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 26.20.34 - General Provisions on Adjudicatory Hearings › Section 26.20.34.06 - Procedure after Testimony is Concluded

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing officer shall notify all
				  parties by certified mail as soon as the hearing record is compiled and
				  available.
B. Within 15 days from
				  the date of the notification in §A of this regulation, any party may file
				  proposed findings of fact, conclusions of law, and a brief in support thereof
				  with the hearing officer. Copies shall be mailed to all other parties at the
				  same time.
C. Within 60 days from
				  the notification in §A of this regulation, the hearing officer shall prepare a
				  proposed decision with findings of fact and conclusions of law. The proposed
				  decision shall be submitted to the Director of the Water Management
				  Administration and copies shall be mailed to all parties.
D. Within 15 days of receipt of the proposed
				  decision of the hearing officer, any party adversely affected may file written
				  exceptions and request oral argument before the Director of the Water
				  Management Administration, unless the Director of the Water Management
				  Administration has personally heard the evidence at the adjudicatory
				  hearing.
E. If exceptions and a
				  request to present oral argument are filed, the Director of the Water
				  Management Administration shall notify the parties of the date, time, and place
				  for the argument. The oral argument shall be heard within 15 days from receipt
				  of the exceptions and request to present oral argument.
F. The Director of the Water Management
				  Administration shall render a final decision within 30 days of receipt of the
				  proposed decision of the hearing officer, or from the receipt of written
				  exceptions, or date of oral argument, whichever is later.
G. If the final decision is adverse to a
				  party to the hearing other than the Bureau, the party is entitled to judicial
				  review in accordance with State Government Article, §
										10-222, Annotated
				  Code of Maryland.
H. The time
				  limits in this regulation may be adjusted as required to meet specific
				  statutory deadlines, or to ensure full presentation of all relevant evidence,
				  provided, however, that a decision on a request to review a cessation order
				  issued for a violation which creates an imminent danger to the health or safety
				  of the public, or is causing, or can reasonably be expected to cause,
				  significant, imminent environmental harm to land, air, or water resources, or
				  for failure to abate a violation within the time limits set in the order
				  pursuant to Environment Article, §
										15-508(f),
				  Annotated Code of Maryland, shall be rendered by the hearing officer within 30
				  days of receipt of the application for review, unless temporary relief is
				  granted by the hearing officer.
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 26.20.34 - General Provisions on Adjudicatory Hearings › Section 26.20.34.07 - Record of Adjudicatory Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Adjudicatory hearings shall be either stenographically reported verbatim or
				  tape recorded, and then may be transcribed. Stenographic notes or tapes, or
				  originals of the transcript, shall be filed with the record along with all
				  exhibits. Any party who desires a copy of a transcript of the hearing may
				  request a copy from the hearing officer and pay the costs. If the transcript is
				  prepared by a private stenographer, the hearing officer may direct interested
				  persons to make arrangements for copies by dealing directly with the
				  reporter.
B. All orders issued by
				  the hearing officer, stenographic notes or tapes, or transcripts of oral
				  hearings or arguments, written statements of position, written direct and
				  rebuttal testimony, and any other data, studies, reports, documentation,
				  information, and other written matter submitted in the adjudicatory hearing,
				  shall be a part of the administrative record of the adjudicatory hearing, and
				  shall be available to the public in the office of the Bureau upon
				  compilation.
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 26.20.34 - General Provisions on Adjudicatory Hearings › Section 26.20.34.08 - Decision

