reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.07 - Consumptive Use of Surface Water in the Potomac River Basin › Section 26.17.07.02 - Scope of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permits
				  issued or amended by the Department for nonresidential surface water
				  appropriation in the Potomac River Basin upstream from Little Falls after
				  January 1, 1985, shall condition the withdrawal of water on the provision, by
				  the permittee, of low flow augmentation for consumptive water use, if the
				  maximum consumptive water use can exceed 1 million gallons per day (mgd) at any
				  time. Low flow augmentation shall be required whether the 1 mgd level is
				  obtained under one permit or reached incrementally under successive new or
				  amended permits for the same project.
B. As an alternative to the provision of low
				  flow augmentation, permittees may cease consumptive water use during certain
				  periods specified by the Department or may reduce consumptive water use to
				  levels of 1 mgd or less.
C.
				  Consumptive uses associated with all water appropriation permits for
				  nonresidential water use before January 1, 1985 are exempt from the required
				  low flow augmentation as to the level of consumptive water use before January
				  1, 1985.
D. Permittees operating
				  under existing water appropriation or use permits that increase consumptive use
				  beyond 1 mgd without increasing withdrawal shall obtain a new water
				  appropriation permit and shall also be subject to the provisions of this
				  regulation for that amount consumptively used which is in excess of 1 mgd and
				  which was not previously exempt from this regulation as a result of having
				  occurred before January 1, 1985.
E.
				  If the Department determines that the combined effects of upstream permittees
				  consumptively using less than 1 mgd may significantly increase the risk of
				  imposing water use restrictions under the Potomac River Low Flow Allocation
				  Agreement, the Department may require low flow augmentation of the permittees
				  in a manner appropriate to their operations.
F. Surface water appropriation and use
				  permits issued or amended for municipal residential water uses upstream from
				  the Washington metropolitan area shall contain a condition that requires the
				  permittees to reduce withdrawals from the Potomac River or tributaries of the
				  Potomac River when the restriction stage is declared in the Washington
				  metropolitan area under the provisions of the Potomac River Low Flow Allocation
				  Agreement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.07 - Consumptive Use of Surface Water in the Potomac River Basin › Section 26.17.07.03 - Conditions and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Subject to the Department's approval, provision of low flow augmentation by the
				  permittee may occur at any location within the Potomac River Basin above Great
				  Falls regardless of the location of the consumptive use. The Department may
				  require the permittee situated on a tributary of the Potomac River to locate
				  the low flow augmentation facility upstream from the point of withdrawal if
				  deemed necessary for the environmental protection of instream values.
B. The amount of required low flow
				  augmentation shall be calculated for the location at which the withdrawal
				  occurs or, if the consumptive use occurs on a tributary and augmentation is
				  provided on the Potomac River, at the confluence of the tributary and the
				  Potomac River.
C. The total amount
				  of low flow augmentation storage, in billions of gallons, required of a
				  permittee by the Department shall be interpolated from the following table:
Time of travel in days from the storage facility to the
					 Washington Metropolitan Area at Great Falls
0
1
2
3
4
5
1
.089
.124
.124
.124
.124
.124
Consumptive
10
.9
1.2
1.3
1.3
1.3
1.3
use of
20
1.8
2.4
2.7
2.7
2.7
2.7
permittee
30
2.8
3.6
4.0
4.0
4.1
4.1
in millions
40
3.8
4.7
5.3
5.3
5.4
5.4
of gallons
50
4.9
6.1
6.7
6.7
6.7
6.7
per days
60
6.0
7.2
8.1
8.1
8.1
8.1
70
7.0
8.6
9.5
9.5
9.5
9.5
80
8.3
9.8
10.9
10.9
10.9
12.0
90
9.4
11.3
12.4
12.4
12.6
12.6
D.
				  The Department shall direct the permittee as to when and for what duration
				  consumptive water use must cease or a release from a water storage facility
				  must be made for low flow augmentation for consumptive water use.
E. Total nonexempt consumptive use on a daily
				  basis by a permittee may not exceed the value used in calculating water
				  augmentation requirements during low flow restriction periods.
