reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  15-825 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-825 - Forfeiture of Bond

    (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.
MD. Environment Code Ann. §  15-826 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-826 - Mining After Forfeiture of Bond

    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 § 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.
MD. Environment Code Ann. §  15-827 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-827 - Annual Mining and Reclamation Reports

    (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.
MD. Environment Code Ann. §  15-828 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-828 - Inspection and Approval of Reclamation

    (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 § 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.
MD. Environment Code Ann. §  15-829 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-829 - Abandoned or Halted Operations

    (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.
MD. Environment Code Ann. §  15-830 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-830 - Final Completion Inspection and Report

    (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 § 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 § 15-822(b) of this subtitle.
MD. Environment Code Ann. §  15-831 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-831 - Specifications for Construction Projects

    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.
MD. Environment Code Ann. §  15-832 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-832 - Civil Action and Injunction

    (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.
MD. Environment Code Ann. §  15-833 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-833 - Inapplicability of Subtitle

    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.
MD. Environment Code Ann. §  15-834 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 8 - Surface Mining|Section 15-834 - Exemptions

    (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.
MD. Environment Code Ann. §  15-902 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 9 - Interstate Mining Compact|Section 15-902 - Commission to File Copies of Bylaws With Department

    In accordance with Article V (i) of the compact, the Commission shall file copies of its bylaws and any amendments thereto with the Department of the Environment.
MD. Environment Code Ann. §  15-1001 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 10 - Penalties and Fines|Section 15-1001 - Enumeration

    (a)    Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court.    (b)    Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.    (c)    In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
MD. Environment Code Ann. §  15-1101 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1101 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Board” means Board of Public Works.    (c)    “Department” means the Department of the Environment.    (d)    “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property.
MD. Environment Code Ann. §  15-1102 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1102 - Legislative Intent; Administration of Abandoned Mine Reclamation Program

    It is the intention of the General Assembly to promote the reclamation of mined areas left without adequate reclamation which continue to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger use of land or water resources, or endanger the health or safety of the public. To accomplish these objectives, the Department is hereby authorized to administer an abandoned mine reclamation program consistent with the requirements of the federal Surface Mining Control and Reclamation Act.
MD. Environment Code Ann. §  15-1103 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1103 - Funds

    (a)    Except for funds deposited in the Acid Mine Drainage Abatement and Treatment Fund under subsection (b) of this section, any funds the Department receives pursuant to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 shall be deposited, together with any other funds appropriated for the purposes of this subtitle, in a special fund on the books of the Comptroller of the Treasury in an account known as the “Federal–State Reclamation Fund”. The Department shall use the funds to accomplish the purposes of this subtitle in accordance with the provisions of this subtitle. The provisions of this subtitle shall apply only to the “Federal–State Reclamation Fund”.    (b)    (1)    There is an Acid Mine Drainage Abatement and Treatment Fund in the Department.        (2)    Funds granted to the Department for acid mine drainage abatement and treatment under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be deposited by the Department into the Acid Mine Drainage Abatement and Treatment Fund.        (3)    Funds deposited into the Acid Mine Drainage Abatement and Treatment Fund, together with all interest earned on those funds, shall remain available until expended and may not revert to the General Fund.        (4)    The Department may expend funds deposited into the Acid Mine Drainage Abatement and Treatment Fund and any interest accrued only to abate and treat acid mine drainage in accordance with the provisions of Title IV of the federal Surface Mining Control and Reclamation Act.
MD. Environment Code Ann. §  15-1104 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1104 - Rules and Regulations; Cooperative Projects

    (a)    The Department is authorized to promulgate and enforce any rules and regulations necessary for the administration of this subtitle.    (b)    The Department may enter into cooperative projects with other states or governmental bodies in order to carry out the purposes of this subtitle.
MD. Environment Code Ann. §  15-1105 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1105 - Development of Reclamation Plan; Federal Approval; Application for and Use of Funds

    (a)    The Department is authorized to develop a reclamation plan in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, and to submit such plan to the federal government for approval pursuant to that Act.    (b)    Subsequent to federal approval of the reclamation plan, the Department may apply for and accept any and all funds available for reclamation, and shall administer them in accordance with the provisions of this subtitle. Such funds may be used for all costs related to elimination of the adverse effects of past coal mining practices, including but not limited to, planning and engineering costs, costs of plans, specifications, surveys, investigations and feasibility studies, construction and inspection costs, actual operation and maintenance costs of permanent facilities, and all administrative expenses.
MD. Environment Code Ann. §  15-1106 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1106 - Priorities in Expenditure of Funds; Lands and Water Eligible for Reclamation Expenditures

    (a)    The expenditure of funds available for the purposes of this subtitle shall reflect the following priorities in the order stated:        (1)    The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices;        (2)    The protection of public health, safety, and general welfare from adverse effects of coal mining practices;        (3)    The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;        (4)    Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques;        (5)    The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and        (6)    The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.    (b)    Lands and water eligible for reclamation expenditures under this title are those which were mined for coal, or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and lands and water made eligible through amendments to the federal Surface Mining Control and Reclamation Act of 1977 as amended through October 1, 1994, and for which there is no continuing reclamation responsibility under State or federal law.
MD. Environment Code Ann. §  15-1109 (2021)
2021 Maryland Statutes|Environment|Title 15 - Mines and Mining|Subtitle 11 - Abandoned Mine Reclamation|Section 15-1109 - Department's Right of Entry

    The Department shall have the right to enter upon any property where there is no reasonable expectation of privacy for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.