Current through Register Vol. 51, No. 14, July 12, 2024
The Director of the Water Management Administration shall
					 notify the parties to the hearing, in writing and by certified mail, of the
					 final decision. The notice shall include a:
A. Copy of the decision, including findings
				  of fact and conclusions of law in accordance with the Maryland Administrative
				  Procedure Act; and
B. Statement
				  regarding the parties' right of appeal.
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 26.20.34 - General Provisions on Adjudicatory Hearings › Section 26.20.34.09 - Award of Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person
				  may file a petition for award of costs and expenses including attorneys' fees
				  reasonably incurred as a result of that person's participation in any
				  adjudicatory hearing under this subtitle.
B. The petition for an award of costs and
				  expenses including attorneys' fees shall be filed with the Secretary within 45
				  days of receipt of a final decision under Regulation .08 of this chapter.
				  Failure to make a timely filing of a petition may constitute a waiver of the
				  right to this award.
C. The
				  petition shall include the name of the person from whom costs and expenses are
				  sought, and the following shall be submitted in support of the petition:
(1) An affidavit setting forth in detail all
				  costs and expenses, including attorneys' fees reasonably incurred for, or in
				  connection with, the person's participation in the proceeding;
(2) Receipts or other evidence of these costs
				  and expenses; and
(3) If attorneys'
				  fees are claimed, evidence concerning the hours expended on the case, the
				  customary commercial rate of payment for these services in the area, and the
				  experience, reputation, and ability of the individual or individuals performing
				  the 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 26.20.34 - General Provisions on Adjudicatory Hearings › Section 26.20.34.10 - Delegation of Authority; Time Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Director of the Water
				  Management Administration may delegate all or part of his authority to act
				  pursuant to this chapter.
B. The
				  failure of the Bureau to do any act within the time periods specified in this
				  chapter may not be construed as a waiver or a derogation of any rights, powers,
				  or authority of the Department or of 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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.01 - Discovery Methods

Current through Register Vol. 51, No. 14, July 12, 2024
Parties may obtain discovery by one or more of the
					 following methods:
A. Depositions upon
				  oral examination or upon written interrogatories;
B. Written interrogatories;
C. Production of documents or things or
				  permission to enter upon land or other property, for inspection and other
				  purposes; and
D. Requests for
				  admission.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.02 - Time for Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
Following the initiation of a proceeding, the parties may
					 initiate discovery at any time as long as it does not interfere with the
					 conduct of the 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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.03 - Scope of Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  otherwise limited by order of the hearing officer, the parties may obtain
				  discovery regarding any matter, not privileged, which is relevant to the
				  subject matter involved in the proceeding, including the existence,
				  description, nature, custody, condition, and location of any books, documents,
				  or other tangible things, and the identity and location of persons having
				  knowledge of any discoverable matter.
B. It is not ground for objection that
				  information sought will not be admissible at the hearing if the information
				  sought appears reasonably calculated to lead to the discovery of admissible
				  evidence.
C. A party may obtain
				  discovery of documents and tangible things otherwise discoverable under §A of
				  this regulation and prepared in anticipation of or for the hearing by or for
				  another party's representative (including his attorney, consultant, surety,
				  indemnitor, insurer, or agent) only upon a showing that the party seeking
				  discovery has substantial need of the materials in the preparation of his case
				  and that he is unable without undue hardship to obtain the substantial
				  equivalent of the materials by other means. In ordering discovery of these
				  materials when the required showing has been made, the hearing officer shall
				  protect against disclosure of the mental impressions, conclusions, opinions, or
				  legal theories of an attorney or other representative of a party concerning the
				  proceeding.
D. Upon motion by a
				  party or the person from whom discovery is sought, and for good cause shown,
				  the hearing officer may make any order which justice requires to protect a
				  party or person from annoyance, embarrassment, oppression, or undue burden or
				  expense, including one or more of the following:
(1) The discovery may not be had;
(2) The discovery may be had only on specific
				  terms and conditions, including a designation of the time or place;
(3) The discovery may be had only by a method
				  of discovery other than that selected by the party seeking discovery;
(4) Certain matters not relevant may not be
				  inquired into, or that the scope of discovery be limited to certain
				  matters;
(5) Discovery be conducted
				  with no one present except persons designated by the hearing officer;
				  or
(6) A trade secret or other
				  confidential research, development, or commercial information may not be
				  disclosed or be disclosed only in a designated way.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.04 - Sequence and Timing of Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
Unless the hearing officer, upon motion, for the
					 convenience of parties and witnesses and in the interests of justice, orders
					 otherwise, methods of discovery may be used in any sequence and the fact that a
					 party is conducting discovery, whether by deposition or otherwise, may not
					 operate to delay any other party's discovery.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.05 - Supplementation of Responses

