reglab/statecodes huggingface dataset:
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.06 - Hydrologic Balance: Water Quality Standards and Effluent Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. All surface
				  drainage from the disturbed area, including disturbed areas that have been
				  graded, seeded, or planted, shall be passed through a sedimentation pond, a
				  series of sedimentation ponds, or a treatment facility before leaving the
				  permit area. Any discharge of water from underground workings to surface waters
				  which does not meet the effluent limitations of the Regulatory Program shall
				  also be passed through a sedimentation pond, a series of sedimentation ponds,
				  or a treatment facility before leaving the permit area.
B. Sedimentation ponds and treatment
				  facilities for surface drainage from the disturbed area shall be maintained
				  until the disturbed area has been restored and the vegetation requirements are
				  met and the quality of the untreated drainage from the disturbed area meets the
				  applicable State and federal water quality standards requirements for the
				  receiving stream. Sedimentation ponds and treatment facilities for discharges
				  from underground workings shall be maintained until either the discharge
				  continuously meets the effluent limitations of the Regulatory Program or until
				  the discharge has permanently ceased.
C. The Bureau may grant exemptions from these
				  requirements only in accordance with the following:
(1) The person who conducts the underground
				  mining activities shall demonstrate that sedimentation ponds and treatment
				  facilities are not necessary for the drainage to be exempted to meet the
				  effluent limitations of the Regulatory Program.
(2) For drainage from areas affected by
				  surface operations and facilities, an exemption may be authorized only if the
				  disturbed surface drainage area within the total disturbed surface area is
				  small and there is no mixture of surface drainage with a discharge from
				  underground mine workings. For drainage from underground mine workings,
				  exemption may be authorized only if there is no mixture of that drainage from
				  surface areas.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.07 - Subsidence Control: General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Underground mining activities shall be
				  planned and conducted so as to prevent subsidence from causing material damage
				  to the extent technologically and economically feasible, and so as to maintain
				  the value and reasonably foreseeable use of surface lands. This may be
				  accomplished by leaving adequate coal in place, backfilling, or other measures
				  to support the surface, or by conducting underground mining in a manner that
				  provides for planned and controlled subsidence.
B. Except as provided in §C of this
				  regulation, underground mining activities that employ mining technology that
				  provides for planned subsidence in a predictable and controller manner shall
				  utilize necessary and prudent measures, consistent with the mining method
				  employed, to minimize material damage to the extent technologically and
				  economically feasible to all structures.
C. Measures required to minimize material
				  damage to structures under §B of this regulation are not required if:
(1) The permittee has the written consent of
				  the owners of the structures; or
(2) The cost of the measures exceeds the
				  anticipated costs of repair, unless the anticipated damage would constitute a
				  threat to health or safety.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.08 - Subsidence Control: Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The mining schedule shall be distributed
				  by mail to all owners of property and residents within the area above the
				  underground workings and adjacent areas. Each of these persons shall be
				  notified by mail at least 6 months before mining beneath his property or
				  residence.
B. The notification
				  shall contain, as a minimum:
(1)
				  Identification of specific areas in which mining will take place;
(2) Dates of mining activities that could
				  cause subsidence and affect specific structures; and
(3) Measures to be taken to prevent or
				  control adverse surface effects.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.09 - Subsidence Control: Surface Owner Protection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each person who conducts underground
				  mining activities shall adopt all measures approved by the Bureau to reduce the
				  likelihood of subsidence, to prevent subsidence that causes material damage or
				  reduces the value of reasonably foreseeable use of surface lands, and to
				  mitigate the effects of this damage or reduction of the value of reasonably
				  foreseeable use of surface lands, and to mitigate the effects of this damage or
				  reduction which may occur.
