reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-308 - Certificate Fee; Issuance and Contents of Certificate; Lost or Destroyed Certificate

Upon payment to the State of a certificate fee of $1, each successful applicant shall be entitled to a certificate signed by the examining authority. The certificate shall state the name, age, and residence of the person certified, the position for which the person qualified, and the person’s experience. A photograph furnished by the certificate holder shall be mounted on the certificate across which shall be impressed the seal and signature of the examining authority. A certificate may not be transferred. If the certificate is lost or destroyed, the examining authority, when satisfied of the loss or destruction, shall supply the certificate holder with a copy of it, on payment to the State of a fee of 50 cents.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-309 - Forged or Counterfeit Certificates or Permits

A person may not forge or counterfeit a certificate or permit of competence, or any official copy, or knowingly make or cause to be made any false statement in any certificate, permit, or any official copy provided for by this subtitle, or urge another to do so, or knowingly use any forged or false certificate, permit, or official copy, or knowingly make, give, alter, or produce, or use any false declaration, representation, or statement in any certificate, permit, or official copy or obtain any certificate, permit, or any document containing the official copy.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-310 - Cancellation or Suspension of Certificate or Permit of Competence; Obtaining New Certificate or Permit

(a)    A person holding a certificate or permit of competence may be charged with violation of law, fraud, intemperate habits, incapacity, or other good cause for cancellation or suspension of the certificate or permit. The charge shall be in writing and filed with the Director of the Bureau.
(b)    A certificate or permit of competence may be canceled or suspended only by the examining authority. Except as provided in subsection (d) of this section, a certificate or a permit may be canceled or suspended only after a hearing at which the person charged has the right to appear. The hearing shall be held within 30 days after the receipt of the charges by the examining authority, which shall give the person charged written notice of the charge at least 15 days prior to the hearing. A hearing of the examining authority shall be on the call of its chairman.
(c)    If the examining authority is satisfied that the certificate or permit holder has become unworthy to hold it by reason of violation of law, fraud, intemperate habits, incapacity, or other good cause, it may cancel or suspend the right to use the certificate or permit for a period not longer than two years.
(d)    The provisions of subsections (b) and (c) of this section to the contrary notwithstanding, if the Director of the Bureau is satisfied that a person, if allowed to continue to hold a certificate or permit, may commit or permit an act to be committed, or permit a condition, that would tend to endanger the lives or health of any person employed in or about a mine, the Director may suspend the right of the certificate or permit holder to use the certificate or permit. The suspension may not be for more than 30 days or until the examining authority acts pursuant to this section, whichever is sooner. The Director of the Bureau shall give notice of action to the certificate or permit holder, and to the certificate or permit holder’s employer.
(e)    A person whose certificate or permit of competence has been canceled or suspended is eligible to take an examination for a new certificate or permit two years after the date of the cancellation or suspension.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-311 - Dangerous Conditions

(a)    If any matter, thing, or practice in, about, or connected with any mine may become dangerous or defective and endangers the bodily safety of any person, the Bureau may give written notice to the mine operator by way of a special order. The order shall state in detail the matter, thing, or practice which may become dangerous or defective, and require its correction, suggesting changes as conditions may require. If the matter, thing, or practice involves the safety of a mine or a considerable portion of a mine, and the mine operator after receipt of this order neglects or refuses to take immediate steps to remedy the matter, thing, or practice, the Bureau may institute proceedings before the circuit court for the county in which the affected mine is located, to restrain the operator from operating the mine until he complies with the safety order. The court shall proceed immediately to hear and determine fully the case, and may make any order confirming, modifying, enforcing, or vacating the safety order as is just and proper. The cost may be awarded as the court directs.
(b)    If the Bureau discovers or learns there is an imminent danger existing in all or part of a mine, it shall order immediately the person then in charge of the mine to remove at once every person from where the danger exists. If the person in charge of the mine fails to comply with the order, the Bureau shall take whatever steps it deems necessary to remove or have removed every person from the place where the danger exists. Every person shall remain out of all or that portion of the mine until the danger is ended.
(c)    In addition to any other authority conferred in this title, the Bureau may enter and inspect any mine to determine the conditions of safety in that mine. If the Bureau finds the mine unsafe or operated in an unsafe manner, it shall order the unsafe condition corrected immediately. If the mine owner or operator fails to correct the unsafe condition, the mine shall be closed until the condition is corrected.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-312 - Continuing Education

