reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-603 - Powers and Duties of Secretary Generally

(a)    The Secretary shall adopt rules and regulations for prevention of water pollution or damage to the land surface resulting from deep mining operations. The rules and regulations shall include standards and procedures for ensuring reclamation or sealing of mined areas after operations cease.
(b)    The Secretary may study and recommend and shall approve all procedures for reclamation, conservation, and revegetation of affected areas, including mine opening sealing, prevention or reclamation of subsidence damage, underground fires, disposition of spoil, restoration of plant cover, prevention of erosion, prevention of the creation of acid water, and any other actions that will ensure conservation and beneficial utilization of the natural resources of the State.
(c)    The Secretary shall review all mining and reclamation plans, progress reports, inspection reports, and completion reports.
(d)    The Secretary may enter to inspect any deep mine operation to determine reclamation progress, conservation, and water quality conditions and investigate for violations of this subtitle.
(e)    In order to protect the stability of land, the Secretary shall suspend deep mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if the Secretary finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities.
(f)    The surface effects of deep mining shall be subject to the applicable provisions of Subtitle 5 of this title and any rules or regulations adopted pursuant thereto.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-605 - License

(a)    A person may not continue or commence operation of any deep mine as an operator within the State without first obtaining a license from the Department.
(b)    The application for a license shall be made in writing on a form the Department furnishes and accompanied by a $200 fee. The application shall contain the information concerning the applicant that the Department requires. If a corporation, partnership, or association submits the application, it shall contain the information concerning officers, directors, and principal owners that the Department requires. Subject to subsection (c) of this section, a license is renewable annually on application made on or before January 1 of the next succeeding year and payment of a $10 renewal fee.
(c)    (1)    The Secretary shall investigate each application for a license or renewal.
(2)    The Secretary may not issue a license to or renew the license of an applicant if the Secretary finds that the applicant:
(i)    Failed to correct a violation of any rule or regulation adopted under this subtitle;
(ii)    Failed to comply with any provision of this subtitle; or
(iii)    Forfeited any bond posted in connection with deep mining activities in any state.
(3)    With respect to an application of a corporation, partnership, or association, the Secretary may not issue a license to or renew the license of the applicant, if the Secretary finds that any of its officers, directors, or principal owners:
(i)    Failed and continues to fail to comply with any provision of this subtitle;
(ii)    Is or has been an officer, or principal owner of any other corporation, partnership, or association that previously failed and continues to fail to comply with any provision of this subtitle; or
(iii)    Forfeited any bond posted in connection with deep mining activity in any state.
(4)    The provisions of this subsection are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-609 - Transfer of Permit

(a)    When, by sale, lease, assignment, or otherwise, one operator succeeds to the interest of another in any uncompleted mining operation, the Department may release the first operator from all liabilities imposed on him by this subtitle with reference to the operation and transfer the permit to the successor operator, if both operators have complied with the requirements of this subtitle and the successor operator assumes the duties and responsibilities of the first operator with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by § 15-612 of this subtitle.
(b)    The successor operator shall pay a $20 fee on filing a transfer of permit.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-610 - Activities Not Meeting Requirements of Subtitle

(a)    If the Department determines that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the operator written notice of:
(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 operator’s right to a hearing on the proposed modification at a stated time and place.
(b)    The hearing shall be held within 60 days after written notice is forwarded to the operator. After the hearing, the Department may modify the mining and reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in another manner it considers reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the operator to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit.
(c)    A fee may not be charged to the operator for a departmental modification of the permit.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-611 - Violations

(a)    If the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under it, or the terms and conditions of a permit, including the approved mining and reclamation plan, has occurred, the Department shall serve written notice of a violation on the operator, specifying the facts constituting the apparent violation and inform the operator of his right to a hearing at a stated time and place. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order until the violation is corrected.
(b)    The hearing shall be held within 45 days after the notice is forwarded to the operator. The operator may appear at the hearing, either personally or through counsel, and present evidence on his behalf. The Department shall render a decision regarding the violation within ten days after the hearing.
(c)    The Department may revoke the permit if the violation is not corrected.
(d)    Any operator whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until he has complied fully with the provisions of this subtitle, the rules and regulations adopted under it, and the terms and conditions of his permit, including any modifications and the approved mining and reclamation plan, and until he has satisfactorily corrected all previous violations.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-612 - Bond