B. Each
				  person who conducts underground mining which results in subsidence that causes
				  material damage or reduces the value or reasonably foreseeable use of the
				  surface lands shall, with respect to each surface area affected by subsidence:
(1) Restore, rehabilitate, or remove and
				  replace each damaged structure, feature, or value, promptly after the damage is
				  suffered, to the condition it would be in if no subsidence had occurred, and
				  restore the land to a condition capable of supporting reasonably foreseeable
				  uses it was capable of supporting before subsidence;
(2) Purchase the damaged structure or feature
				  for its fair market pre-subsidence value, and promptly after subsidence occurs
				  restore the land surface to a condition capable and appropriate of supporting
				  the purchased structure and other foreseeable uses it was capable of supporting
				  before mining. This may not be deemed to grant or authorize an exercise of the
				  power of condemnation or the right of eminent domain by any person engaged in
				  underground mining activities.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.11 - Barriers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for the
				  approved mine entries, a barrier of solid coal shall be provided around the
				  perimeter of the underground mine area. The barriers shall be:
(1) Of sufficient width to withstand the
				  weight of supported overburden without squeezing, crushing, or punching into
				  the floor or roof of the mine; and
(2) Designed to withstand anticipated
				  hydrostatic pressure and deterioration over time without failure.
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 26.20.13 - Surface Effects of Deep Mines › Section 26.20.13.12 - Projection Maps

Current through Register Vol. 51, No. 14, July 12, 2024
A. Two copies of a
				  projection map as required by Environment Article, §
										15-615(c),
				  Annotated Code of Maryland, shall be submitted to the Bureau at least once
				  every 6 months. The map shall be prepared by, or under the supervision of, and
				  certified by a qualified registered professional engineer. Unless approved by
				  the Bureau, the scale of the map shall be the same as the map submitted under
				  COMAR 26.20.02.18 a A(4).
B. The map shall provide the following
				  information:
(1) Areas where mining occurred
				  before the term of the map, including the type of mining;
(2) Areas where mining occurred during the
				  term of the map, including the type of mining;
(3) Areas where mining is contemplated during
				  the projection period, including the type of mining;
(4) Structural contours of the coal pavement
				  based on actual survey information from the area where coal has been
				  extracted;
(5) The date of the last
				  survey upon which structural information is based;
(6) The location and dimensions, drawn to
				  scale, of all surface structures;
(7) The area where coal will be left in place
				  to provide subsidence protection for surface structures and features;
(8) Grid lines or symbols corresponding to
				  the Maryland State Plane Coordinate System;
(9) If three or more sheets are required to
				  cover the boundaries of the mine, a key map or index showing the arrangement of
				  sheets in relation to the overall mine;
(10) A legend block identifying the different
				  colors or symbols appearing on the map; and
(11) A title block containing the:
(a) Permittee's name,
(b) Name of the mine,
(c) Permit number,
(d) Dates of the term of the map,
(e) Dates to which the projection
				  applies,
(f) Map scale,
				  and
(g) Date the map was
				  prepared.
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 26.20.14 - Performance Bonds › Section 26.20.14.01 - Bond Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. After an
				  application for a new, revised, or renewed permit to conduct surface coal
				  mining and reclamation operations has been approved, but before the permit is
				  issued, the operator shall file a performance bond with the Bureau, as required
				  by Environment Article, §
										15-507, Annotated Code of
				  Maryland. The bond covers the entire approved area or an identified increment
				  of land within the approved area upon which the operator shall initiate and
				  conduct surface coal mining and reclamation operations.
B. The bond shall be payable to the State,
				  shall be on forms provided by the Bureau, and shall be conditioned upon the
				  permittee faithfully performing every requirement of Environment Article, Title
				  15, Subtitle 5, Annotated Code of Maryland, the Regulatory Program, the permit,
				  and the reclamation plan.
C. An
				  operator may not disturb surface acreage or extend any underground shafts,
				  tunnels, or operations before receipt of approval from the Bureau of the
				  performance bonds covering the surface acreage to be affected.
D. Liability on the performance bonds shall
				  cover all surface coal mining and reclamation operations to be conducted within
				  the permit area during the life of the mine. After the amount of the bonds has
				  been determined for the permit area, the operator may either file the entire
				  amount of bond required during the term of the permit, or an incremental bond
				  schedule and the amount of bond required for the first increment in the
				  schedule.