All first-class mine foremen and fire-boss certificate holders shall be subject to continuing education every 3 years. The continuing education shall emphasize mine health and safety legislation and regulations, advances in mining technology, and advances in first aid that have occurred since the certificate holder’s most recent examination. All first-class mine foremen and fire-boss certificates issued prior to July 1, 1980 shall expire no later than July 1, 1983 unless reissued in accordance with this section.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 3 - Examination, Licensing, Inspection, and Supervision of Mining Activity › Section 15-313 - Reciprocal Recognition of Certificates

(a)    The Director may enter into an agreement with an agency responsible for the regulation of coal mining in another state to provide for the recognition in Maryland of mine foreman and fire-boss certificates or other certifications issued by that state if:
(1)    The Director determines that the certification requirements of that state are substantially equivalent to the corresponding Maryland requirements; and
(2)    The other state provides reciprocal recognition of certificates issued by the Bureau.
(b)    (1)    An individual who holds a mine foreman certificate, fire-boss certificate, or other certification issued by an agency of another state that has entered into an agreement under subsection (a) of this section may apply to the Bureau for reciprocal certification.
(2)    An applicant for reciprocal certification shall submit to the Bureau:
(i)    An application on the form provided by the Bureau;
(ii)    A copy of the applicant’s mine foreman certificate, fire-boss certificate, or other certification issued by the other state; and
(iii)    Any other information that the Bureau requires.
(c)    The examining authority:
(1)    Shall review an application submitted under subsection (b) of this section;
(2)    In accordance with the agreement entered into under subsection (a) of this section, may require that the applicant satisfy any additional requirements that the Bureau establishes for reciprocal certification; and
(3)    If the applicant qualifies for reciprocal certification, may require the applicant to pay a fee to the State comparable to the fee for a certificate issued under other provisions of this subtitle.
(d)    An individual to whom a reciprocal certificate is issued under this section shall promptly notify the Bureau if the state which issued the original mine foreman certificate, fire-boss certificate, or other certification that was a basis for the reciprocal certification suspends, revokes, or takes other disciplinary action against the original certificate.
(e)    The holder of a reciprocal certificate is subject to the jurisdiction of the Bureau in the same manner as the holder of:
(1)    A mine foreman certificate or fire-boss certificate issued under this subtitle; or
(2)    Any other certification recognized under this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-401 - Duties of Mine Operators

(a)    Each operator shall notify the Bureau immediately in the manner the Bureau prescribes if:
(1)    Any change occurs in the name of the operator of a mine, an executive official concerned with its operation, or in the designation of the mine;
(2)    A mine has been abandoned or work discontinued;
(3)    Work has commenced for the purpose of opening a new mine. The notice shall include sketch maps outlining the plans intended to be pursued in the opening;
(4)    The working of a mine is resumed after an abandonment or discontinuance for a period exceeding two months; or
(5)    A squeeze, crush, or fire occurs, or a dangerous body of water, explosive, or noxious gas is found.
(b)    Each operator shall obtain from the Bureau and keep accessible at the mine a supply of the printed laws, rules, regulations, notices, forms, and record books required by law. He shall see that this material is delivered to every worker.
(c)    At least once a week, each operator shall require the superintendent or managing official in charge of the mine to examine, read, and countersign in ink any report the mine foreman enters in the mine record book. If the person finds on examination or otherwise that the law is being violated, he shall stop any violation immediately. Each operator shall require the superintendent or other managing official in charge of the mine, and any other official in whatever capacity, to comply with the provisions of this subtitle, and especially not to obstruct the mine foreman or any other official in the execution of his duties. The operator, or a representative other than the mine foreman, shall visit every working place in each mine once every 60 days in order to note the condition of each place.
(d)    Each operator shall assist the Bureau and its officers in making any proper inspection. He shall execute promptly every proper order made under the provisions of this subtitle. An operator may not willfully neglect or refuse to obey any order, or interfere with the Bureau or any agent in the proper discharge of its or his duties.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-403 - Fire Bosses

