# COMAR Title 26 — Department of the Environment

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

### Chapter 33 — Permit Suspension, Revocation, and Bond Forfeiture

#### Regulation .02 Persistent Failure to Comply.

*COMAR 26.20.33.02*

A. The Director may determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, on two or more occasions within a 12-month period, a permittee has failed to meet the requirements of a:

  (1) Notice of violation within the time limit set forth in the NOVO;

  (2) Cessation order within the time limit set forth in the order.

B. In making a determination under §A of this regulation, the Director may consider mitigating circumstances, including the severity of departure of a violation from the requirements of the Regulatory Program.

C. The Director shall determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, within a 12-month period, a permittee has failed to meet the requirements of a cessation order issued under COMAR 26.20.31.07B within 30 days from the date the cessation order was issued.