E. When the operator
				  elects to file the amount of the bond in increments, he shall identify the
				  initial and successive incremental areas for bonding on the permit application
				  map submitted under COMAR 26.20.02. Before issuing the permit, the Bureau shall
				  determine the bond amount required for the initial incremental area and the
				  operator shall file the bond on the initial incremental area of the permit. The
				  operator shall file with the Bureau the required bond amount for succeeding
				  increments before initiating surface coal mining and reclamation operations on
				  the increments.
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 26.20.14 - Performance Bonds › Section 26.20.14.02 - Form of Performance Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with Environment Article, Title 15, Subtitle
					 5, Annotated Code of Maryland, the Bureau may accept either:
A. A surety bond executed by the operator and
				  a corporate surety licensed to do business in the State; or
B. A collateral bond in one of the following
				  forms:
(1) A deposit of cash or negotiable
				  bonds of the U.S. Government having a market value equal to the required bond
				  amount,
(2) A certificate of
				  deposit equal to the required bond, issued by a bank in the State and
				  accompanied by a written agreement of the bank to pay on demand to the State,
				  or
(3) An irrevocable letter of
				  credit that is equivalent to the required bond, issued by a bank in the State
				  that expressly states that the total sum is guaranteed to be available and
				  payable directly to the State on demand in the event of forfeiture. The
				  irrevocable letter of credit may not expire during the anticipated life of the
				  mining activities and the reclamation period after that.
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 26.20.14 - Performance Bonds › Section 26.20.14.03 - Amount of Performance Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The amount of the performance bonds required for a surface coal mining and
				  reclamation permit shall be the estimated cost to perform the reclamation and
				  restoration work required to achieve compliance with the Regulatory Program,
				  and requirements of the permit, if the work had to be contracted out by the
				  Bureau in the event of forfeiture.
B. This amount shall be based on, but not
				  limited to:
(1) The estimated costs submitted
				  by the permittee;
(2) The
				  additional estimated costs to the Bureau which may arise from applicable public
				  contracting requirements, including the need to bring personnel and equipment
				  to the permit area after its abandonment by the permittee to perform
				  reclamation and restoration work;
(3) An additional amount based on factors of
				  cost changes during the preceding 5 years for the types of activities
				  associated with the reclamation to be performed; and
(4) Other cost information that may be
				  required by or available to 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 26.20.14 - Performance Bonds › Section 26.20.14.04 - Adjustment of Bond Amount

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  amount of the performance bond liability applicable to a permit shall be
				  adjusted by the Bureau as acreage in the permit area is revised, or when the
				  cost of future reclamation or restoration work changes. The Bureau shall notify
				  the permittee, the surety, and any person with a property interest in
				  collateral who has requested notification in accordance with Regulation .06D of
				  this chapter of any proposed bond adjustment and provide the permittee an
				  opportunity for an informal conference on the adjustment.
B. A permittee may request reduction of the
				  required performance bond amount upon submission of evidence to the Bureau
				  proving that the permittee's method of operation or other circumstances will
				  reduce the maximum estimated cost to the Bureau to complete the reclamation of
				  the bond amount. The request shall be considered as a request for partial bond
				  release.
C. In addition, when the
				  permittee submits the annual mining and reclamation progress report for a
				  permit, the amount of bond required for the operation may be adjusted by the
				  Bureau to the amounts required to assure completion of reclamation and
				  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 26.20.14 - Performance Bonds › Section 26.20.14.05 - Duration of Performance Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Liability under performance bonds applicable to a permit shall continue until
				  all reclamation and restoration work required by the Regulatory Program and the
				  provisions of the permit have been completed, and the permit terminated by the
				  release of the permittee from any further liability.
B. In addition, except on lands eligible for
				  remining, the period of liability for a bond shall continue for a minimum
				  period of not less than 5 years, beginning with the last year of augmented
				  seeding, fertilizing, irrigation, or other work. The period of liability shall
				  begin again when augmented seeding, fertilizing, irrigation, or other work is
				  ordered by the Bureau to correct a failure to maintain the permanent vegetative
				  cover required under COMAR 26.20.29 on the site.
