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 26.20.29 - Revegetation › Section 26.20.29.04 - Revegetation Plan

Current through Register Vol. 51, No. 14, July 12, 2024
A. The guidelines
				  in §§B-I of this regulation shall be used in the development of a revegetation
				  plan for the selected postmining land use.
B. Cropland. The plan shall contain
				  appropriate crops for harvesting. These may include row crops, small grain
				  crops, hay crops, nursery crops, orchard crops, or other similar crops. The
				  crops may be planted alone or in combination with herbaceous cover. However, if
				  nursery or orchard crops are planted, they shall include a herbaceous
				  cover.
C. Pastureland and Hay Land.
				  The plan shall include an appropriate selection of grasses and legumes to
				  support the intended use of the area.
D. Forestry and Forest Land. The plan shall
				  include the planting of a variety of trees and shrubs to support the intended
				  use. A herbaceous cover shall also be provided for the area.
E. Residential and Industrial/Commercial. The
				  plan shall provide for a vegetative cover for all open space areas in the
				  developed area. The cover may be herbaceous or a combination of
				  herbaceous/woody cover.
F.
				  Recreation. The plan shall include the planting of a herbaceous cover and, if
				  necessary, the planting of an appropriate variety of trees and shrubs to
				  develop the area.
G. Fish and
				  Wildlife. The plan shall include a herbaceous cover and the appropriate trees
				  and shrubs necessary to enhance the use of the area, and shall be prepared in
				  consultation with the Forest, Park and Wildlife Service and approved by the
				  Bureau.
H. Developed Water
				  Resources. The plan shall provide for the revegetation of all land not covered
				  by water in accordance with one of the above land use categories.
I. Undeveloped Land. The plan shall provide
				  for the revegetation of the area in accordance with the fish and wildlife or
				  forestry land use categories.
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 26.20.29 - Revegetation › Section 26.20.29.05 - Soil-Stabilizing Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suitable
				  mulch and other soil-stabilizing practices shall be used on all regraded and
				  topsoiled areas to control erosion, promote germination of seeds, or increase
				  the moisture-retention capacity of the soil. The Bureau may modify this if
				  seasonal, soil, or slope factors result in a condition when a lower application
				  rate of mulch is adequate to control erosion and to promptly establish an
				  effective vegetative cover.
B. When
				  required by the Bureau, mulches shall be mechanically or chemically anchored to
				  the soil surface to assure effective protection of the soil and
				  vegetation.
C. Annual grasses and
				  grains may be used alone, as in situ mulch, or in conjunction with another
				  mulch, when the Bureau determines that they will provide adequate soil erosion
				  control and will later be replaced by perennial species approved for the
				  postmining land use.
D. Chemical
				  soil stabilizers, alone or in combination with appropriate mulches, may be used
				  in conjunction with vegetative covers approved for the postmining land
				  use.
E. The minimum rate of
				  application for hay or straw mulch is 2-----3 tons per acre.
F. Other mulching materials may be
				  substituted for hay or straw, on written request from the operator, and
				  approval of the Bureau, of the mulch material and the rate of
				  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 26.20.29 - Revegetation › Section 26.20.29.06 - Backfilling and Planting Reports and Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. A backfilling and planting report shall be
				  prepared by the permittee on forms furnished by the Bureau and filed with the
				  Bureau not later than the time the mining and reclamation progress report
				  required by Environment Article, §
										15-508(b),
				  Annotated Code of Maryland, is submitted. The report shall include a location
				  map showing the location of the acres backfilled and planted and covered by the
				  report.
B. The permittee shall
				  review all planted areas before the recognized planting seasons. The permittee
				  shall cause those areas deficient of vegetative cover to be regraded, top
				  dressed with lime and fertilizer, seeded, or mulched, or to have any other
				  necessary treatment to establish a satisfactory cover of vegetation.
C. A vegetation inspection shall be made by
				  the Bureau and the Land Reclamation Committee when the planted area has
				  survived 2 years after the last augmented seeding. Following the inspection by
				  the Bureau and the Land Reclamation Committee, the Bureau shall notify the
				  operator whether the standards for success have been achieved. If standards
				  have been met, the Bureau may then reduce the amount of bond on the area in
				  accordance with COMAR 26.20.14. If the standards have not been met, the Bureau
				  may order the operator to correct the deficiencies.
D. A final inspection shall be made by the
				  Bureau on the planted areas at the end of the 5-year responsibility period. The
				  Bureau shall notify the permittee, in writing, of its approval or disapproval
				  of the revegetation. On areas for which the revegetation is:
(1) Approved, the notification shall include
				  procedures for bond release;
(2)
				  Not approved, the notification shall state the reasons for the
				  disapproval.