(a)    The operator of every gassy mine shall employ a sufficient number of fire bosses. Each fire boss shall satisfy the operator of his competence, and shall have first obtained a certificate of competence from the examining authority as prescribed in this title.
(b)    Any mine foreman holding a first-class certificate of competency may act as fire boss. In an emergency, any fire boss, properly certified, may act as assistant mine foreman until a regularly qualified person is employed.
(c)    The operator shall provide a permanent station at or near the principal entrance of the mine, indicated plainly by legible signs, where the fire boss shall give information regarding the state of the mine to each worker before he goes on his shift. When the working portion of any mine is 1 mile or more from the entrance to the mine or from the bottom of the shaft or slope, a station, with the approval of the district mine inspector, may be located near the workings. No one, except the mine foreman, fire boss, or someone expressly authorized in an emergency, may pass beyond the station until every part of the mine has been examined and reported safe. The fire boss may not permit any unauthorized person to enter into or remain in any portion of a mine through which a dangerous accumulation of gas is being passed into the ventilating current from any portion of the mine. He shall report any violation of this provision to the mine foreman. When the station of the fire boss is located at a distance within the mine convenient to portions being worked, the operator shall wall off any abandoned workings, whether finished or not, from the main intake and manway heading or passageway of the mine by a stopping of masonry or concrete, sufficiently heavy to keep explosive or noxious gas from entering the intake air at any point between the fire bosses’ station and the entrance to the mine.
(d)    Suitable duplicate record books shall be kept at the mine office on the surface and at the fire bosses’ permanent station. They shall be accessible to the district mine inspector and any worker at the mine. The fire boss shall enter and sign in ink a full daily report of each day’s examination stating clearly the approximate amount and location of explosive or noxious gas in the mine. The report also shall state clearly the nature and location of any danger discovered in any place in the mine, and whether it has been reported immediately to the mine foreman. The mine foreman shall read and countersign the report each day.
(e)    A fire boss may not neglect to make any examination required, fail to report any danger discovered, knowingly report falsely on any condition within the mine, or fail or neglect to make the reports required.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-404 - Protection and Safety of Mine Employees; Employee's Duties to Other Employees

(a)    A person may not work in any mine until he has satisfied the operator that he can do the work allotted to him without endangering the lives of his fellow workers, unless the person works with an experienced miner or other qualified person who instructs the person how to perform his duties safely and properly.
(b)    Each miner shall examine his working place before commencing work. After any stoppage of work during the shift he shall repeat this examination. If any part of the roof needs propping, he shall prop it and may not commence or resume work until it is made safe. Each miner shall be very careful to keep his working place in a safe condition at all times.
(c)    Each miner immediately shall cease work if he finds his place has become dangerous from any cause or condition beyond his power to remedy. Upon leaving the place, he shall install a plain danger signal at the entrance to warn other persons from entering. He shall immediately notify the mine foreman, and may not return until notified by the mine foreman that the danger has been removed.
(d)    Each worker at any mine shall notify the mine foreman or other official of any unsafe condition, including unsafe conditions of any working place, haulage road, or traveling way, or of damage to doors, brattices, or of obstructions to any air passage or failure in the ventilation which may become known to him.
(e)    A person intentionally or carelessly may not damage any safety lamp, instrument, air course, or brattice, or without authority handle, remove, or damage any fencing, means of signalling, apparatus, or machinery, or obstruct or throw open airways, or enter a place in or about any mine against caution, or carry fire, open lights, matches, pipes, or other smokers’ articles in a gassy mine, or open any door the opening of which is forbidden, or disobey any order given in carrying out the provisions of this subtitle or rule or regulation pursuant to it, or do any other act whereby the lives or health of persons employed or the security of the mine property is endangered.
(f)    Each employee shall observe in and about the mine any special duty relating to the security of life or property as the Bureau, by classes of employment, defines and requires by rule or regulation.
(g)    The mine operator shall direct the attention of each worker to the general and special rules and regulations and to any exit and escapeway of the mine in which he works.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-405 - Mine Disasters

(a)    If a mine disaster occurs, the proper State and federal inspection authorities shall be notified promptly. All facilities of the mine shall be made available for recovery operations.
(b)    After a disaster, when the mine has been placed in condition to operate, an inspection of the entire mine shall be made by State and federal coal mine inspectors. If the inspection discloses any dangerous condition, the mine may not resume operation until the condition is corrected.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-406 - Reports of Mine Accidents