C. On lands eligible for remining included in
				  permits issued before September 30, 2004, or any later date authorized by the
				  federal Surface Mining Control and Reclamation Act, or any renewal thereof, the
				  period of liability for a bond shall continue for a period of not less than 2
				  full years, beginning with the last year of augmented seeding, fertilizing,
				  irrigation, or other work. The period of liability of not less than 2 full
				  years shall begin again when augmented seeding, fertilizing, irrigation, or
				  other work is ordered by the Bureau to correct a failure to maintain the
				  permanent vegetative cover required under COMAR 26.20.29 on the site.
D. If the Bureau approves a long-term
				  intensive agricultural post-mining land use, the applicable period of liability
				  shall commence at the date of initial planting for such long-term intensive
				  agricultural land use.
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 26.20.14 - Performance Bonds › Section 26.20.14.06 - Conditions of Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surety bonds
				  are subject to the following conditions:
(1)
				  The Bureau may not accept the bond of a surety company unless the bond is
				  totally noncancellable by the surety, regardless of time or reason, including
				  but not limited to nonpayment of premium or bankruptcy of the permittee during
				  the period of liability;
(2) The
				  Bureau may provide in the bond that the amount shall be confessed to judgment
				  upon forfeiture;
(3) The bond shall
				  provide that the surety and the permittee shall be jointly and severally
				  liable;
(4) The bond shall provide
				  that:
(a) The surety will give prompt notice
				  to the permittee and the Bureau of any notice received or action filed alleging
				  the insolvency or bankruptcy of the surety, or alleging any violations of
				  regulatory requirements which could result in suspension or revocation of the
				  surety's license to do business,
(b) If the surety becomes unable to fulfill
				  its obligations under the bond for any reason, notice shall be given
				  immediately to the permittee and 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 26.20.14 - Performance Bonds › Section 26.20.14.07 - Replacement of Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau
				  may allow permittees to replace existing surety or collateral bonds with other
				  surety or collateral bonds, if the liability which has accrued against the
				  permittee on the permit area is transferred to those replacement
				  bonds.
B. The Bureau may not
				  release existing performance bonds until the permittee has submitted and the
				  Bureau has approved acceptable replacement performance bonds.
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 26.20.14 - Performance Bonds › Section 26.20.14.09 - Procedures for Release of Bonds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Application for Release.
(1) The permittee
				  may file an application with the Bureau for release of all or part of the bond
				  required under Regulation .01A of this chapter for a particular permit in
				  accordance with Regulation .08D of this chapter. Applications may be filed only
				  at times or seasons that allow the Bureau to evaluate properly the reclamation
				  operations presented in the applications as having been completed. These times
				  and seasons will be identified by the Bureau.
(2) The application shall include copies of
				  letters sent to adjoining property owners, surface owners, local government
				  bodies, planning agencies, sewage and water treatment authorities, and water
				  companies in the locality of the permit area, notifying them of:
(a) The permittee's intention to seek release
				  of performance bonds; and
(b) The
				  permittee's opportunity to submit comments or objections, or request an
				  informal conference.
(3)
				  For the purpose of §A(2) of this regulation, "adjoining property owners" means
				  a property owner whose property touches or bounds the permit area, or whose
				  property boundary is within 300 feet of the permit area.
(4) Within 30 days after filing the
				  application for release, the permittee shall submit proof of publication of the
				  advertisement required by §B of this regulation. The proof of advertisement
				  shall be considered part of the bond release application.
(5) The permittee shall include in the
				  application for bond release a notarized statement which certifies that all
				  applicable reclamation activities have been accomplished in accordance with the
				  requirements of Environment Article, Title 15, Subtitle 5, Annotated Code of
				  Maryland, the Regulatory Program, and the approved reclamation plan. A
				  certification shall be submitted for each application or phase of bond
				  release.
