

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

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

(b)

  (1) A modification under this section may affect:

    (i) The land area covered by the permit;

    (ii) The approved mining and reclamation plan coupled with the permit; or

    (iii) Other terms and conditions of the permit.

  (2)

    (i) A permit may be modified to include land contiguous to the existing affected land, but not other lands.

    (ii) The mining and reclamation plan may be modified in any manner, if the Department determines that the modified plan fully meets the standards set forth in Sec. 15-822 of this subtitle and that the modifications would be generally consistent with the bases for the issuance of the original permit.

    (iii) Other terms and conditions may be modified only if the Department determines that the permit as modified would meet the requirements of Sec.Sec. 15-808 and 15-810 of this subtitle.

    (iv) A modification may not extend the expiration date of any permit issued under this subtitle.

(c) Except as otherwise provided in subsection (d) of this section, a $150 fee shall be charged for a permit modification.

(d)

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

    (i) $18.50 for each additional acre of affected land over and above the amount of land covered in the original permit for each year of operation, not to exceed $3,000; and

    (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year.

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

(e) The Department shall approve and grant the permit modification requested as expeditiously as possible but not later than 30 days after the application forms or any supplemental information required are filed with the Department.

(f) The Department may deny the permit modification on finding:

  (1) An uncorrected violation of the type listed in Sec. 15-810(b)(7) of this subtitle;

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

  (3) Failure or refusal to pay the modification fee.

(g) If the Department denies an application to modify a permit, the Department shall give the permittee written notice of:

  (1) The Department's determination;

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

  (3) The permittee's right to a hearing at a stated time and place.

(h) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.

#### Section 15-816

(a)

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

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

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

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

    (i) An uncorrected violation of the type listed in Sec. 15-810(b)(7) of this subtitle;

    (ii) Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of renewal; or

    (iii) Failure or refusal to pay the renewal fee.

(b) Application for a renewal of a permit cannot be made any earlier than 1 year prior to the expiration date of the original permit.

(c)

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

    (i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and

    (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year.

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

(d) The fee shall be paid annually during the term of the permit.

(e)

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

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

(f) If the Department denies an application to renew a permit, the Department shall give the permittee written notice of:

  (1) The Department's determination;

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

  (3) The permittee's right to a hearing at a stated time and place.

(g) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.

#### Section 15-817

No modification or renewal of a permit becomes effective until any required changes have been made in the performance bond or other security posted under the provisions of Sec. 15-823 of this subtitle, so as to assure the performance of obligations assumed by the permittee under the permit and the mining and reclamation plan.

#### Section 15-818

In lieu of a modification or renewal, a permittee may apply for a new permit in the manner prescribed by Sec.Sec. 15-808 and 15-822 of this subtitle.

#### Section 15-819

(a) When the interest of a permittee in any uncompleted mining operation is sold, leased, assigned, or otherwise disposed of, the Department may release the first permittee from all liabilities imposed upon him by this subtitle with reference to the operation and transfer the permit to the successor in interest, if both the permittee and the successor in interest have complied with the requirements of this subtitle and the successor in interest assumes the duties and responsibilities of the first permittee with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by Sec. 15-823 of this subtitle.

(b) The successor in interest shall pay a $750 fee on filing a transfer of permit.

(c) The Department shall approve and grant the permit transfer as expeditiously as possible but not later than 30 days after the application forms or any supplemental information required are filed with the Department.

(d) The Department may deny the permit transfer on finding:

  (1) That either permittee has an uncorrected violation of the type listed in Sec. 15-810(b)(7) of this subtitle;

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

  (3) Failure of the successor permittee to pay the transfer fee.

(e) If the Department denies an application to transfer a permit, the Department shall give the permittee and the successor in interest written notice of:

  (1) The Department's determination;

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

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

(f) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the parties mutually agree on another date.

#### Section 15-820

(a) If the Department determines from the inspections of the affected land required by Sec. 15-828 of this subtitle 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 permittee written notice of:

  (1) The Department's determination;

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

  (3) The permittee's right to a hearing on the proposed modification at a stated time and place.