(a)    (1)    After receiving notification that an application for a permit has been approved, but before commencing deep mining operations, the operator shall file a bond with the Department.
(2)    Before commencing operations on an additional opening not included in the original bond made in the application for a permit, the operator shall post an additional bond or deposit. The operator also shall submit additional information that would have been required to be included with the original application for a permit. On receipt of the additional bond or deposit and the additional material, the Secretary may issue an amended permit covering any additional opening covered by the additional bond.
(b)    The bond shall be on a form prescribed and furnished by the Department, payable to the State of Maryland, and conditioned on faithful performance of the requirements of this subtitle by the operator.
(c)    The amount of the bond shall be equal to the amount the Department determines to be the cost of reclamation of the affected area. Liability under the bond shall be for the duration of the mining operation, and for a period of five years after the mine has been completed, provided that a bond may not be fully released until all requirements of this subtitle, regulations adopted in accordance with this subtitle, and permit conditions have been met.
(d)    The bond shall be executed by the operator and by a corporate surety approved by the Department.
(e)    (1)    The operator may elect to deposit cash, a certificate of deposit from a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, or negotiable bonds of the United States government with the Department in lieu of a corporate surety. The cash deposit or market value of the securities may not be less than the required sum of the bond.
(2)    On receipt of any deposit of cash or securities, the Secretary immediately shall forward it to the State Treasurer, who shall receive and hold it in the name of the State in trust for the purpose for which the deposit is made.
(3)    The operator 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 required sum of the bond.
(f)    On submission of the annual progress report required by § 15-615 of this subtitle, the Secretary may adjust the amount of the bond or security required from the operator to assure completion of reclamation work.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-613 - Forfeiture of Bond or Deposit

(a)    The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the operator to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or on revocation of the permit. The Department shall notify the operator by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The operator has 30 days to show cause why the bond or cash deposit should not be forfeited.
(b)    If the operator shows cause, the Department shall provide a reasonable time, but not less than six months, for the operator to restore the land to comply with the permit.
(c)    If the operator fails to show cause, the bond or cash deposit shall be forfeited nisi, and the Department shall give notice of the forfeiture to the operator, to the legal owner of the land if different from the operator, and to the surety. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days after the forfeiture nisi, the bond or cash deposit shall be forfeited absolute.
(d)    (1)    Funds received from forfeiture on bonds shall be deposited in the Deep Mining Fund and be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform.
(2)    Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by deep mining.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-614 - Operation After Forfeiture

An operator may not conduct deep mining within the State if he previously has forfeited any bond posted pursuant to deep mining activities, unless, on application, the operator repays to the Department the cost of reclamation, if the Department has reclaimed the land with interest at the current rate for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the operator shall reclaim the land covered by the forfeited bond at his own expense, including any additional erosional, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-615 - Monthly Progress Report; Annual Report; Updating Map Information; Surcharge; Inaccurate Maps

(a)    By the twenty-fifth day of each month, a deep mine operator shall file a monthly progress report with the Secretary on a form furnished by the Secretary. In the report, the operator shall indicate the total area affected, number of mine openings, tonnage of coal removed, and changes in this information over previous months. An annual report shall be furnished to the Secretary not later than February 25 of each year for the preceding year covering facts the Secretary may require regarding the production and condition of the operation during the calendar year preceding. The operator also shall update the information on the maps previously supplied with the permit application.
(b)    On the basis of the approved annual and monthly progress or completion reports the Secretary shall assess a 15-cent surcharge for each ton of coal removed during the past year. Nine cents of the amounts collected from each ton of coal removed shall be retained by the Secretary and 6 cents shall be remitted directly to the county in which the coal was removed.
(c)    Every six months the operator of each mine shall cause to be accurately shown on the map and on the copies any extension of any portion of the mine, which was made during the intervening period, and any portion of the mine and mine workings, discontinued or abandoned.
(d)    If the district mine inspector reasonably believes that any map of any mine or copy furnished to him under the provisions of this section is inaccurate, he may order a survey of what he believes has been mapped incorrectly. The cost of the survey is recoverable from the operator as other debts are recoverable by law. However, if the map claimed to be inaccurate is found to be sufficiently accurate for its intended purpose, the reasonable cost of the survey is payable by the State.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-616 - Completion Report