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 26.20.14 - Performance Bonds › Section 26.20.14.10 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
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 26.20.14 - Performance Bonds › Section 26.20.14.11 - Adjudicatory Hearings on Bond Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30 days of receipt of notice of a
				  decision by the Bureau on a bond release application, the permittee or any
				  person adversely affected by the decision may request an adjudicatory
				  hearing.
B. Adjudicatory hearings
				  shall be held in accordance with the procedures contained in COMAR
				  26.20.34.
C. The party seeking to
				  reverse the decision of the Bureau shall have the burden of proof.
D. The Bureau shall render a final decision
				  on bond release within 60 days of the completion of an adjudicatory
				  hearing.
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 26.20.14 - Performance Bonds › Section 26.20.14.12 - Bond Forfeiture

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bonds
				  may be forfeited if the Bureau finds any of the following:
(1) The permittee has violated any of the
				  terms or conditions of the bond;
(2) The permittee has failed to conduct
				  mining operations in accordance with the conditions of the permit and the
				  Regulatory Program;
(3) The permit
				  for the area under bond has been revoked, unless the operator assumes liability
				  for completion of reclamation work;
(4) The permittee has become insolvent,
				  failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy
				  or for a receiver, or had a receiver appointed by any court;
(5) A creditor of the permittee has attached
				  or executed a judgment against the permittee's equipment, materials, or
				  facilities at the permit area; or
(6) The permittee cannot demonstrate or prove
				  the ability to continue to operate in compliance with the Regulatory Program
				  and the permit.
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 26.20.14 - Performance Bonds › Section 26.20.14.13 - Deep Mine Bonding Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Deep mine operations in the State shall comply with all of the bonding
				  provisions of this chapter unless specifically indicated otherwise in this
				  regulation. This requirement is independent of and in addition to any bonding
				  requirements for these operations under the deep mining provisions of
				  Environment Article, Title 15, Subtitle 6, Annotated Code of
				  Maryland.
B. The amount of bond
				  under this chapter shall be calculated with respect to the general surface
				  effects of deep mining controlled by these regulations, and any special
				  considerations as provided in COMAR 26.20.13.
C. Bond liability with respect to subsidence
				  shall cover all effects of planned subsidence, and measures undertaken to
				  prevent damage to surface facilities, including construction, site preparation,
				  and relocations. Release of bond coverage for damage from planned subsidence
				  may be obtained upon final inspection and approval by the Bureau, and without
				  regard to the liability period of Regulation .05 of this chapter or criteria
				  for release in Regulation .08 of this chapter.
D. When subsidence-related material damage to
				  land, structures, or facilities protected under COMAR
				  26.20.13.09 a occurs, or when
				  contamination, diminution, or interruption to a water supply protected under
				  COMAR 26.20.13.05 a C occurs, the Bureau
				  shall require the permittee to obtain additional performance bond until the
				  repair, compensation, or replacement is completed, in the amount of:
(1) The estimated cost of the repairs, if the
				  permittee will be repairing;
(2)
				  The decrease in value, if the permittee will be compensating the owner;
				  or
(3) The estimated cost to
				  replace the water supply, if the permittee will be replacing the water
				  supply.
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 26.20.15 - Liability Insurance › Section 26.20.15.01 - Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
Each applicant for a permit shall submit to the Bureau, as
					 part of the permit application, a certificate, issued by an insurance company
					 authorized to do business in the United States, certifying that the applicant
					 has a public liability insurance policy in force for the surface coal mining
					 and reclamation operation for which the permit is sought.
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 26.20.15 - Liability Insurance › Section 26.20.15.02 - Applicant's Public Liability Insurance Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant's public liability insurance
				  policy shall provide for personal injury and property damage protection in an
				  amount adequate to compensate all persons entitled to compensation under the
				  applicable provisions of State law for injury or property damage as a result of
				  surface coal mining and reclamation operations, including use of explosives and
				  damage to water wells.
B. Minimum
				  insurance coverage for bodily injury shall be $300,000 per occurrence, $500,000
				  aggregate, and for property damage shall be $300,000 per occurrence, $500,000
				  aggregate.