(b) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date. Following 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 deems reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the permittee to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit.

(c) No fee may be charged to the permittee for a departmental modification of the permit.

#### Section 15-821

(a)

  (1) The Department shall serve written notice of a violation on the permittee or person required to have a permit, specifying the facts constituting the apparent violation if the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under this subtitle, or the terms and conditions of a permit, including the approved mining and reclamation plan has occurred.

  (2) The Department also shall inform the permittee or person required to have a permit of the right to a hearing. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order requiring necessary corrective actions be taken within the time prescribed in its order.

(b) Any person that receives a notice of suspension or violation or an order under this section may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. The permittee or person required to have a permit may appear at the hearing, either personally or through counsel, and present evidence. The Department shall render a decision regarding the violation within 30 days from the date of the hearing.

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

(d) Any permittee whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until the permittee has complied fully with:

  (1) The provisions of this subtitle;

  (2) Any regulations adopted under this subtitle; and

  (3) The terms and conditions of the permittee's permit, including any modifications, and the approved mining and reclamation plan, and until the permittee has satisfactorily corrected all previous violations.

#### Section 15-822

(a) The applicant shall submit with his application for a surface mining permit a proposed mining and reclamation plan. The plan shall include at least the following:

  (1) The purpose for which the land previously was used;

  (2) The use which is proposed to be made of the land following reclamation;

  (3) The manner in which the land is to be opened for mining and how the mining activity is to progress across the tract;

  (4) The location of affected areas;

  (5) The manner in which topsoil and subsoil are to be conserved and restored and, if conditions do not permit the conservation and restoration of all or part of the topsoil and subsoil, a full explanation of the conditions and alternate procedures proposed;

  (6) Where backfilling is required, or where the proposed subsequent land use requires fill, the manner in which the compaction of the fill will be accomplished;

  (7) The manner and type of landscaping and screening of the working areas which are exposed to public view during mining;

  (8) The proposed practices to protect adjacent surface resources;

  (9) The specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;

  (10) The manner and type of revegetation or other surface treatment of the affected areas;

  (11) A time schedule that meets the requirements of this section; and

  (12) Maps and any other supporting documents required by the Department to illustrate the above points.

(b) The applicant shall furnish with the mining and reclamation plan, in a reasonable manner satisfactory to the Department, an accurately surveyed topographic map, in duplicate, on a scale of not smaller than one inch equals 200 feet and with a contour interval of spacing appropriate for the area, showing the location of the tract of land to be affected by mining, and representative cross-sections. The surveyed topographic map and cross-sections shall be prepared and certified by a registered professional engineer or registered surveyor and show the boundaries of the proposed affected land, together with the drainage area above and below the area, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, the outcrop line of any mineral deposit to be mined, the location of all buildings within 200 feet of the outer perimeter of the area affected, the names and addresses of the owners and present occupants, the purpose for which each building is used, the name of the owner of the tract where the proposed mining is to occur, and the names of the adjacent landowners, the municipality or district and county and nearest municipality. The topographic map also shall show the locations of test borings or sampling which the operator has conducted or will conduct at the site of the proposed operation. The cross-sections shall include the location of the test borings or sample sites, the nature and depth of the various strata, the thickness of any mineral seam or deposit, an analysis of any mineral deposit or ore, the thickness of the overburden, and an analysis of the overburden. Aerial photographs of the tract of land to be affected by the mining also shall be provided if they are required by the Department. The information resulting from the test borings is confidential information and not a matter of public record. The Department may waive any of the requirements of this subsection if the operator extracts less than 30,000 tons per year or 20,000 cubic yards per year of minerals and the affected area is less than five acres in size.

(c) The plan shall include a summary statement covering:

  (1) The method of compliance with State air and water pollution requirements;

  (2) The method of prevention, elimination, or minimization of conditions that would be hazardous to animal or fish life in or adjacent to the area;

  (3) The method of rehabilitation of settling ponds;

  (4) The method of control of contaminates and disposal of mining refuse; and

  (5) The method of restoring or establishing stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution.