F. If the permittee elects to construct the
				  low flow augmentation storage facility in Virginia, West Virginia or
				  Pennsylvania, the permittee shall secure the necessary agreements with the
				  appropriate jurisdiction to enable the permittee to operate the augmentation
				  facility in compliance with this regulation.
G. Municipal residential water use
				  permittees, upstream from the Washington metropolitan area, when notified by
				  the Department that the water use restriction stage had been declared in the
				  Washington metropolitan area, shall reduce all withdrawals from the Potomac
				  River Basin or its tributaries to a level corresponding to the average daily
				  withdrawal by the permittee during the previous January, February, and
				  March.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 17 - WATER MANAGEMENT › Chapter 26.17.07 - Consumptive Use of Surface Water in the Potomac River Basin › Section 26.17.07.04 - Transferability

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permittees no
				  longer consumptively using water may transfer their investment in low flow
				  augmentation facilities to other existing or new consumptive users.
B. The Department shall be notified by the
				  transferor at least 10 days before any transfer of their investment in low flow
				  augmentation facilities.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 18 - SUSQUEHANNA RIVER BASIN COMMISSION › Chapter 26.18.01 - Procedures for Review of Projects › Section 26.18.01.01 - Organization and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Susquehanna River Basin Commission (after this, the Commission) was created
				  under the authority of the Susquehanna River Basin Compact (after this, the
				  compact). Signatory parties of the compact are the states of Maryland,
				  Pennsylvania, and New York, and the United States. The Commission is a body
				  politic and corporate, with succession for the duration of the compact, as an
				  agency and instrumentality of the governments of the respective signatory
				  parties. The members of the Commission are the governor or the designee of the
				  governor of each signatory state and one member appointed by the President of
				  the United States to serve at the pleasure of the President.
B. Purposes of the Commission are to:
(1) Encourage and provide for the planning,
				  conservation, use, development, management, and control of the water resources
				  of the Susquehanna River Basin;
(2)
				  Provide for cooperative and coordinated planning and action by the signatory
				  parties with respect to water resources; and
(3) Apply the principle of equal and uniform
				  treatment to all users of water and of water-related facilities without regard
				  to political boundaries.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 18 - SUSQUEHANNA RIVER BASIN COMMISSION › Chapter 26.18.01 - Procedures for Review of Projects › Section 26.18.01.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
All provisions of the Commission regulations titled Review
					 of Projects as published in 60 FR 31391-----31404 June 15, 1995) (to be
					 codified at 18 CFR Parts 803, 804, and 805) are incorporated by
					 reference.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.02 - Accident Notification

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to any other notifications required by law or
					 permit, the permittee shall report to the Natural Resources Police Force
					 24-hour Communications Section at (410) 974-3181 or (800) 628-9944 immediately,
					 but not later than 2 hours after detection of, any condition such as fires,
					 breaks, leaks, escapes, spills, overflows, or other occurrences that create a
					 safety or pollution hazard. The permittee shall remain available until
					 clearance to leave is given by the appropriate officials designated by the
					 Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.03 - Seismic Permit Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not conduct seismic
				  operations in the State without obtaining a seismic permit from the
				  Department.
B. A seismic permit may
				  not be transferred or renewed without written permission of the
				  Department.
C. Application
				  Procedures for an Applicant.
(1) A seismic
				  permit application shall be:
(a) On a form
				  provided by the Department;
(b)
				  Completed and signed by the seismic contractor or the contractor's authorized
				  agent.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.04 - Use of Explosives in Seismic Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Persons using explosives in seismic
				  operations shall comply with all applicable local, State, and federal laws and
				  regulations that control the handling or detonation of explosive
				  materials.
B. The use of explosives
				  in seismic operations on or in the waters of the Chesapeake Bay and its
				  tributaries is prohibited.
C. Use
				  of explosives shall be conducted by a person licensed to handle explosives
				  under Article 38A, §§ 28 and 29, Annotated Code of Maryland.
D. The use of explosives shall be conducted
				  in a manner not to cause injury to persons, damage to public or private
				  property, adverse impacts on an underground mine, or to bring about any change
				  in the course, current, channel, or availability of ground or surface
				  waters.