C. The policy shall be
				  maintained in full force during the life of the permit.
D. The policy shall require that the insuror
				  notify the Bureau whenever substantive changes are made, and before any
				  termination.
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 26.20.15 - Liability Insurance › Section 26.20.15.03 - Deep Mining Operations

Current through Register Vol. 51, No. 14, July 12, 2024
Deep mining operations shall obtain identical insurance
					 coverage for all surface effects, including subsidence as outlined in COMAR
					 26.20.13.
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Monitoring" means the collection of
				  environmental data by either continuous or periodic sampling methods.
(2) "Probable cumulative impact" means the
				  expected total qualitative and quantitative direct and indirect effects of
				  mining and reclamation activities on the hydrologic regime.
(3) "Probable hydrologic consequence" mean
				  the projected result of proposed surface coal mining and reclamation operations
				  which may reasonably be expected to change the quantity or quality of the
				  surface and ground water; the surface or ground water flow, timing and pattern;
				  the stream channel conditions; and the aquatic habitat on the permit area and
				  other affected areas.
(4)
				  "Qualified laboratory" means a designated public agency, private consulting
				  firm, or analytical laboratory which can provide the required determination or
				  statement under Regulation .06 of this chapter.
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.02 - Program Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. For eligible
				  operators who request assistance, to the extent possible with available funds,
				  the Department shall select and pay a qualified laboratory or other qualified
				  entity to provide the following services:
(1)
				  The determination of the probable hydrologic consequences of the surface mining
				  and reclamation operation in the proposed permit area and adjacent areas,
				  including the engineering and designs necessary for the determination in
				  accordance with COMAR 08.20.02.08 a;
(2) The drilling and statement of the results
				  of test borings or core samplings for the proposed permit area in accordance
				  with COMAR 08.20.02.07 a;
(3) The
				  development of cross-sectional maps and plans required by COMAR 08.20.02.11
				  a;
(4) The collection of
				  archeological and historic information and related plans required by COMAR
				  08.20.02.05 a and any other archeological and historic information required by
				  the Department;
(5) Pre-blast
				  surveys required by COMAR 08.20.22.02 a;
(6) The collection of site-specific resources
				  information for fish and wildlife and other environmental values required by
				  COMAR 08.20.02.09 a; and
(7) The
				  production of protection and enhancement plans for fish and wildlife habitats
				  required by COMAR 08.20.02.13 a H and other environmental values required by
				  COMAR 08.20.02.09 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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.03 - Eligibility for Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant is eligible for assistance if the applicant:
(1) Intends to apply for a permit;
(2) Establishes that the probable attributed
				  annual production from all locations on which the operator is issued a surface
				  coal mining and reclamation permit does not exceed 300,000 tons;
(3) Is not restricted in any manner from
				  receiving a permit under the permanent Regulatory Program; and
(4) Does not organize or reorganize a company
				  solely for the purpose of obtaining assistance under the Small Operators
				  Assistance Program (SOAP).
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.04 - Filing for Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
Each application for assistance under the Small Operators
					 Assistance Program shall contain, at a minimum:
A. A statement of intent to file a permit
				  application.
B. The names and
				  addresses of the potential permit applicant, and of the potential operator if
				  different from the applicant.
C. A
				  schedule of the estimated total production of coal from the proposed permit
				  area and all other locations from which production is attributed to the
				  applicant. The schedule shall include for each location:
(1) The name under which coal is or will be
				  mined;
(2) The permit number and
				  Mining Enforcement and Safety Administration identification number;
(3) The actual coal production for the year
				  preceding the application for assistance and that portion of the production
				  attributed to the applicant; and
(4) The estimated coal production for each
				  year of the proposed permit and that portion attributed to the
				  applicant.
