# COMAR Title 26 — Department of the Environment

## Subtitle 20 — Surface Coal Mining and Reclamation Under Federally Approved Program

### Chapter 17 — Existing Structures

**Authority:** Environment Article, §15-503, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01, .02, and .03 were previously codified as COMAR 08.13.09.20A, B—E, and F, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.

**Administrative History:** Chapter recodified from COMAR 08.20.17 to COMAR 26.20.17, June 1996

#### Regulation .01 Description.

*COMAR 26.20.17.01*

A. The permit application shall contain a description of each existing structure proposed to be used in connection with an operation.

B. The description shall include:

  (1) Location;

  (2) Plans of the structure which describe its current condition;

  (3) Approximate dates on which construction of the existing structure was begun and completed; and

  (4) A showing, including relevant monitoring data or other evidence, that the structure meets either the performance standards of the Regulatory Program, or those performance standards of the Interim Regulatory Program which are at least as stringent as the performance standards of the Regulatory Program.

#### Regulation .02 Compliance with Performance Standards.

*COMAR 26.20.17.02*

A. Each structure shall comply with the performance standards and the design requirements of the Regulatory Program, except that an existing structure may be exempted from the design requirements if it meets:

  (1) The performance standards of the Regulatory Program; or

  (2) Those performance standards of the Interim Regulatory Program which are at least as stringent as the comparable performance standards of the Regulatory Program.

B. The Bureau may grant exemptions, only as part of the permit application process, if it finds that no significant harm to the environment or public health or safety will result from use of the structure.

C. An existing structure which does not meet a performance standard of the Regulatory Program, or a performance standard of the Interim Regulatory Program which is at least as stringent as the comparable performance standard of the Regulatory Program, shall be modified or reconstructed to meet the design standard of the Regulatory Program pursuant to a compliance plan, submitted by the applicant and approved by the Bureau, that includes:

  (1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of the Regulatory Program;

  (2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

  (3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of the Regulatory Program are met; and

  (4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

D. Before issuance of the permit, the Bureau must find that:

  (1) The compliance plan under §C of this regulation will bring the existing structure into compliance not later than 6 months after issuance of the permit;

  (2) The risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and

  (3) The applicant will monitor the structure to determine compliance with the performance standards of the Regulatory Program.

#### Regulation .03 Existing Structure.

*COMAR 26.20.17.03*

A. If the Bureau finds that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon and reclaim the existing structure.

B. The structure may not be used for or to facilitate surface coal mining operations after the effective date of issuance of the Regulatory Program permit.

C. Abandonment of the structure shall proceed on a schedule approved by the Bureau.