E. The use of explosive
				  charges on elevated poles as an energy source, referred to as the Poulter
				  method, or with the charges laid on the surface of the ground, is
				  prohibited.
F. After explosives are
				  loaded into shotholes, the explosives handler shall keep the loaded holes under
				  surveillance until the charges are detonated.
G. Additional safety measures are to be
				  observed as follows:
(1) Explosives in a
				  shothole may not be detonated unless the explosives handler determines that the
				  area is clear and safe to proceed;
(2) Explosives may not be left in a shothole
				  overnight;
(3) Seismic operations
				  that use explosives shall be conducted only during daylight hours, and the
				  Department may impose a more restrictive time period.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.05 - Completion of Seismic Permit Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days after the completion of
				  seismic work, the permittee shall notify the Department of the status of the
				  operation in writing.
B.
				  Reclamation work shall be completed within 30 days of the completion of seismic
				  work as required by the permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.06 - Drilling and Operating Permit Application Procedures for the Applicant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  proposing to conduct any of the following operations to obtain or increase the
				  production of oil or gas within the State shall first obtain a drilling and
				  operating permit from the Department before the person:
(1) Prepares a well site for the
				  operation;
(2) Drills a well for
				  oil or gas;
(3) Redrills at a
				  location previously permitted;
(4)
				  Deepens an existing well drilled for oil or gas;
(5) Drills a core hole or stratigraphic test;
				  or
(6) Drills a well for the
				  storage of natural gas or the observation of the storage of natural
				  gas.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.07 - Drilling and Operating Permit Application Review Procedures for the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Following receipt of a permit application, the Department shall conduct a
				  review for completeness and notify the applicant of any application
				  deficiencies.
B. When the
				  Department determines that all information is included and in proper form, it
				  shall notify the applicant that the application is considered complete and
				  provide for public involvement in the Department's review by the following
				  means:
(1) The Department shall publish notice
				  of the application once a week for 2 consecutive weeks in a newspaper of
				  general circulation in the county where the proposed permit activity would
				  occur;
(2) The applicant shall pay
				  all costs associated with publishing notice of the application;
(3) The published notice of the application
				  shall provide an opportunity to request a public informational hearing on the
				  application;
(4) Following
				  publication of the notice of the application, a person interested in the
				  pending application for a drilling and operating permit may request that the
				  Department schedule a public informational hearing;
(5) If the Department receives a request for
				  an informational hearing, a hearing shall be held within 45 calendar days,
				  unless extenuating circumstances justify an extension of time;
(6) The Department shall publish notice of
				  the public informational hearing once a week for 2 consecutive weeks in a
				  newspaper of general circulation in the county where the proposed permit
				  activity would occur.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.08 - Review Procedures for Drilling and Operating in the Chesapeake Bay Critical Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following
				  receipt of a permit application for a project located in the Chesapeake Bay
				  Critical Area, the Department shall send a copy of the permit application and
				  all accompanying documents to the Chesapeake Bay Critical Area Commission for
				  review and recommendations.
B. The
				  Chesapeake Bay Critical Area Commission shall submit written recommendations on
				  the application to the Department within 150 days of receipt of the application
				  and accompanying documents.
C.
				  Following receipt of the recommendations by the Chesapeake Bay Critical Area
				  Commission on the application, the Department shall adopt, to the maximum
				  extent permitted by law, permit conditions recommended by the Chesapeake Bay
				  Critical Area Commission.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.09 - Criteria for Approval of Drilling and Operating Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may not issue a drilling
				  and operating permit for drilling in the waters or tributaries of the
				  Chesapeake Bay.
B. The Department
				  may not issue a drilling and operating permit to drill in the Chesapeake Bay
				  Critical Area unless the applicant has obtained written approval from the
				  Critical Area Commission.
C. Except
				  as provided in §D of this regulation, the Department may not issue a permit to
				  drill a well closer than 1,000 feet to the boundary of any property adjoining
				  the tract on which the well is situated except by written agreement with the
				  landowners and royalty owners of that property.