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 26.20.30 - Postmining Land Use › Section 26.20.30.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. All affected
				  areas shall be restored in a timely manner to:
(1) Conditions that are capable of supporting
				  the uses which they were capable of supporting before any mining; or
(2) Equal or better uses achievable under
				  criteria and procedures 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 26.20.31 - Inspection and Enforcement › Section 26.20.31.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Failure to
				  comply with the requirements of the Regulatory Program, or any condition of a
				  permit or prospecting approval, may result in both civil and criminal penalties
				  pursuant to Environment Article, 15-520 and 15-521, Annotated Code of Maryland.
				  Further, an operator may be enjoined by the circuit court in the county where
				  the operation is located to enforce compliance with the Regulatory Program,
				  permit, or prospecting approval. In those cases when an operator persistently
				  or repeatedly fails to comply with the Regulatory Program, permit, or
				  prospecting approval, a permit or approval may be revoked by the Bureau, and
				  all bonds forfeited.
B. In general,
				  sanctions will be imposed upon the person licensed to operate under Environment
				  Article, §
										15-504, Annotated Code of
				  Maryland, to whom the applicable permit has been issued which is in violation.
				  However, any officer, director, employee, contractor, or agent of a corporation
				  who willfully and knowingly participates in a violation under the Regulatory
				  Program, permit, or prospecting approval may be subject to all penalty
				  provisions.
C. Any actions to be
				  performed by the Bureau may, unless otherwise noted, be performed by any
				  authorized employee of the Bureau.
D. The Bureau may require the operator to
				  establish and maintain any records reasonably required to show that the
				  operation is being conducted in compliance with these regulations and all
				  permit conditions.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.02 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau shall
				  conduct an average of one partial inspection per month of each active surface
				  mining and reclamation operation, and shall conduct as many partial inspections
				  of each inactive surface mining and reclamation operation as necessary to
				  ensure effective enforcement of the Regulatory Program. A partial inspection is
				  an on-site or aerial review for compliance with some of the permit conditions
				  and requirements of the Regulatory Program.
B. The Bureau shall conduct an average of at
				  least one complete inspection per calendar quarter of each active or inactive
				  surface mining and reclamation operation. A complete inspection is an on-site
				  review for compliance with all permit conditions and requirements of the
				  Regulatory Program.
C. Prospecting
				  operations shall be periodically inspected for compliance with all conditions
				  and requirements of the Regulatory Program and the prospecting
				  approval.
D. Aerial inspections
				  shall be conducted in a manner which reasonably ensures the identification and
				  documentation of conditions of each surface mining and reclamation operation
				  inspected.
E. A potential violation
				  observed during an aerial inspection shall be investigated on-site within 3
				  days, except that any indication of a condition, practice, or violation
				  constituting cause for issuance of a cessation order shall be investigated
				  on-site within 1 day. The on-site investigation of a potential violation
				  observed during an aerial inspection is not considered to be an additional
				  partial or complete inspection.
F.
				  Inspections shall be carried out on an irregular basis and without prior
				  notice. Within 2 weeks of the completion of each inspection, a written report
				  shall be filed at the Bureau containing any findings made, and whether any
				  notice of violation or cessation order was issued as a result of the
				  inspection.
G. For the purposes of
				  this regulation, an inactive surface mining and reclamation operation is one
				  for which:
(1) The Bureau has received from
				  the permittee the written notice provided for under COMAR
				  26.20.05.03 a F; or
(2) Reclamation Phase II as defined in COMAR
				  26.20.14.08 a F(2) has been
				  completed.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.03 - Right of Entry

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau
				  may enter on and inspect any strip mining and reclamation operation or
				  prospecting operation to determine compliance with the requirements of the
				  Regulatory Program, or condition of a permit or prospecting approval. The entry
				  and inspection may occur at reasonable times and upon presentation of
				  appropriate credentials. A search warrant is not required, except when entry
				  into a building is a necessary aspect of the inspection.
B. The Bureau shall be permitted access to
				  any records related to any activities conducted pursuant to the Regulatory
				  Program, permit or prospecting approval, and shall have the right to inspect
				  and copy these records.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.04 - Availability of Enforcement Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless expressly noted in this regulation,
				  all information related to the enforcement of the Regulatory Program and
				  conditions of permits and prospecting approvals shall be open to inspection by
				  the general public for at least 5 years after expiration of the period during
				  which a surface mining and reclamation operation is active or is covered by any
				  portion of a performance bond required by COMAR 26.20.14.
B. Records shall be accessible at the office
				  of the Bureau during normal working hours. The Bureau shall have the right to
				  refuse access when not requested at least 24 hours in advance, provided that,
				  at the time of refusal, a substitute appointment is arranged for the immediate
				  future. Records may not be removed from the office of the Bureau. Copying shall
				  be permitted at fees to be determined 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 26.20.31 - Inspection and Enforcement › Section 26.20.31.06 - Notices of Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Bureau shall issue a notice of violation, whenever an operation is found to be
				  in violation of the Regulatory Program or any condition of a permit or a
				  prospecting approval, and the violation is not of a nature to require the
				  issuance of a cessation order.