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.05 - Application Approval and Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If the Bureau finds the applicant eligible, and it does not have information
				  readily available which would preclude issuance of a permit to the applicant
				  for mining in the area proposed, it shall:
(1)
				  Determine the minimum data requirements necessary to meet the requirements of
				  Regulation .06 of this chapter; and
(2) Select the services of one or more
				  qualified laboratories to perform the required work. A copy of the contract or
				  other appropriate work order and the final approved report shall be provided to
				  the applicant.
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.06 - Data Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
				  This regulation describes the minimum requirements for the collection of data
				  to meet the objective of the Small Operators Assistance Program. The Bureau
				  shall determine the data collection requirements for each applicant or group of
				  applicants. Data collection and analysis may proceed concurrently with the
				  development of mining and reclamation plans by the operator. The data
				  requirements will be based on:
(1) The extent
				  of hydrologic and core analysis data for the applicable area currently
				  available to the Bureau; and
(2)
				  The data collection and analysis guidelines developed and provided by the U.S.
				  Office of Surface Mining.
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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.07 - Qualified Laboratories

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Bureau shall establish and maintain at its office a list of qualified
				  laboratories which may be used to provide the required determination or
				  statement under this program.
B.
				  Inclusion in the List of Qualified Laboratories.
(1) Persons who desire to be included in the
				  list of qualified laboratories established by the Bureau shall apply to the
				  Bureau and provide the information necessary to establish the required
				  qualifications.
(2) Basic
				  Qualifications. To qualify for designation, the laboratory shall demonstrate
				  that it:
(a) Is staffed with experienced,
				  professional personnel in the fields of hydrology, mining engineering, aquatic
				  biology, geology, or chemistry applicable to the work to be
				  performed;
(b) Is capable of
				  collecting necessary field data and samples;
(c) Has adequate space for material
				  preparation, cleaning and sterilizing necessary equipment, stationary
				  equipment, storage, and space to accommodate periods of peak work
				  loads;
(d) Meets the requirements
				  of the State safety and health program;
(e) Has the financial capability and business
				  organization to perform the work required;
(f) Has analytical, monitoring, and measuring
				  equipment capable of meeting the applicable standards and methods contained in
				  "Standard Methods for the Examination of Water and Waste Water", 14th Edition,
				  1975, or "Methods for Chemical Analysis of Water and Wastes", 1974;
(g) Has the capability of making hydrologic
				  field measurements and analytical laboratory determinations by acceptable
				  hydrologic engineering or analytical methods, or by those appropriate methods
				  or guidelines for data acquisition recommended 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 26.20.16 - Small Operators Assistance Program › Section 26.20.16.08 - Applicant Liability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  applicant shall reimburse the Bureau for the cost of the services performed
				  pursuant to this chapter if the applicant:
(1)
				  Submits false information;
(2)
				  Fails to submit a permit application within 1 year from the date of receipt of
				  the approved laboratory report;
(3)
				  Fails to mine after obtaining a permit;
(4) Is determined by the Bureau to have an
				  actual and attributed annual production of coal exceeding 300,000 tons for all
				  locations during the 12 months immediately following the date on which the
				  operator is issued the permit;
(5)
				  Sells, transfers, or assigns the permit to another person and the transferee's
				  total actual and attributed production exceeds 300,000 tons during the 12
				  months immediately following the date on which the permit was originally
				  issued.
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 26.20.17 - Existing Structures › Section 26.20.17.01 - Description

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permit
				  application shall contain a description of each existing structure proposed to
				  be used in connection with an operation.
B. The description shall include:
(1) Location;
(2) Plans of the structure which describe its
				  current condition;
(3) Approximate
				  dates on which construction of the existing structure was begun and completed;
				  and
(4) A showing, including
				  relevant monitoring data or other evidence, that the structure meets either the
				  performance standards of the Regulatory Program, or those performance standards
				  of the Interim Regulatory Program which are at least as stringent as the
				  performance standards of the 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 26.20.17 - Existing Structures › Section 26.20.17.02 - Compliance with Performance Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each structure shall comply with the
				  performance standards and the design requirements of the Regulatory Program,
				  except that an existing structure may be exempted from the design requirements
				  if it meets:
(1) The performance standards of
				  the Regulatory Program; or
(2)
				  Those performance standards of the Interim Regulatory Program which are at
				  least as stringent as the comparable performance standards of the 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 26.20.17 - Existing Structures › Section 26.20.17.03 - Existing Structure

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  Bureau finds that the existing structure cannot be reconstructed without
				  causing significant harm to the environment or public health or safety, the
				  applicant will be required to abandon and reclaim the existing
				  structure.