D. The Department may issue a permit to drill
				  a well closer than 1,000 feet to a well site tract boundary or pooled unit
				  boundary if:
(1) The Department determines
				  that a well location at a distance less than 1,000 feet to adjacent lands is
				  necessary due to site constraints; and
(2) The applicant has notified all landowners
				  and royalty owners within 2,000 feet of the proposed well by registered mail,
				  return receipt requested, of the location of the proposed well.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.10 - Drilling and Operating Requirements and Permit Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permit shall
				  contain an effective date and an expiration date, and shall be valid for a
				  period not to exceed 5 years.
B.
				  The permit shall be renewed by the Department upon written application by the
				  permittee not less than 2 weeks before expiration unless:
(1) The information required by this
				  regulation is not submitted;
(2)
				  Any of the reasons for denial listed in Environment Article, §
											14-109(b)(6),
				  Annotated Code of Maryland, apply.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.11 - Oil and Gas Correlative Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless the drilling and operating permit
				  provides for controlled directional drilling or estimated natural deviation, a
				  well may not vary more than 3 degrees from the vertical.
B. If a permittee needs to deviate more than
				  3 degrees from the vertical, the permittee shall notify the Department.
				  Deviations larger than 3 degrees from vertical may be permitted by the
				  Department in order to straighten the hole, sidetrack impenetrables, or to
				  correct other mechanical difficulties, if correlative rights are not in
				  dispute.
C. The Department may
				  require the deviation to be less than 3 degrees to protect correlative
				  rights.
D. The Department shall
				  have the right to require the permittee to run a complete angular deviation and
				  directional survey by a company knowledgeable about downhole surveys in
				  directionally drilled wells at the permittee's sole cost and risk.
E. If an angular deviation and directional
				  survey verifies violations of the approved well location or spacing
				  requirements, the Department may require the well to be redrilled or plugged
				  and abandoned.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.12 - Requirements for Plugging of Oil or Gas Wells

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon the abandonment or ending of
				  operation of any dry hole, gas or oil well, storage well, pressure maintenance
				  well, or stratigraphic well, the permittee shall plug the hole.
B. The permittee shall notify the Department
				  at least 72 hours before plugging operations.
C. A dry hole shall be plugged within 60 days
				  of completion of the well or before removal of the drill or completion rig,
				  whichever occurs first.
D. An oil
				  or gas well shall be plugged within 60 days after primary production has
				  stopped for 12 consecutive months.
E. The Department may grant an extension of
				  time to begin plugging operations upon written request of the permittee, if the
				  Department determines that the request is reasonable.
F. Surface casing may not be recovered at any
				  location, except by written approval of the Department.
G. After plugging a well, the permittee shall
				  erect a permanent marker over the plugged well which:
(1) Consists of a length of pipe with a
				  minimum diameter of 6 inches, filled with concrete;
(2) Extends at least 30 inches above the
				  surface;
(3) Extends at least 10
				  feet into the well and is set in concrete; and
(4) Has the Department and American Petroleum
				  Institute well identification numbers stamped or welded on the marker in a
				  permanent manner.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.13 - Oil and Gas Bond Performance and Release Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The liability on the performance bond
				  required in Regulation .06C(5) of this chapter is conditioned on compliance
				  with the law, regulations, permit, orders of the Department, and the
				  regulations and approvals, if any, of the Critical Area Commission under COMAR
				  27.01 and shall continue until the:
(1)
				  Ownership of the well has changed and the permits have been transferred, with
				  Departmental approval, at which time the seller's bond shall be
				  released;
(2) Department has
				  approved the:
(a) Physical plugging of the
				  well;
(b) Reclamation of the well
				  site;
(c) Receipt of all logs,
				  plugging records, and samples; and
(d) Performance of all requirements of these
				  regulations and the drilling and operating permit; or
(3) Drilling and operating permit terminates
				  because drilling was not started within 18 months, and the Department approves
				  the reclamation of the site.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.14 - Modification, Termination, or Transfer of Drilling and Operating Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person holding
				  a valid drilling and operating permit, and who proposes to conduct any of the
				  following operations in an effort to obtain or increase the production of oil
				  or gas within the State, shall obtain a modification of the drilling and
				  operating permit from the Department before the person:
(1) Recompletes a well in a different
				  reservoir or formation;
(2)
				  Recompletes a well to commingle production from two or more reservoirs within
				  the same formation;
(3) Stimulates
				  a zone that has been in production;
(4) Deepens a well;
(5) Skids a drill rig 75 feet or less;
				  or
(6) Converts from one type of
				  well to another.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.01 - Oil and Gas Exploration and Production › Section 26.19.01.15 - Violations of Statutory, Regulatory, or Permit Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  violates or causes an act which violates a provision of Environment Article, §§
										14-101 -14-120, Annotated
				  Code of Maryland, and this chapter, or who violates or fails to comply with a
				  permit or an order of the Department when due notice is given, is guilty of a
				  misdemeanor, and, upon conviction, the violator is subject to a fine not
				  exceeding $1,000 per day for each day of the offense, not to exceed a total
				  fine of $50,000, with costs imposed at the discretion of the court.