Current through Register Vol. 51, No. 14, July 12, 2024
A party who has responded to a request for discovery with a
					 response that was complete when made is under no duty to supplement his
					 response to include information thereafter acquired, except as follows:
A. A party is under duty to supplement timely
				  his response with respect to any question directly addressed to:
(1) The identity and location of persons
				  having knowledge of discoverable matters, and
(2) The identity of each person expected to
				  be called as an expert witness at the hearing, the subject matter on which he
				  is expected to testify, and the substance of his testimony;
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.06 - Motion to Compel Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				  deponent fails to answer a question propounded, or a party upon whom a request
				  is made pursuant to Regulation .11 of this chapter, or a party upon whom
				  answers to interrogatories are served fails to adequately respond or objects to
				  the request, or any part of it, or fails to permit inspection as requested, the
				  discovering party may move the hearing officer for an order compelling a
				  response or inspection in accordance with the request.
B. The motion shall set forth the following:
(1) The nature of the questions or
				  request;
(2) The response or
				  objection of the party upon whom the request was served; and
(3) Arguments in support of the
				  motion.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.07 - Failure to Comply with Orders Compelling Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
If a party or an officer, director, or other agent of a
					 party fails to obey an order to provide or permit discovery, the hearing
					 officer may make such orders in regard to the failure as are just, including
					 but not limited to the following:
A.
				  An order that the matters sought to be discovered or any other designated facts
				  shall be taken to be established for the purposes of the action in accordance
				  with the claim of the party obtaining the order;
B. An order refusing to allow the disobedient
				  party to support or oppose designated claims or defenses, or prohibiting him
				  from introducing designated matters into evidence; or
C. An order striking out pleadings or parts
				  of them, or staying further proceedings until the order is obeyed, or
				  dismissing the action or proceeding or any part thereof, or rendering a
				  judgment by default against the disobedient party.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.08 - Depositions upon Oral Examination or upon Written Questions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  desiring to take the testimony of any other party or other person by deposition
				  upon oral examinations or written questions shall, without leave of the hearing
				  officer, give reasonable notice in writing to every other party, to the person
				  to be examined, and to the hearing officer, of the following:
(1) The proposed time and place of taking the
				  deposition;
(2) The name and
				  address of each person to be examined, if known, or, if the name is not known,
				  a general description sufficient to identify him or the particular group or
				  class to which he belongs;
(3) The
				  matter upon which each person will be examined; and
(4) The name or descriptive title and address
				  of the officer before whom the deposition is to be taken.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.09 - Use of Depositions