(a)    The operator of each coal mine shall report monthly to the district mine inspector, on forms the Bureau provides, all required information regarding any fatal and serious accident that has occurred in and about the mine.
(b)    If any district mine inspector receives notice that a fatal accident has occurred at any mine, he shall go immediately to the mine to investigate the cause of the accident and report in writing to the Bureau. A copy of the report shall be sent to the operator of the mine. The district mine inspector may require the attendance of witnesses, and administer oaths and affirmations to them. If any person neglects or refuses to obey the summons of the inspector, or to testify, except when his refusal is privileged, the inspector shall certify the person for neglect or refusal to the circuit court for the county in which the investigation is held. The court may punish the neglect or refusal as a contempt. The costs of any investigation shall be paid by the county in which the accident may occur, on the warrant of the Director of the Bureau.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 4 - Rules and Regulations Governing Mining Activity › Section 15-407 - Pozzolan

(a)    In this section, “pozzolan” means the finely divided residue which results from combustion of ground or powdered coal and is released by combustion gases, as defined by the test methods published by the American Society for Testing Methods.
(b)    (1)    Any person who uses pozzolan for landfill shall do so in a manner which complies with sound engineering practices.
(2)    Any person who uses pozzolan for landfill, structural building, soil improvement, agriculture, soil conditioning, or land reclamation shall minimize dust and wind erosion and shall comply with all silt control regulations and permit requirements of the Department.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-502 - Declaration of Policy

This subtitle is an exercise of the police powers of the State for the general welfare of the people, by providing for the protection and conservation of the natural resources of the State and the improvement of areas of land and communities affected in the mining of bituminous coal by the open-pit, strip mining, or auger mining method. Its purpose is:
(1)    To aid in the protection of wildlife and restore these lands to productive purposes while decreasing soil erosion;
(2)    To aid in preventing pollution of rivers and streams;
(3)    To prevent combustion of unmined coal;
(4)    To provide for reclamation of the stripped areas;
(5)    To improve generally the use and enjoyment of these lands; and
(6)    To improve generally the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-503 - Rules and Regulations Generally

(a)    The Bureau may make and enforce any rule and regulation necessary to prevent, minimize, or repair damage to the land or the natural resources associated with the land which may result from any open-pit mining operation.
(b)    The Department is authorized to administer a surface mining control program consistent with the requirements of the federal Surface Mining Control and Reclamation Act, any amendments to that Act, and any rule or regulation promulgated under that Act.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-506 - Designation of Areas as Unsuitable for Strip Mining

(a)    The Department shall establish a process to determine which, if any, land areas are unsuitable for all or certain types of surface coal mining operations. A surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will:
(1)    Be incompatible with existing State or local land use plans or programs;
(2)    Affect fragile or historic lands in which such operations could result in significant damage of important historic, cultural, scientific, and esthetic values and natural systems;
(3)    Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long–range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas; or
(4)    Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.
(b)    The Department shall designate an area as unsuitable for all or certain types of coal surface mining operations if the Department determines that reclamation as required by this subtitle is not technologically and economically feasible.
(c)    Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated unsuitable for surface coal mining operations or to have such a designation terminated. A petition shall describe the petitioner’s interest and contain allegations of fact and other supporting data. Within 10 months after receipt of the petition the Department shall hold a public hearing in the county in which the area is located, after publication of the time and place of such a hearing. Prior to the hearing any person may intervene by filing allegations of facts with supporting evidence. Within 60 days after such hearing, the Department shall issue a written decision regarding the petition, and the reasons therefor.
(d)    Prior to designating any land areas as unsuitable for surface coal mining operations, the Department shall prepare a detailed statement on (1) the potential coal resources of the area, (2) the demand for coal resources, and (3) the impact of such designation on the environment, the economy, and the supply of coal.
(e)    The Department shall condition all permits in order to protect lands identified or under study pursuant to this section. Once an area has been designated unsuitable for certain types of surface coal mining, the Department may not issue a permit to conduct such operations on that area. The Department shall determine the point in time at which the filing of a petition under this section shall act to stay issuance of a permit applied for under § 15–505 of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-509 - Mine Reclamation Surcharge; Bond Supplement Surcharge