B. If the Department determines that there
				  has been a violation of a provision of Environment Article, §§
										14-101 -14-120, Annotated
				  Code of Maryland, and this chapter, or a violation or failure to comply with a
				  permit issued under this chapter, the Department may cause a written complaint
				  to be served upon the alleged violator specifying the nature of the
				  violation.
C. After or concurrent
				  with service of the complaint, the Department may:
(1) Issue an administrative order requiring
				  necessary corrective action, including stopwork, or restoration to be taken
				  within the time prescribed and providing the alleged violator with the
				  opportunity to request a hearing before the Department within 10 days after
				  receipt of the order;
(2) Require
				  the alleged violator to file a written report regarding the alleged
				  violation;
(3) Require the alleged
				  violator to appear before the Department at a time and place the Department
				  specifies to answer the charge outlined in the complaint.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.02 - Natural Gas Category Determination Under the Natural Gas Policy Act of 1978 › Section 26.19.02.01 - Category Determination Application Procedures for the Applicant

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person seeking
				  a determination that natural gas meets the requirements under the Natural Gas
				  Policy Act of 1978, § 102, 103, 107, or 108 ( 15 U.S.C. §§ 3312, 3313, 3317,
				  and 3318 ) shall submit to the Department:
(1) An original and two complete copies of an
				  application, on forms provided by the Department, containing all the
				  information required to be filed under 18 CFR 274 ;
(2) When an application for a category
				  determination is sought for natural gas for which the applicant has an
				  identified purchaser, a statement included in the application that the
				  applicant has delivered or mailed a copy of the completed Federal Energy
				  Regulatory Commission Form No. 121 to the purchaser;
(3) A copy of a proposed notice of
				  application that incorporates the requirements of § B of this regulation;
				  and
(4) Any additional information
				  that the Department considers necessary after the Department's preliminary
				  review of the application.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 19 - OIL AND GAS RESOURCES › Chapter 26.19.02 - Natural Gas Category Determination Under the Natural Gas Policy Act of 1978 › Section 26.19.02.02 - Category Determination Application Review by the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				  shall conduct a detailed review of the application and all other factors
				  relevant to a natural gas category determination under State and federal
				  law.
B. If a public hearing is
				  requested, the Department shall notify the applicant in writing of the date,
				  time, and location of the hearing.