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				  hearing, any part or all of a deposition, so far as admissible, may be used
				  against any party who was present or represented at the taking of the
				  deposition, or who had reasonable notice of it.
B. Any deposition may be used by any party
				  for the purpose of contradicting or impeaching the testimony of a deponent as a
				  witness.
C. The deposition of a
				  party or of any one who at the time of taking the deposition was an officer,
				  director, or managing agent or a person designated to testify on behalf of a
				  public or private corporation, partnership, or association or governmental
				  agency which is a party, may be used by an adverse party for any
				  purpose.
D. The deposition of a
				  witness, whether or not a party, may be used by a party for any purpose, if the
				  hearing officer finds that:
(1) The witness is
				  dead;
(2) The witness is at a
				  distance greater than 100 miles from the place of hearing, or is outside the
				  United States, unless it appears that the absence of the witness was procured
				  by the party offering the deposition;
(3) The witness is unable to attend or
				  testify because of age, illness, infirmity, or imprisonment;
(4) The party offering the deposition has
				  been unable to procure the attendance of the witness by subpoena; or
(5) Exceptional circumstances exist that make
				  it desirable, in the interest of justice and with due regard to the importance
				  of presenting the testimony of witnesses orally at the hearing, to allow the
				  deposition to 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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.10 - Written Interrogatories to Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party may serve upon any other party
				  written interrogatories to be answered in writing by the party served or, if
				  the party served is a public or private corporation or a partnership or
				  association or governmental agency, by any officer or agent, who shall furnish
				  this information as is available to the party. A copy of the interrogatories,
				  answers, and all related pleadings shall be served on the hearing officer and
				  upon all parties to the proceeding.
B. Each interrogatory shall be answered
				  separately and fully in writing under oath or affirmation, unless it is
				  objected to, in which event the reasons for objection shall be stated instead
				  of an answer. The answer and objections shall be signed by the person making
				  them. The party upon whom the interrogatories were served shall serve a copy of
				  the answers and objections upon all parties to the proceeding within 30 days
				  after service of the interrogatories, or within such shorter or longer period
				  as the hearing officer may allow.
C. Interrogatories may relate to any matters
				  which can be inquired into under Regulation .03 of this chapter. An
				  interrogatory otherwise proper is not necessarily objectionable merely because
				  an answer to the interrogatory involves an opinion or contention that relates
				  to fact or the application of law to fact, but the hearing officer may order
				  that such an interrogatory need not be answered until after designated
				  discovery has been completed or until a prehearing conference or other later
				  time.
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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.11 - Production of Documents and Things and Entry upon Land for Inspection and Other Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  may serve on any other party a request to:
(1) Produce and permit the party making the
				  request, or a person acting on his behalf, to inspect and copy any designated
				  documents, or to inspect and copy, test, or sample any tangible things within
				  the scope of Regulation .03 of this chapter and which are in the possession,
				  custody, or control of the party upon whom the request is served; or
(2) Permit entry upon designated land or
				  other property in the possession or control of the party upon whom the request
				  is served for the purpose of inspection and measuring, surveying,
				  photographing, testing, or sampling the property (including the air, water, and
				  soil) or any designated object or operation on it, within the scope of
				  Regulation .03 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 26.20.35 - Discovery During Adjudicatory Hearings › Section 26.20.35.12 - Admissions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may
				  serve upon any other party a written request for the admission, for purposes of
				  the pending action only, of the genuineness and authenticity of any relevant
				  document described in or attached to the request, or for the admission of the
				  truth of any specified relevant matter of fact.
B. Each matter of which an admission is
				  requested is admitted unless, within 30 days after service of the request or
				  such shorter or longer time as the hearing officer may allow, the party to whom
				  the request is directed serves on the requesting party:
(1) A sworn statement denying specifically
				  the relevant matters of which an admission is requested;
(2) A sworn statement setting forth in detail
				  the reasons why he can neither truthfully admit nor deny them; or
(3) Written objections on the ground that
				  some or all of the matters involved are privileged or irrelevant or that the
				  request is otherwise improper in whole or in part.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.02 - Surface Mining License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person may not engage in surface mining within the State without first
				  obtaining a surface mining license.
B. Application Requirements for Initial
				  License.
(1) The application for a license
				  shall be on a form furnished by the Department and shall include all
				  appropriate information required by the Department.
(2) The person making the application shall
				  be as follows:
(a) If a corporation is making
				  application, an authorized agent or employee may complete the application, but
				  an officer of the corporation or an authorized agent shall sign the application
				  form;
(b) If a partnership or
				  association is making application, any authorized partner may complete and sign
				  the application form;
(c) An
				  individual making application shall complete and sign the application
				  form.
(3) The person
				  making application for an initial license shall submit the filing fee
				  prescribed by the Act in the form of cash, check, money order, or any
				  combination, made payable to the Department of the Environment.
(4) All licenses shall expire on December 31
				  of the year in which they are issued except as provided in §B(5) of this
				  regulation.
(5) A license issued
				  for an application that is received after November 1 of any calendar year and
				  is approved by the Department shall be issued for up to 14 months as
				  appropriate to include the entire following calendar year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.04 - Review of Application

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall review the application for a surface
					 mining permit (original, modification, renewal, transfer) in accordance with
					 the following procedures:
A. Within 20
				  working days of receipt of an application, accompanying documents, and the
				  appropriate fees, the Department shall review the application to determine
				  whether it contains all information required by Regulation .03C and D of this
				  chapter;
B. If the required
				  information is not included, the Department shall advise the applicant with
				  written or oral notification;
C.
				  Upon receipt of all required information, the Department shall arrange a date
				  and time with the applicant for a site investigation;
D. As a result of the site investigation, the
				  Department shall:
(1) Determine the accuracy
				  of the submitted drawings required by Environment Article, §
											15-822(b)
				  -(d), Annotated Code of Maryland, and Regulation .03D of this
				  chapter;
(2) Determine the
				  acceptability of the proposed mining and reclamation methods;
(3) Determine the potential impacts that the
				  mining activity will have on the environment and public safety; and
(4) Assist the applicant in determining
				  whether other State approvals and permits are required;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.05 - Effect of License Denial or Expiration on Permits