(d) The plan shall provide that reclamation activities, particularly those relating to control of erosion, shall be conducted to the extent feasible simultaneously with mining operations and be initiated at the earliest feasible time after completion or termination of mining on any segment of the permit area. The plan shall provide that reclamation activities be completed promptly and not later than two years after completion of mining on each segment of the area for which a permit is requested unless the Department specifically permits a longer period.

(e) The Department may approve, approve subject to stated modifications, or reject the plan which is proposed. The Department shall approve a reclamation plan, as submitted or as modified, if it finds that the plan adequately provides for timely completion of those actions necessary to achieve the purposes and requirements of this subtitle and that, in addition, the plan meets the following minimum standards:

  (1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials shall be at an angle to minimize the possibility of slides and be consistent with the future use of the land;

  (2) To the extent feasible, the plan shall in all instances reduce safety hazards and provide surface gradients that permit appropriate and reasonably productive use of the land at the completion of the mining;

  (3) Provisions for safety to persons and to adjoining property shall be provided in all excavations;

  (4) In open pit mining operations, all overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and suitable for the proposed subsequent use of the land;

  (5) Suitable drainage ditches or conduits shall be constructed or installed or grading completed to avoid the collection or existence of small pools of water that are, or likely to become, noxious, odious, or foul on the mined area; and

  (6) The type of vegetative cover and methods of its establishment shall be specified and conform to accepted and recommended agronomic and reforestation practices established by the Department. Advice and technical assistance may be obtained through the State soil and water conservation districts.

(f) If conditions do not permit the planting of vegetation on all or part of the affected land, and if these conditions pose an actual or potential threat of soil erosion and siltation, alternative procedures shall be proposed to prevent the threat of soil erosion and siltation. If the procedures do not prevent these conditions, the Department may not approve them.

(g) Lakes, ponds, and marsh land shall be considered adequately reclaimed land when approved by the Department.

#### Section 15-823

(a) After receiving notification from the Department that the application for a permit has been approved, but prior to commencing mining, the applicant shall file with the Department a bond for each mining operation, on a form to be prescribed and furnished by the Department, payable to the State and conditioned that the operator will perform faithfully all the requirements of this subtitle.

(b) The amount of the bond required shall be for a maximum of $1,250 per acre based on the number of acres of affected land covered by the permit. But, a bond may not be filed for less than $8,000. However, the Department shall determine whether the total bond fee is unreasonable and excessive for a particular tract of land and whether a lesser total amount for the bond is sufficient to cover reclamation. In making this determination, the Department shall consider the size of the operation, the amount of land to be mined, the acreage that is unreclaimed at any one time, the proposed method of regrading and revegetation of the site, the proposed use of the land following reclamation, and any other relevant factors.

(c) Liability under the bond shall be for the duration of the mining permit and for a period of 5 years after its expiration, unless previously released in whole or in part, as provided in Sec. 15-824 of this subtitle.

(d) The bond shall be executed by the permittee and corporate surety licensed to do business in the State. In lieu of a corporate surety, one of the following shall be acceptable:

  (1) Deposits of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The permittee making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond;

  (2) A certificate of deposit if it is equivalent to the required bond, issued by a bank 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 accompanied by written agreement of the bank to pay on demand to the State in event of forfeit; or

  (3) An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank 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 for the surface mining and reclamation.

(e) A bond or other security filed as above shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity, to provide a substitute bond or other security which will be effective on the cancellation date indicated in the notice.

#### Section 15-824

(a) On completion of the mining operations, and after the requirements of the permit have been fully complied with, the Department shall release the bond.

(b) An amount of the bond or cash deposit, proportioned to the restored portion of the affected land in ratio to all of the affected land covered by the permit, may be released on application by the permittee and inspection and approval by the Department.