C. Within 5 working days of the Department's
				  notification under §B of this regulation, the Department shall provide general
				  notice, at the applicant's expense, of the public hearing as follows:
(1) The owner of surface rights and the owner
				  of oil and gas rights on the tract of land where the well is located, and the
				  purchasers, if applicable, as identified by the applicant, shall be notified in
				  writing of the date, time, and location of the hearing;
(2) A person who commented on or objected to
				  the application shall be notified in writing of the date, time, and location of
				  the hearing so that the person may attend and present their views either orally
				  or in writing;
(3) An advertisement
				  shall be placed in a newspaper of general circulation in the county where the
				  operation is located, and in a newspaper of general circulation Statewide, once
				  a week for 2 consecutive weeks, ending not less than 15 days before the date of
				  the hearing, stating the date, time, and location of the hearing;
(4) A notice of the public hearing containing
				  all pertinent information shall be placed in the Maryland Register.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.01 - General › Section 26.20.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations in this subtitle contain requirements
					 applicable to all surface mining of coal in the State, and the surface effects
					 of deep mining of coal. The regulations are promulgated in accordance with the
					 Maryland Strip Mining Program pursuant to the Federal Surface Mining Control
					 and Reclamation Act of 1977 ( P.L. 95-87). Regulations become effective on the
					 date of approval of the Maryland program by the Federal Office of Surface
					 Mining or such later date as specified in the order of the Circuit Court for
					 Allegany County in No. 35343, Equity.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not
				  conduct surface coal mining and reclamation operations as an operator within
				  the State without first obtaining a permit from the Bureau and any other
				  permits or approvals required by law, except that a person conducting surface
				  coal mining operations on the effective date of these regulations, that were
				  not regulated under the Interim Regulatory Program, may continue to conduct
				  those operations until 8 months from the effective date of these regulations or
				  until such later date as specified in the order of the Circuit Court for
				  Allegany County in No. 35343, Equity, if an application for a permit has been
				  made to the Bureau in accordance with the order of the Circuit Court for
				  Allegany County in No. 35343, Equity.
B. Except as provided for in this section, on
				  and after 8 months from the effective date of these regulations or on or after
				  such later date as specified in the order of the Circuit Court for Allegany
				  County in No. 35343, Equity, a person may not conduct surface coal mining
				  operations unless that person has first obtained a permit issued by the Bureau
				  pursuant to the Regulatory Program and that person complies with the terms and
				  conditions of the permit and the requirements of the Regulatory Program.
				  However, a person conducting surface coal mining operations under a permit
				  issued or amended by the Bureau, in accordance with the requirements of the
				  Interim Regulatory Program, may conduct those operations after 8 months from
				  the date of approval, or after such date as specified in the order of the
				  Circuit Court for Allegany County in No. 35343, Equity, if:
(1) An application for a permit has been made
				  to the Bureau by the date specified in the order of the Circuit Court for
				  Allegany County in No. 35343, Equity;
(2) The Bureau has not yet rendered an
				  initial decision with respect to this application; and
(3) The operations are conducted in
				  compliance with all terms and conditions of the interim permit and the Interim
				  Regulatory Program.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.03 - Permit Application; Applicant Information

Current through Register Vol. 51, No. 14, July 12, 2024
Except that the submission of a Social Security number is
					 voluntary, a mining permit application shall contain the following:
A. The names, addresses, telephone numbers,
				  and, as applicable, Social Security numbers and employer identification numbers
				  of:
(1) The permit applicant;
(2) The operator, if the operator is a person
				  different from the applicant;
(3)
				  The resident agent of the applicant who will accept service of process;
				  and
(4) The person who will pay the
				  abandoned mine land reclamation fee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.04 - Copy of Advertisement of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A copy of the newspaper advertisement of the application
					 and proof of publication of the advertisement shall be filed with the Bureau
					 and made a part of the complete application, not later than 2 weeks after the
					 last date of publication required under COMAR
					 26.20.04.03 a.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.05 - Cultural and Historical Description in Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit
				  application shall include a description of the existing, premining cultural and
				  historical resources within the proposed permit and adjacent areas that may be
				  affected or impacted by the proposed surface mining activities.
B. The description required by §A of this
				  regulation shall include the nature of cultural and historic resources listed
				  on or eligible for listing on the National Register of Historic Places and
				  known archeological features. The description shall be based on all available
				  information including, but not limited to, data of State and local
				  archeological, historical, and cultural preservation agencies.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.06 - Hydrology Information in the Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit application shall include
				  baseline hydrologic information for the permit and adjacent areas in sufficient
				  detail to assist in determining the probable hydrological consequences of the
				  proposed operation.