(a)    On the basis of the approved monthly reports of coal produced submitted under § 15–508 of this subtitle, the Department shall assess a 15 cent mine reclamation surcharge for each ton of coal removed by the open–pit or strip method.
(b)    Of the amount assessed under subsection (a) of this section:
(1)    An amount equal to 9 cents for each ton of coal produced for the month shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and shall be administered in accordance with §§ 15–515, 15–516, and 15–517 of this subtitle; and
(2)    An amount equal to 6 cents for each ton of coal produced for the month shall be remitted to the fiscal authority of the county in which the coal was removed.
(c)    The provisions of subsection (b)(2) of this section may not apply for a month when the provisions of § 15–517(b) or (e) of this subtitle apply.
(d)    On the basis of the approved monthly reports of coal produced that are submitted under § 15–508 of this subtitle, the Department shall assess a 2 cent bond supplement reserve surcharge for each ton of coal removed by the open–pit or strip method, which amount shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and administered in accordance with §§ 15–515, 15–516 and 15–517 of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-510 - Grading; Sealing Off Openings; Impounding Water; Backfilling and Planting Generally; Alternative Plans for Reclamation; Interference With Operator

(a)    Each operator shall comply with the requirements of this section.
(b)    (1)    The operator shall regrade in a manner the Department establishes by rule and regulation and in accordance with the approved reclamation plan. Any regrading shall include, but is not limited to, backfilling, compacting (where necessary to insure stability or prevent leaching of toxic materials), and regrading to restore to the approximate original contour of the affected area with all highwalls, spoil piles, and depressions eliminated, unless depressions are approved by the Department to prevent erosion and retain moisture to assist revegetation.
(2)    All spoil from a permitted area shall be reclaimed within that permitted area or placed on abandoned mine land in a manner approved by the Department. Spoil from a permitted area may not be placed on abandoned mine land if it is needed to achieve the approximate original contour within that permitted area or to meet other permit requirements.
(c)    The operator shall seal off with a material approved by the Department each opening from an underground mining operation at the base of the final cut. The seal shall be constructed in a way to avoid creating danger from impoundment of any large quantity of water.
(d)    If the operator proposes to impound water to provide a lake or pond for wildlife, recreational, or other water supply purposes, he shall file a formal request with the Department and receive approval before the pond or lake is created.
(e)    An operator, with the written approval of the landowner, may propose an alternative plan for reclamation if the land can be used for suitable purposes. The alternate plan shall be submitted to the Department as part of the mining and reclamation plan.
(f)    Unless the operator obtains the prior written approval of the Department, all backfilling described in the approved reclamation plan shall be completed before backfilling equipment is moved from the operation.
(g)    An owner of either surface rights or mineral rights may not interfere with an operator in the discharge of any duties imposed by this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-514 - Revocation of Permit and Forfeiture on Bond

(a)    (1)    If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing.
(2)    (i)    If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing.
(ii)    Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
(3)    If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle.
(4)    If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits:
(i)    All rights and claims to the permit;
(ii)    All materials furnished with the application for the permit; and
(iii)    Any subsequent amendments to the permit.
(b)    (1)    If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment.
(2)    If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond.
(3)    The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-514.1 - Reissuance of Permit to Another Qualified Operator

(a)    In this section, “permit” includes all areas approved in the application for mining.
(b)    A permit that has been revoked under § 15-514(a) of this subtitle may be reinstated for the sole purpose of reissuing all or part of the permit to another qualified operator in accordance with subsection (c) of this section.
(c)    In order to be qualified to obtain a reissued permit under this section, an operator shall:
(1)    Provide to the Director proof of the right to mine as required by § 15-505(g) of this subtitle;
(2)    Enter into an agreement with the Department to assume the duties and responsibilities of the permit and to conduct mining operations in accordance with the requirements of this subtitle, regulations issued under this subtitle, and the conditions of the permit;
(3)    File with the Department a performance bond as required under § 15-507 of this subtitle; and
(4)    Provide to the Director any other information required to reissue the permit in accordance with this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-516 - Water Supply Replacement Reserve

(a)    The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a reserve to be used to replace water supplies that are determined to have been affected by an open-pit mining operation, after all the bonds under § 15-507 of this subtitle covering the operation that affected the water supply have been released in accordance with § 15-507 of this subtitle.
(b)    One cent of the mine reclamation surcharge that the Department assesses for each ton of coal removed by the open-pit or strip method under § 15-509 of this subtitle shall be paid into the water supply replacement reserve.
(c)    (1)    When the amount of the reserve equals or exceeds $50,000, payment of the 1 cent into the reserve shall end temporarily.
(2)    When the amount of the reserve is reduced below $25,000 because of payment made under this section, payment of the 1 cent into the reserve shall resume.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-517 - Bond Supplement Reserve