#### Section 15-825

(a) The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the permittee 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 upon revocation of the permit. The Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited.

(b) On the permittee's showing of cause, the Department shall provide for a reasonable time, for the permittee to restore the land to comply with the permit.

(c) On failure of the permittee to show cause, the bond or cash deposit shall be forfeited nisi, and notice by the Department shall be given to the permittee and legal owner of the land if different from the permittee and surety of the forfeiture. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days from the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.

(d) On an absolute forfeiture, the Department shall use the funds made available by the forfeiture to reclaim the affected land as promptly and completely as possible.

#### Section 15-826

No permittee may conduct surface mining within the State if the permittee previously has forfeited any bond posted pursuant to surface mining activities, unless on application the permittee repays the Department the cost of reclamation if the Department had reclaimed the land, plus interest at the rate set as Sec. 11-107(a) of the Courts and Judicial Proceedings Article provides, for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the permittee shall reclaim the land covered by the forfeited bond at the permittee's expense, including any additional erosion, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.

#### Section 15-827

(a) The permittee shall file an operations and progress report with the Department by March 31 of each year, on a form prescribed and furnished by the Department, which shall cover the preceding calendar year and shall:

  (1) Identify the mine, the permittee, and the permit number;

  (2) Identify the location of the operation as to county, district, nearest municipality, and nearest public road;

  (3) Report the type of mineral produced, the volume produced, and the value of production of each for the previous year. Individual company data is confidential and may be released only with the permittee's written consent;

  (4) State the acreage disturbed by surface mining during the previous year;

  (5) State and describe the amount and type of reclamation carried out during the previous year;

  (6) Estimate the acreage to be newly disturbed by mining in the next year; and

  (7) Provide any additional information or maps which the Department reasonably requires.

(b) In addition, at the end of each calendar year the permittee shall furnish to the Department a new surveyed map, showing the status of the operation and indicating the area affected and reclaimed during the preceding year, particularly with relation to the property lines and boundaries shown on the map and survey furnished with the original application. A registered professional engineer or professional surveyor is not required to prepare this progress report map. However, if prepared by the permittee, the map shall be of reasonable quality, accuracy, and legibility, and acceptable to the Department.

#### Section 15-828

(a) At any reasonable time which the Department elects, but at least once a year, the Department shall cause each permit area to be inspected to determine if the permittee has complied with the mining and reclamation plan, the requirements of this subtitle, any rules and regulations adopted under it, the terms and conditions of the permit, and if the current status of the operation conforms with the most recent annual progress report. Accredited representatives of the Department at any reasonable time may enter on the land subject to the permit to inspect and investigate it but while on the property, Department personnel shall comply with all governmental safety regulations.

(b) The permittee shall proceed with reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of any deficiencies noted. The permittee shall proceed with mining and reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee of any deficiencies noted. Upon failure by the permittee to correct these deficiencies, the Department may take action to suspend or revoke the permit as provided in Sec. 15-821 of this subtitle.

(c) If the Department finds that reclamation of the permit area is not proceeding in accordance with the mining and reclamation plan, or if the Department finds that reclamation has not been properly completed in conformance with the mining and reclamation plan within two years or longer if authorized by the Department, after termination of mining on any segment of the permit area, or if the permittee has not complied with corrective requirements following revocation of a permit, it shall initiate forfeiture proceedings against the bond or other security filed by the permittee.

#### Section 15-829

(a) An operation is considered abandoned if no mineral has been produced or overburden removed for a period of one year, and the permittee has vacated the site of the operation covered by the permit without having complied with all the requirements of the mining and reclamation plan, verified by inspection and written report made by the Department. If the permittee, within 30 days after receiving notification from the Department terming the operation abandoned, does not submit sufficient evidence to the Department that the operation in fact is not abandoned and a reasonable timetable satisfactory to the Department regarding plans for the reactivation of the operation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.