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department denies the renewal of a surface mining
					 license or a licensee fails to renew a license as provided for in Regulation
					 .02D(2) of this chapter, the following shall apply:
A. In accordance with Environment Article, §
										15-821, Annotated Code of
				  Maryland, the Department shall suspend all permits issued to the
				  licensee;
B. If an administrative
				  appeal is not filed, the Department shall revoke all permits issued to the
				  former licensee;
C. The permittee
				  shall reclaim all affected land under all permits that have been revoked
				  pursuant to §B of this regulation within the time period specified by the
				  Department and in accordance with the plans set forth in each permit or as
				  modified by the Department;
D. If
				  reclamation has not begun within the time specified by the Department, the
				  Department shall begin bond forfeiture proceedings in accordance with
				  Environment Article, §
										15-825, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.06 - Termination of Lease

Current through Register Vol. 51, No. 14, July 12, 2024
If a landowner terminates a permittee's lease agreement,
					 the Department may:
A. Transfer the
				  permit to another licensee if the landowner and the permittee
				  consent;
B. Require the permittee
				  to initiate reclamation within 3 months after the date that the lease is
				  terminated or sooner if required by the mining and reclamation plan, and to
				  complete reclamation by a certain date; or
C. Delay any action pending resolution of any
				  outstanding appeals.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.07 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. License and
				  permit fees shall be as prescribed in the Act.
B. Application fees are not
				  refundable.
C. The Department shall
				  return the special reclamation fee and recording fee for the right-of-entry
				  agreement to the applicant if a permit is denied.
D. The Department shall deposit all fees
				  except right-of-entry recording fees in the Surface Mined Land Reclamation
				  Fund.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.08 - Surface Mining License Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In determining whether certain farming,
				  including aquaculture, construction, and processing activities are subject to
				  this chapter, the Department shall apply the criteria set forth in §§B-F of
				  this regulation.
B. Processing
				  Plant.
(1) Operations engaged in processing
				  minerals which are not subject to this chapter are as follows:
(a) Processing plants that are not contiguous
				  to a permit area; or
(b) Processing
				  plants that are contiguous to a permit area, but are not affected by and do not
				  affect the permit area.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.09 - Surface Mining and Reclamation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The practices described in Regulations .10-----.20 of this
					 chapter are the minimum requirements that shall be included in the mining and
					 reclamation plan. The Department may specify additional practices. In addition,
					 the intended use of the affected land shall comply with local land use
					 requirements.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.10 - Grading and Sediment Control

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The permittee shall minimize the removal of vegetation, topsoil, and overburden
				  before surface mining.
B. The
				  permittee shall construct and maintain erosion and sediment control devices in
				  accordance with the grading and sediment control plan approved by the local
				  soil conservation district.
C. The
				  permittee shall confine mining activity to the maximum area of disturbance at
				  any one time as described in the permit.
D. The permittee shall maintain a valid
				  sediment and erosion control approval, including the necessary renewal by the
				  approving authority, for the life of the permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.11 - Topsoil

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permittee
				  shall remove, segregate, and stockpile topsoil on-site for reclamation unless
				  the Department approves the removal from the site in the permit.
B. The permittee shall protect stockpiled
				  topsoil in accordance with the approved mining and reclamation plan by a
				  vegetative cover or by other methods demonstrated to provide protection,
				  including but not limited to, chemical binders and mulching.
C. After the final grade has been completed
				  in accordance with the approved mining and reclamation plan, but before the
				  topsoil is replaced, the permittee shall disk or scarify the land to a depth of
				  2 inches to promote root penetration.
D. The permittee shall distribute topsoil in
				  accordance with the approved mining and reclamation plan in a manner which:
(1) Achieves an approximate uniform
				  thickness;
(2) Prevents excessive
				  compaction of subsoil;
(3) Protects
				  it from erosion before it is seeded.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.12 - Overburden, Mine Waste, and Rock

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The permittee shall use overburden, mine waste, and rock to reduce the slope
				  gradient of highwalls unless the permittee demonstrates that this use is
				  impractical.
B. The permittee shall
				  stabilize storage piles of overburden, mine waste, and rock in accordance with
				  the approved mining and reclamation plan and may not restrict any natural
				  drainage without an approved diversion.
C. The Department may require mine waste
				  piles to be graded, covered with overburden or topsoil, and
				  vegetated.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.13 - Backfilling and Grading