(a)    The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a bond supplement reserve to be used if funds received from the forfeiture of bonds under § 15-514 of this subtitle are not sufficient:
(1)    To reclaim the land affected by the operation on which the liability was charged on the bond; and
(2)    To perform:
(i)    The requirements of this subtitle;
(ii)    The requirements of regulations adopted under this subtitle; and
(iii)    Any permit condition that the operator has failed to perform.
(b)    The Secretary shall deposit to the credit of the bond supplement reserve the following funds:
(1)    A portion of the assessment under § 15-509(b)(1) of this subtitle equal to 2 cents for each ton of coal produced for the month;
(2)    The amount of the assessment under § 15-509(b)(2) of this subtitle; and
(3)    The amount of the assessment under § 15-509(d) of this subtitle.
(c)    When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.
(d)    The assessment under § 15-509(d) of this subtitle shall end temporarily for any month when:
(1)    The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month;
(2)    An amount equal to the amount paid to the bond supplement reserve under subsection (b)(1) of this section from the assessment under § 15-509(d) of this subtitle has been credited to the Bituminous Coal Open-Pit Mining Reclamation Fund; and
(3)    An amount equal to the amount paid to the bond supplement reserve under subsection (b)(2) of this section from the assessment under § 15-509(d) of this subtitle has been remitted to the fiscal authority of the county in which the coal was removed.
(e)    At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000:
(1)    The assessment under § 15-509(d) of this subtitle shall resume; and
(2)    Deposits into the bond supplement reserve of the amounts in subsection (b)(1), (2), and (3) of this section shall resume.
(f)    The Secretary shall notify each county when remitting or suspending the remittance of the amount under § 15-509(b)(2) of this subtitle.
(g)    The Secretary shall meet and confer with the Land Reclamation Committee at least 30 days before procuring any services for which funds from the bond supplement reserve will be used, and shall provide the Committee an opportunity to submit comments and recommendations about the proposed expenditure.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-519 - Assumption of Certain Costs by Department

(a)    If the Department finds that the probable total annual production at all locations of a surface coal mining operator will not exceed 300,000 tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the Department, shall be assumed by the Department upon written request of the operator in connection with a permit application:
(1)    The determination of probable hydrologic consequences required by § 15-505(c)(4) of this subtitle, including engineering analyses and designs necessary for the determination;
(2)    The development of cross-section maps and plans required by § 15-505(c)(7) of this subtitle;
(3)    The geologic drilling and statement of results of test borings and core samplings required by § 15-505(c)(3) of this subtitle;
(4)    The collection of any archaeological and historical information required by the Department and the preparation of plans necessitated thereby;
(5)    Preblast surveys required by the Department; and
(6)    The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this subtitle.
(b)    The Department shall provide or assume the cost of training coal operators that meet the qualifications in subsection (a) of this section concerning the preparation of permit applications and compliance with the Maryland Surface Mining Control Program, and shall ensure that qualified coal operators are aware of the assistance available under this section.
(c)    A coal operator that receives assistance pursuant to this section shall reimburse the Department for the cost of the services rendered if the Department finds that the operator’s actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-520 - Penalties Under Subtitle

(a)    Any person who mines coal by the open-pit mining method as an operator without having applied for and received a license as provided in this subtitle is guilty of a misdemeanor. On conviction, he is subject to a fine of not less than $5,000 and not exceeding $10,000, or imprisonment not exceeding six months, or both.
(b)    Any person who mines coal by the open-pit mining method without having received a permit, as provided in this subtitle, who mines coal by the open-pit mining method without securing an amended permit, who mines coal by the open-pit mining method without furnishing the proper bond required by this subtitle, who knowingly or intentionally submits false information to the Department, or knowingly fails to make any statement, representation, or certification in any document required to be filed with the Department, or who does not fully comply with every provision and requirement of this subtitle or any rule, regulation, permit, notice or order issued pursuant thereto, is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $10,000 or by imprisonment for not more than 1 year or both.
(c)    Any person who mines coal by the open-pit or strip method on any land the State owns in violation of § 15-505 of this subtitle without a permit the Bureau issues is guilty of a misdemeanor and upon conviction is subject to a fine of not less than $1,000 and not exceeding $10,000 or imprisonment not exceeding two years, or both. A separate offense shall exist for each day a violation occurs.
In addition to any fine imposed, every person convicted of violating § 15-505 shall pay the Director a sum sufficient to reclaim the area mined.
(d)    Any fine imposed under this subtitle by the District Court shall be paid to the State. A fine imposed by the circuit court for any county shall be paid to the Bituminous Coal Open-Pit Mining Reclamation Fund. A fine imposed under this section and paid into the Fund shall be used for the sole purpose of foresting or reclaiming land affected by open-pit mining of bituminous coal.
(e)    Any person who shall willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties under this subtitle shall be guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $5,000 or by imprisonment for not more than 1 year or both.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-522 - Liability of Officers or Agents for Corporate Violations