(b) An operation is considered halted if active work has ceased temporarily due to weather conditions, market conditions, or other reasonable cause explained in writing by the permittee to the satisfaction of the Department, and accompanied by a statement that the permittee fully intends to resume active operation when the adverse conditions have passed. All necessary pollution controls shall be properly maintained during this period. No operation may be halted for a period exceeding 24 consecutive months. On failure of the permittee to resume mining or initiate reclamation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.

#### Section 15-830

(a) On completion of reclamation of an area of affected land, the permittee immediately shall notify the Department. The Department shall make an inspection of the area, and if it finds that the permittee has not completed to the Department's reasonable satisfaction all the reclamation required by the permit, the Department shall order the permittee to do so at once and shall reinspect the area following completion of the work. If the Department finds that reclamation has been completed properly and if the Department has received the final reclamation report required under subsection (b) of this section, it shall notify the permittee in writing and release the permittee from further obligations regarding the affected land. At the same time it shall release all or the appropriate portion of any performance bond or cash deposit which the permittee has posted under Sec. 15-823 of this subtitle.

(b) The permittee shall furnish a final reclamation report which includes the following:

  (1) The terms of the original surface mining permit and all subsequent modifications;

  (2) A summary of the original mining and reclamation plan and all subsequent modifications;

  (3) A statement summarizing any departures from the mining and reclamation plan and the reasons for them;

  (4) A statement summarizing any problems encountered during the progress of mining work or reclamation work, and the measures taken to correct these problems;

  (5) The total acreage of land disturbed and reclaimed;

  (6) The status or condition of areas progressively reclaimed since the initiation of mining work in the area; and

  (7) A final map that is consistent with the original mining and reclamation map required by Sec. 15-822(b) of this subtitle.

#### Section 15-831

Architects, engineers, or other persons preparing specifications for construction projects, which specifications include the requirement that the construction contractor supply fill for the project, shall include within the specifications a specific reference to this subtitle and the rules and regulations pertaining to it adopted by the Department. If this reference is omitted from the specifications and reclamation and planting of the land is required under this subtitle, any contract based on the specifications may be amended, at the option of the construction contractor, to allow a reasonable price for the reclamation and planting of the land in accordance with a plan acceptable to the Department.

#### Section 15-832

(a) In addition to the State prosecuting a criminal action under any provision of this subtitle, the Attorney General may bring a civil action in the circuit court of the county or city where the mining operation is located against any person who violates any provision of this subtitle or any regulation, permit, notice, or order issued under this subtitle. The circuit court may find the violator liable to the State for a penalty not exceeding $5,000 for each offense. Each day on which the violation occurs constitutes a separate offense.

(b) On application of the Department, verified by oath or affirmation, the circuit court of the county or city where the mining operation is located, may enforce by injunction compliance with, or restrain the violation of any order, notice, permit, rule, or regulation of the Department made pursuant to the provisions of this subtitle or restrain the violation or attempted violation of any of the provisions of this subtitle.

#### Section 15-833

This subtitle, including reclamation requirements, does not apply to surface mining operations or mined lands in existence on the effective date, July 1, 1975, nor to their continuance and extension for 18 months from that date, but subsequent operations of existing surface mines may be continued only by permit of the Department under the provisions of this subtitle.

#### Section 15-834

(a)

  (1) The provisions of this subtitle do not apply to activities of the State Highway Administration, any county roads department in the State, any legally constituted public governing entities such as municipal corporations, or to activities of any person acting under contract with any of these public agencies or entities, on highway rights-of-way or borrow pits owned, operated, or maintained solely in connection with the construction, repair, and maintenance of the public roads systems of the State or other public facilities.

  (2) This exemption does not become effective until the public agencies or entities have adopted reclamation standards applying to the activities and the standards are approved by the Department.

(b) The provisions of this subtitle do not apply to mining on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land.

(c) Any or all of the provisions of this subtitle do not apply in any county if the Secretary determines that the county laws are as restrictive as the provisions of this subtitle with respect to regulating surface mining, reclamation and revegetation procedures, abandoned areas, and bonding requirements.

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