B. The baseline
				  ground water hydrology information shall include:
(1) The location and ownership of existing
				  wells, springs, and other ground water supplies;
(2) The depth below the surface, lithology,
				  thickness, and approximate areal extent of identified aquifers;
(3) The seasonal quality, quantity, and usage
				  of ground water;
(4) Monitoring
				  data on which the description of the seasonal variation in ground water quality
				  is based, which includes total dissolved solids or specific conductance
				  corrected to 25°C, pH, total iron, total manganese, sulfates, acidity, and
				  alkalinity;
(5) Monitoring data, on
				  which the description of the seasonal variation in ground water quantity is
				  based, which includes approximate rates of discharge or usage, depth of wells,
				  and depth to water in the wells; and
(6) Additional information, as required by
				  the Bureau, which describes the usage, recharge, storage, and discharge
				  characteristics of aquifers and the quality and quantity of ground
				  water.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.07 - Geological Information in the Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit application shall include
				  geologic information for the permit and adjacent area in sufficient detail to
				  assist in determining the probable hydrologic consequences of the proposed
				  operation, the existence of potentially acid-forming or toxic-forming strata,
				  whether reclamation can be accomplished, and whether the operation has been
				  designed to prevent material damage to the hydrologic balance outside the
				  permit area, including:
(1) A description of
				  the structural geology, stratigraphy, and parameters which influence site
				  reclamation and the occurrence, availability, movement, quantity, and quality
				  of potentially impacted surface or ground water, based on:
(a) The cross sections, maps, and plans
				  required by Regulation .11 of this chapter,
(b) The information obtained under §A(2) and
				  (5) of this regulation, and
(c)
				  Geological literature and practices;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.08 - Determination of Probable Hydrologic Consequences

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit application shall include a
				  determination of the probable hydrologic consequences of the proposed operation
				  upon the quality and quantity of surface and ground water under seasonal flow
				  conditions for the proposed permit and adjacent areas. The determination shall
				  be based on the information required under Regulations .06 and .07 of this
				  chapter, and may include the use of modeling, interpolation, or statistical
				  techniques.
B. The determination of
				  the probable hydrologic consequences shall include findings on:
(1) Whether adverse impacts may occur to the
				  hydrologic balance;
(2) Whether
				  acid-forming or toxic-forming materials are present that could result in the
				  contamination of surface or ground water supplies;
(3) Whether the proposed operation may
				  proximately result in contamination, diminution, or interruption of an
				  underground or surface source of water within the proposed permit or adjacent
				  areas which is used for domestic, agricultural, industrial, or other legitimate
				  purpose; and
(4) What impact the
				  proposed operation will have on:
(a) Sediment
				  yield from the disturbed area,
(b)
				  Acidity, total suspended and dissolved solids, and other important water
				  quality parameters of local impact,
(c) Flooding or stream flow
				  alteration,
(d) Ground water and
				  surface water availability, and
(e)
				  Other characteristics as required by the Bureau.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.12 - Preapplication Investigation Regarding Prime Farmland

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant shall conduct a
				  preapplication reconnaissance inspection of the proposed permit area in
				  accordance with COMAR
				  26.20.03.05 a to determine whether
				  lands within the area may be prime farmland.
B. Land may not be considered prime farmland
				  if the applicant can demonstrate one of the following:
(1) The land has not been historically used
				  as cropland;
(2) The slope of the
				  land is 10 percent or greater;
(3)
				  Other factors exist, such as a very rocky surface, or the land is frequently
				  flooded during the growing season, more often than once in 2 years, and the
				  flooding has reduced crop yields; or
(4) On the basis of a soil survey of lands
				  within the permit area, there are no soil map units that have been designated
				  prime farmland by the U.S. Soil Conservation Service.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.13 - Description of Proposed Mining Operations

Current through Register Vol. 51, No. 14, July 12, 2024
Each application shall contain a description of the
					 proposed mining operations during the life of the mine within the permit area,
					 including:
A. A narrative description
				  of the type and method of proposed coal mining procedures and engineering
				  techniques, including the measures to be used to maximize the use and
				  conservation of the coal resource.
B. Anticipated annual and total production of
				  coal, by tonnage, and major equipment to be used for all aspects of the
				  operations.
C. The method of
				  marking the perimeter of the permit area.