Whenever a corporation or limited liability company violates any rule or regulation promulgated under § 15-503 of this subtitle, any permit issued pursuant to this subtitle, or fails to correct a violation within the time specified by a notice or order issued under § 15-508(c) or (e) of this subtitle, any officer, director or agent of the corporation or limited liability company who willfully and knowingly authorized, ordered or carried out the violation or failure shall be subject to the penalty provisions of § 15-520(b) and § 15-521(b) and (c) of this subtitle.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-523 - Enforcement or Enjoining Violation of Order, Notice, Rule, Regulation, or Permit

(a)    On application of the Department, acting through the Attorney General, verified by oath, the circuit court for the county where a mining operation is located may, by appropriate order, enforce compliance with or enjoin the violation of any order, notice, rule, regulation or permit of the Department issued under this subtitle.
(b)    The provisions of this section 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 5 - Strip Mining › Section 15-526 - Oaths and Subpoenas; Record of Hearing

For the purpose of any hearing required by this subtitle, the Department is authorized to administer oaths, subpoena witnesses, or written or printed materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the operator in the general vicinity. A verbatim record of each hearing required by this subtitle shall be made unless waived by all parties, and a transcript made available on the motion of any party or by order of the Department.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-527 - State Employees Not to Have Financial Interest

(a)    An employee of the State of Maryland who performs any function or duty under this subtitle may not have a direct or indirect financial interest in any open-pit or deep mining operation. For purposes of this section, prohibited financial interests shall be determined in accordance with federal regulations adopted under the federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).
(b)    This section is intended to be read in conjunction with and to supplement the provisions of the Maryland Public Ethics Law, but in the event of any conflict, the requirements of this section shall prevail.
(c)    Any person who knowingly violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $2,500 or imprisonment for not more than 1 year or both.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 5 - Strip Mining › Section 15-528 - Civil Actions

(a)    Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle:
(1)    Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or
(2)    Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle.
(b)    An action may not be commenced under subsection (a) of this section:
(1)    Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or
(2)    If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right.
(c)    The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle.
(d)    This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Abandoned” means an operation from which coal has not been removed for a six-month period.
(c)    “Affected area” means: (i) the land within the permit area from which coal is removed and which is occupied by pillars; (ii) all land adjacent to the mine openings utilized by the operator; and (iii) off-site disposal areas.
(d)    “Completed” means an operation where backfilling, sealing, revegetation, and other requirements of the permit have been accomplished.
(e)    “Deep mining” means the extraction of coal through underground mining methods, including gaining access to the coal deposits by means of vertical or inclined shafts, by drift mining from the coal outcrop, or by other means that do not involve the stripping away of overburden to expose the deposit.
(f)    “Mine opening sealing” means adequate sealing of a mine so that discharge from the mine is not or will not become injurious to animal or aquatic life or to use of water for domestic or industrial consumption or recreation or does not or will not violate water quality or effluent standards.
(g)    “Opening” means a passage into a coal bed that is used for haulage, traveling ways, ventilation, or removal or introduction of water.
(h)    “Operator” means any person, partnership, or corporation who removes or intends to remove more than 250 tons of coal from the earth by deep coal mining within 12 consecutive calendar months in any one location.
(i)    “Subsidence” means the sinking or settling of a land surface area from beneath which coal has been extracted.
2023 Maryland Statutes › Environment › Title 15 - Mines and Mining › Subtitle 6 - Deep Mine Control › Section 15-602 - Legislative Intent

In this subtitle the General Assembly intends to provide for the reclamation of the land affected by deep mining operations; provide for the protection of the waters of the State that otherwise might be affected adversely by pollution from deep mines; and provide for the improvement of the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.