(a)    Within 30 days after an operation is abandoned or completed, the operator shall file with the Department a completion report on a form prescribed and furnished by the Secretary.
(b)    The operator shall attach to the completion report:
(1)    A map of the operation certified by a surveyor or engineer that shows the boundary lines of the tract and the access to the operation from the nearest public highway;
(2)    The area of land affected by the deep mining operation; and
(3)    Details of the completed reclamation work.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-618 - Penalty

Any operator who mines coal by the deep mining method without having a permit or amended permit or without providing bond as provided in this subtitle, who knowingly or intentionally includes false information in the application for a permit, or who does not fully comply with the permit or adopted rules and regulations is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 7 - Abandoned Mine Drainage Control Act › Section 15-701 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Board of Public Works.
(c)    “Costs” means the costs of acquisition, improvement, development, rehabilitation, construction, reconstruction and development of land and facilities and its financing, including the cost of engineering and legal services, appraisals, plans, specifications, surveys, investigations, feasibility studies, estimates of costs and revenues, and other necessary or incidental capital expenditures.
(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.
(e)    “Studies” means the collection, analysis, and preparation of information, alternatives, and recommendations to permit the State or any of its political subdivisions singly or jointly to determine a course of action to meet the purposes of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 7 - Abandoned Mine Drainage Control Act › Section 15-702 - Legislative Intent; Authority of Secretary to Prevent, Control, and Abate Water Pollution; Rules and Regulations

(a)    It is the intention of the General Assembly to provide for the restoration of State waters affected by pollution from any abandoned mine to the quality necessary to support fish and other aquatic life, recreation, and other beneficial purposes. To accomplish this objective, the Secretary may acquire and rehabilitate land occupied or degraded by any abandoned deep or strip mine to prevent the land from contributing to water pollution and take whatever other measures are necessary to prevent, control, and abate water pollution from any abandoned mining area.
(b)    The Secretary may promulgate rules and regulations to implement the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 7 - Abandoned Mine Drainage Control Act › Section 15-704 - Use of Proceeds of Mine Reclamation and Water Quality Restoration Loan of 1970; Acquisition, Sale, Transfer, Gift of Land; Abandoned Mine Drainage Capital Fund

(a)    Proceeds from the Mine Reclamation and Water Quality Restoration Loan of 1970 shall be credited on the books of the State Comptroller to be expended exclusively to finance the costs of acquisition, improvements, or rehabilitation of land and acquisition, construction, reconstruction, extension, and improvement of facilities in connection with the prevention, control, and abatement of pollution of the waters of this State from abandoned deep or strip mines, including the prevention of drainage. The proceeds of the loan may be expended for: (1) improvement or rehabilitation, including drainage prevention, of land owned by the State or a political subdivision and occupied or degraded by an abandoned strip mine or deep mine; or (2) acquisition, improvement, or rehabilitation, including drainage prevention, of private land occupied or degraded by abandoned mines. However, the proceeds may not be used to improve, rehabilitate, or prevent drainage from any land that the State or a political subdivision does not own, unless the owner of the land contributes to the cost an amount at least equal to the increase in the value of the land resulting from improvement or rehabilitation. This amount or the manner of determining this amount and the manner of payment shall be determined by the Secretary. The owner of the land need not pay the increase in the value of the land resulting from the improvement or rehabilitation until such time as the land use is changed from agriculture or other open space use.
(b)    Land acquired under the provisions of this subtitle may be sold to a private person, retained by the State, or transferred to a political subdivision after the land has been rehabilitated and water pollution from the land has been controlled. Every purchase, sale, and/or transfer of land is by action of the Board who may promulgate rules and regulations governing the transactions. The Board may accept gifts of land from any private citizen, group, quasi-public organization, or political subdivision in order to accomplish the purposes of this subtitle. Land acquired by the State by gift, after rehabilitation and control of water pollution, either may be sold or retained by the State or transferred to a political subdivision as directed by the Board. Any money received from the sale of land acquired under this section shall be deposited in the treasury and constitutes a permanent special fund known as the “Abandoned Mine Drainage Capital Fund”. The money in the Fund may be utilized only for the same purposes as the proceeds of the loan authorized by this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 7 - Abandoned Mine Drainage Control Act › Section 15-705 - Cooperation by Department With Other State Agencies and Political Subdivisions