D. A narrative explaining the construction,
				  modification, use, maintenance, and removal (unless retention is necessary for
				  postmining land use) of the following facilities:
(1) Dams, embankments, and other
				  impoundments;
(2) Overburden and
				  topsoil handling and storage areas and structures;
(3) Coal removal, handling, storage,
				  cleaning, and transportation areas and structures;
(4) Spoil, coal processing waste, mine
				  development waste, and non-coal waste removal, handling, storage,
				  transportation, and disposal areas and structures;
(5) Mine facilities; and
(6) Water and air pollution control
				  facilities.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.14 - Plan for Land Reclamation

Current through Register Vol. 51, No. 14, July 12, 2024
The permit application shall contain a plan for reclamation
					 of the lands within the proposed permit area, including:
A. A detailed timetable for completion of
				  each major step in the reclamation plan;
B. A detailed estimate of the cost of
				  reclamation of the proposed operations required to be covered by a performance
				  bond with supporting calculation for the estimates;
C. A description of measures to be employed
				  to dispose of debris, acid-forming and toxic-forming materials, and materials
				  constituting a fire hazard, and a description of the contingency plans which
				  have been developed to preclude sustained combustion of these
				  materials;
D. A plan for
				  backfilling, soil stabilization, compacting, grading, and controlling surface
				  drainage following regrading, with contour maps or cross sections that show the
				  existing slope and the anticipated final surface configuration of the proposed
				  permit area, and a list of the backfilling equipment to be used in the
				  operation;
E. A plan for removal,
				  storage, protection from erosion, and redistribution of topsoil, subsoil, and
				  other materials;
F. A plan for
				  revegetation, including the:
(1) Schedule of
				  revegetation,
(2) Method of seed
				  bed preparation,
(3) Species and
				  amounts per acre of seed and seedlings to be used,
(4) Rate of lime application,
(5) Analysis and rate of fertilizer
				  application,
(6) Methods to be used
				  in planting and seeding,
(7)
				  Mulching techniques, type, and rate of application,
(8) Irrigation, if appropriate, and pest and
				  disease control measures, if any,
(9) Measures proposed to be used to determine
				  the success of revegetation, and
(10) A soil testing plan for evaluation of
				  the results of topsoil handling and reclamation procedures related to
				  revegetation;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.15 - Survey of Structures and Renewable Resource Lands

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application for an underground mining
				  permit shall contain a survey which shall show whether structures or renewable
				  resource lands exist within the proposed permit and adjacent area, and whether
				  subsidence, if it occurred, could cause material damage or diminution of
				  reasonably foreseeable use of these structures or renewable resource
				  lands.
B. The survey required by §A
				  of this regulation shall contain:
(1) A map of
				  the permit area and adjacent areas at a scale of 1:12,000, or larger, if
				  determined necessary by the Bureau, showing the location and type of:
(a) Structures and renewable resource lands
				  that subsidence may materially damage or for which the value or reasonably
				  foreseeable use may be diminished by subsidence; and
(b) Water supplies that could be
				  contaminated, diminished, or interrupted by subsidence;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.16 - Subsidence Control Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A subsidence control plan, if required under Regulation .15
					 of this chapter, shall include:
A. A
				  detailed description of the mining method and other measures to be taken which
				  may affect subsidence, including:
(1) The
				  technique of coal removal, such as longwall mining, room and pillar with pillar
				  removal, hydraulic mining, or other methods, including the size, sequence, and
				  timing for the development of underground workings;
(2) A description of the physical conditions,
				  such as depth of cover, seam thickness, and lithology, which affect the
				  likelihood or extent of subsidence and subsidence-related damage; and
(3) A map of the underground workings which
				  describes the location and extent of all areas when:
(a) Planned subsidence mining methods will be
				  used, and
(b) Subsidence prevention
				  or damage mitigation methods described in §B of this regulation will be
				  used;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.02 - Permit Applications - General Requirements › Section 26.20.02.17 - Return of Waste

Current through Register Vol. 51, No. 14, July 12, 2024
A. A plan for
				  the return of coal processing waste to abandoned underground workings, if
				  applicable, shall include:
(1) A description
				  of the design, operation, and maintenance of any proposed coal processing waste
				  disposal facility, including:
(a) Flow
				  diagrams,
(b) All necessary
				  drawings and maps;