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  permit area shall include any area which will be mined to produce additional
				  materials for backfilling and grading.
B. The mining and reclamation plan shall
				  provide that if settling occurs additional backfilling shall be
				  performed.
C. If the postmining
				  land use includes roads, building sites, or other improvements, the mining and
				  reclamation plan shall require compaction of the fill materials in conformance
				  with good engineering practice.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.14 - Final Slope Gradient

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  designed steepness and proposed treatment of the final slopes of the mined land
				  shall take into consideration the physical properties of the slope material,
				  its probable maximum water content, landscaping requirements, and other
				  factors. For example, the maximum stable slope angle may range from 90 degrees
				  in a sound limestone, igneous rock, or similar hard rock to less than 20
				  degrees in highly expansive clay.
B. The mining and reclamation plan shall
				  specify slope angles flatter than the critical gradient for the type of
				  material involved.
C. Whenever
				  final slopes approach the critical gradient for the type of material involved,
				  the Department may require an engineering analysis of the slope
				  stability.
D. The Department may
				  require additional measures if public safety or adjacent property may be
				  affected.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.15 - Vegetation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permittee
				  shall vegetate the affected area as specified by the Department and by the
				  approved mining and reclamation plan.
B. Vegetation shall include existing roadside
				  and property line screens and any additional plantings specified by the
				  Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.16 - Reclamation Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  permittee shall begin reclamation activities required by this chapter as soon
				  as practicable after mining starts, continuing concurrently with mineral
				  extraction and, upon termination of mining, until the entire permit area is
				  reclaimed.
B. If site conditions
				  dictate that reclamation cannot begin until mineral extraction is terminated,
				  the reasons for this delay shall be detailed in the mining and reclamation
				  plan, and the reclamation shall begin within 30 days of the termination of
				  mineral extraction.
C. The
				  permittee shall complete reclamation in accordance with the mining and
				  reclamation plan within 2 years after mineral extraction has
				  terminated.
D. If reclamation
				  cannot be successfully completed within 2 years after mineral extraction has
				  been terminated, the permittee shall submit a written request to the Department
				  providing:
(1) The reasons for the
				  delay;
(2) A description of
				  measures to stabilize affected land, prevent any pollution, and eliminate
				  hazards to health and safety; and
(3) A written acknowledgement of the delay of
				  the reclamation from the landowner if different from the permittee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.17 - Setback Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  permit area shall be not less than 25 feet measured in a horizontal plane from
				  any property line. This 25-foot setback shall also apply to any easement or
				  right-of-way unless written permission is obtained from the holder of the
				  easement or right-of-way.
B.
				  Setbacks greater than 25 feet may be required whenever the permit area is
				  adjacent to any school, hospital, church, cemetery, river, stream, or similar
				  area.
C. The permit area may not be
				  less than 100 feet measured in a horizontal plane from any of the following:
(1) Any scenic and wild river or its
				  tributaries as designated by Natural Resources Article, §§
											8-401 -8-411,
				  Annotated Code of Maryland;
(2) Any
				  parcel of land that has been designated an area of critical State concern as
				  designated by the Department of State Planning in the State Development Plan
				  under State Finance and Procurement Article, §
											5-611,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.18 - Roads

Current through Register Vol. 51, No. 14, July 12, 2024
A. Construction.
				  The permittee:
(1) Shall construct and
				  maintain access and haul roads in a manner that minimizes erosion and does not
				  cause sedimentation or flooding;
(2) Shall obtain prior approval from the
				  Department for all stream crossings;
(3) May clear vegetation for the essential
				  width necessary for road and associated ditch construction;
(4) Shall stabilize all fill and cut
				  slopes.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.19 - Miscellaneous Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  permittee shall restore temporary stream or watershed diversions to the
				  original conditions wherever practicable as determined by the
				  Department.
B. The permittee shall
				  remove and dispose of any old equipment and man-made materials.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.20 - Impoundments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Impoundments,
				  including wash plant impoundments within surface mining permit limits, shall be
				  permitted in accordance with Environment Article, §
										5-503, Annotated Code of
				  Maryland, and COMAR 26.17.05, or approved by the appropriate soil conservation
				  districts as appropriate according to the size of the impoundment.
B. If surface water or ground water is
				  appropriated or used for purposes of the mining operation, the permittee shall
				  comply with Environment Article, §
										5-502, Annotated Code of
				  Maryland, and COMAR 26.17.04.
C.
				  Any change in course, current, or cross-section of a stream shall be performed
				  in accordance with Environment Article, §
										5-503, Annotated Code of
				  Maryland, and COMAR 26.17.05.
D. A
				  post-mining impoundment shall have a minimum water depth of 5 feet or more in
				  at least 25 percent of its detention area, unless otherwise approved by the
				  Department.
E. The Department may
				  require that an impoundment having a depth greater than 5 feet be constructed
				  with safety devices, including the following:
(1) Vegetative or structural fencing
				  barriers;
(2) Earth
				  berms;
(3) Safety benches;
				  and
(4) Shallow water
				  areas.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.21 - Blasting