B. The structure may not
				  be used for or to facilitate surface coal mining operations after the effective
				  date of issuance of the Regulatory Program permit.
C. Abandonment of the structure shall proceed
				  on a schedule approved 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 26.20.18 - Signs and Markers › Section 26.20.18.01 - Specifications

Current through Register Vol. 51, No. 14, July 12, 2024
All signs and markers shall:
A. Be posted and maintained by the
				  permittee;
B. Be easily seen and
				  read, and of a uniform design throughout the operation;
C. Be made of durable material;
D. Conform to local ordinances and codes;
				  and
E. Be maintained during the
				  conduct of all activities to which they pertain.
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 26.20.18 - Signs and Markers › Section 26.20.18.02 - Permit Identification

Current through Register Vol. 51, No. 14, July 12, 2024
Permit identification signs shall:
A. Be displayed at each point of access to
				  the permit area from public roads;
B. Contain information identifying the name,
				  business address, and telephone number of the operator, the Bureau of Mines
				  permit number, the Water Resources Administration discharge permit number, and
				  NPDES discharge permit number;
C.
				  Be constructed of metal or wood and be a minimum of 2 feet by 2 feet, affixed
				  to a suitably located tree, or a 2 inch diameter metal or wood post driven into
				  the earth at least 3 feet with a minimum of 4 feet exposed;
D. Be retained and maintained until after the
				  release of all bonds for the permit area.
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 26.20.18 - Signs and Markers › Section 26.20.18.03 - Perimeter Markers

Current through Register Vol. 51, No. 14, July 12, 2024
All perimeter markers shall clearly mark the perimeter of
					 the permit area before and during surface mining activities. The markers shall
					 be, at a minimum, 2 inch diameter pipes or wood posts or metal posts driven
					 into the earth with a minimum of 3 feet exposed to mark the beginning and
					 ending points of the permit area and any other point necessary to clearly
					 identify the permit area. They shall be identified by painting the exposed
					 portion red or other color as indicated in the permit application. Other marker
					 specifications may be used if approved 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 26.20.18 - Signs and Markers › Section 26.20.18.04 - Blasting Signs

Current through Register Vol. 51, No. 14, July 12, 2024
If blasting is conducted incident to surface mining
					 activities, the permittee shall:
A.
				  Conspicuously display signs reading "Blasting Area" along the edge of any
				  blasting area that comes within 50 feet of any road within the permit area, and
				  within 100 feet of any public road right of way.
B. Conspicuously flag or post within the
				  blasting area, the immediate vicinity of charged holes.
C. Place at all entrances to the permit area
				  from public roads or highways conspicuous signs which state: "Blasting Area",
				  and which clearly explain the blast warning and all-clear signals that are in
				  use, and the marking of blast areas and charged holes within the permit area.
				  These signs shall be a minimum size of 2 feet by 4 feet.
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 26.20.18 - Signs and Markers › Section 26.20.18.05 - Topsoil Markers

Current through Register Vol. 51, No. 14, July 12, 2024
If topsoil or other vegetation-supporting material is
					 segregated and stockpiled, the stockpiled material shall be clearly marked by a
					 method described in the permit application.
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 26.20.19 - Roads › Section 26.20.19.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each road, as
				  defined in COMAR
				  26.20.01.02 a B(82), shall be
				  classified as either a primary road or an ancillary road.
B. A primary road is any road which is:
(1) Used for transporting coal or
				  spoil;
(2) Frequently used for
				  access or other purposes for a period in excess of 6 months; or
(3) To be retained for an approved postmining
				  land use.