The Department may cooperate with any other State unit or political subdivision and expend funds jointly for any water pollution control project undertaken under the provisions of this subtitle where the objectives of the project may be achieved better or economy realized by a cooperation and joint action, or where the cooperation and joint action is in the public interest.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-802 - Legislative Intent

(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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-803 - Regulations

(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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-804 - Review of Mineral Resources Plans

(a)    The Department shall review mineral resources plan elements developed by local planning commissions under § 1–411 or § 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-805 - Surface Mined Land Reclamation Fund

(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 §§ 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 § 15–808(i) of this subtitle or any other source.
(c)    The special reclamation fees and the State match established by § 15–808(i) and (j) of this subtitle shall only be used for the reclamation of pre–law surface mines.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-806 - Surface Mine Inspectors

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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-807 - Surface Mining License

(a)    Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license.
(b)    An application for a license shall be in writing and on a form prepared and furnished by the Department. If the application is made by a corporation, partnership, or association it shall contain information concerning its officers, directors, and principal owners, as the Department reasonably requires.
(c)    The application shall be accompanied by a $300 fee. The license shall be renewable annually, and the renewal fee is $150. 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)    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. The fine shall be paid to the Surface Mined Land Reclamation Fund.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-809 - Review of Application and Accompanying Documents; Notice; Hearing

(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 § 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-810 - Approval or Denial of Permit

(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 §§ 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 § 15–823 of this subtitle.
(e)    Public notice, informational hearings, and judicial review shall be conducted in accordance with the provisions of § 5–204 of this article.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-811 - Conditions for a Permit

(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 § 15-808(k), § 15-821, or § 15-832 of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-812 - Dewatering in Karst Terrain; Legislative Intent; Zones of Dewatering Influence Established; Program Established

(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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-814 - Length of Term of Permit

(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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-815 - Permit Modification

(a)    Any permittee engaged in surface mining under a surface mining permit may apply at any time for modification of the permit. The application shall be in writing on forms furnished by the Department and fully state the information called for. In addition, the applicant may be required to furnish other information the Department reasonably deems necessary to enforce this subtitle. However, it is not necessary to resubmit information which has not changed since the original application, if the applicant so states in writing.
(b)    A modification under this section may affect the land area covered by the permit, the approved mining and reclamation plan coupled with the permit, or other terms and conditions of the permit. A permit may be modified to include land contiguous to the existing affected land, but not other lands. 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 § 15-822 of this subtitle and that the modifications would be generally consistent with the bases for the issuance of the original permit. Other terms and conditions may be modified only if the Department determines that the permit as modified would meet the requirements of §§ 15-808 and 15-810 of this subtitle. No modification may extend the expiration date of any permit issued under this subtitle.
(c)    Except as otherwise provided in subsection (d) of this section, a $100 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 $12 for each additional acre of affected land over and above the amount of land covered in the original permit, for each year of operation.
(2)    The additional fee may not exceed $1,000 per year.
(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 § 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-816 - Permit Renewal

(a)    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, except that it is not necessary to resubmit information which has not changed since the time of the original application, if the applicant so states in writing. However, the applicant may be required to furnish other information the Department deems necessary to evaluate the renewal request. 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:
(1)    An uncorrected violation of the type listed in § 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 renewal; or
(3)    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)    Except as otherwise provided in subsection (d) of this section, the fee to be charged for a permit renewal shall be $12 for each acre of affected land for each year of operation, but not exceeding $1,000 per year.
(d)    The fee shall be paid annually during the term of the permit.
(e)    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. 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-817 - Effective Date of Modification or Renewal

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 § 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-819 - Transfer of Permit

(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 § 15-823 of this subtitle.
(b)    The successor in interest shall pay a $500 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 § 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.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 8 - Surface Mining › Section 15-820 - Departmental Modification of Permit or of Mining and Reclamation Plan

(a)    If the Department determines from the inspections of the affected land required by § 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.