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The permittee shall comply with all
				  applicable local, State, and federal laws and regulations and with this
				  regulation in the use of explosives. To the extent this regulation is more
				  restrictive than other applicable law or regulations, this regulation shall
				  control.
(2) The permittee is
				  responsible for insuring that blasting is conducted by a person licensed under
				  Article 38A, §§ 26-36, Annotated Code of Maryland.
(3) The permittee shall conduct blasting so
				  as not to cause injury to persons, damage to public or private property,
				  adverse impacts on an underground mine, or adverse changes in the course,
				  channel, or availability of ground or surface waters.
(4) The Department may prohibit blasting in
				  specific sensitive areas if necessary for public safety.
(5) The Department may require a
				  seismographic record of any blast.
(6) Explosive weight limitations prescribed
				  in Regulation .22B(2) of this chapter do not apply to any detonation when every
				  person owning or controlling potentially affected residences, buildings, or
				  structures within 1,300 feet of the permit area executes a written statement of
				  consent, and that consent is submitted to the Department before
				  detonation.
(7) The permittee shall
				  post a permanent sign, at least 2 feet by 3 feet in size at the entrance of the
				  property, stating "Warning-Blasting Area" in legible letters.
(8) The air blast and ground vibration limits
				  specified in this regulation are considered the threshold below which blasting
				  damage is unlikely to occur. The Department may require an evaluation of any
				  blast site by a vibration consultant and, if necessary, impose more stringent
				  limits to protect property outside the permitted area and not within the
				  permittee's ownership or control, or to protect public safety.
(9) After receipt and review of an
				  application for a permit for a new surface mining operation, or for expansion
				  of a surface mining operation permitted before the enactment of these
				  regulations, the Department may specify a potential impact area and may require
				  a pre-blast survey, to be submitted before any blasting. The pre-blast survey
				  shall document any pre-blasting damage and other physical factors that could
				  reasonably be affected by the blasting.
(10) Assessment of structures such as pipes,
				  cables, transmission lines, wells, and other water systems shall be limited to
				  surface conditions and other readily available data. Special attention shall be
				  given to the pre-blasting condition of wells and other water systems used for
				  human, animal, or agricultural purposes, and to the quantity and quality of the
				  water.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.22 - Ground Vibration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maximum
				  Blasting Limitation.
(1) Blasting near any
				  dwelling, public building, school, church, commercial, or institutional
				  building, or any other structure shall be in accordance with §B of this
				  regulation and Regulation .23 of this chapter.
(2) The maximum peak particle velocity of any
				  blasting operation may not exceed 2 inches per second, measured on the ground
				  adjacent to the nearest structure of concern, unless otherwise directed by the
				  Department. The nearest structure of concern shall be located outside of the
				  permit area, and may not be under the ownership or control of the
				  permittee.
(3) The Department may
				  require the permittee to reduce the peak particle velocity if it determines
				  that a lower standard is required to protect property outside the permitted
				  area, and not under the permittee's ownership or control, or to protect public
				  safety because of sensitive conditions relating to density of population, land
				  use, age or type of structure, geology or hydrology of the area, frequency of
				  blasts, or other factors.
(4) The
				  maximum peak particle velocity of ground motion does not apply to property
				  inside the permit boundary.
(5) The
				  standards included in this regulation are intended to protect conventional
				  low-rise structures such as homes and schools. Engineered structures may safely
				  withstand higher vibration levels and, based upon an approved engineering
				  study, the Department may allow higher vibration levels for engineered
				  structures.