B. A
				  notice of violation shall be in writing, signed by the authorized
				  representative who issues it, and shall set forth:
(1) The nature of the violation;
(2) A description of its location on the
				  surface coal mining and reclamation or prospecting operation; and
(3) An order stating the remedial measures to
				  be accomplished and establishing a reasonable time for abatement, which may
				  include a time for accomplishment of interim steps.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.07 - Cessation Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau
				  shall issue a cessation order whenever it is determined that an operation is
				  not in compliance with the requirements of the Regulatory Program, the permit,
				  or the prospecting approval, and that the noncompliance:
(1) Involves mining operations being
				  conducted without a permit or license, outside of a permit area, or in excess
				  of an established open acre limit;
(2) Creates an imminent danger to the health
				  or safety of the public; or
(3) Is
				  causing or can reasonably be expected to cause significant, imminent
				  environmental harm.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.08 - Service of Notices and Orders

Current through Register Vol. 51, No. 14, July 12, 2024
In most instances, notices of violation and cessation
					 orders will be issued by a Bureau inspector immediately upon discovery of
					 conditions warranting the action. The inspector will first attempt to serve the
					 operator at the site of the violation. If the operator is not available, the
					 inspector may serve any individual at the site who appears to be an employee or
					 agent of the permit holder or operator. In all cases, service shall be complete
					 upon tender of a notice or order, and is not deemed incomplete because of
					 refusal to accept delivery. Service may also be effected by mailing a copy of
					 the notice or order in writing, and by certified mail, to the last address the
					 permittee has filed with the Bureau. Service on a person conducting an
					 unpermitted operation may also be effected by certified mail. Service in this
					 manner is complete upon mailing, and not considered incomplete because of
					 refusal to accept delivery.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.09 - Informal Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 10
				  days of issuance of any notice of violation or cessation order, an operator may
				  request an enforcement conference at the mine site or the Bureau to review the
				  grounds of the notice or order. The conference shall be informal in nature, and
				  presided over by the Director of the Bureau or the Director's designee. The
				  conference shall be held within 30 days of receipt of request.
B. The purpose of an enforcement conference
				  is to determine whether any question exists regarding the violation cited by
				  the Bureau as underlying the notice or order. The operator should be prepared
				  to discuss the situation at the mine site, and present any evidence indicating
				  that the Bureau should exercise its authority to modify, terminate, or vacate
				  the notice or order.
C. If a notice
				  or order requires cessation of mining, the Bureau shall hold an enforcement
				  conference within 30 days of the issuance of the notice or order. However, the
				  conference need not be held if waived by the operator or if the violation is
				  abated within this time.
D. If a
				  notice or order requires cessation of mining, the Bureau shall notify the
				  operator, in writing, that an enforcement conference will be held within 30
				  days of the service of the notice or order. The notice shall:
(1) Be delivered to the operator at the time
				  the notice or order is served, or sent by certified mail to the operator not
				  later than 5 days after the notice or order is served;
(2) Inform the operator that the enforcement
				  conference shall be considered to have been waived unless the Bureau is
				  notified that the operator will attend the conference within 30 days after the
				  service of the notice or order; and
(3) Inform the operator that an extension of
				  time for holding the conference shall be considered to have been consented to
				  if the notification under §D(2) of this regulation is received by the Bureau on
				  or after 21 days after the service of the notice or order.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.10 - Formal Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30
				  days of issuance of any notice of violation or cessation order, or within 10
				  days from receipt of the Bureau's decision after an enforcement conference,
				  whichever is later, an operator may request a hearing by the Department to
				  review the notice or order. Formal review may also be requested by any person
				  having an interest which is or may be adversely affected by a notice of
				  violation or cessation order, or by any modification, vacation, or termination
				  of any notice or order, provided that the request shall be submitted within 30
				  days of the action. All requests shall be submitted to the Bureau, in writing
				  and signed by the requestor, and shall contain:
(1) The full name and address of the person
				  requesting the hearing and a telephone number where he can be reached during
				  normal business hours;
(2) The
				  name, address, and telephone number of any attorney representing the requestor,
				  or a statement that he intends to represent himself;
(3) A detailed description of the grounds for
				  the request, including the interests of the requestor which are or may be
				  adversely affected by the decision of the Bureau;
(4) A statement of the specific relief
				  desired;
(5) A general outline of
				  the evidence to be presented in support of the desired relief at the hearing,
				  including the names and addresses of all witnesses expected to be called by the
				  requestor.
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 26.20.31 - Inspection and Enforcement › Section 26.20.31.11 - Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person,
				  including the Secretary of the United States Department of Interior, may
				  petition for leave to intervene at any stage of an administrative proceeding
				  under this subtitle.
B. A
				  petitioner for leave to intervene shall incorporate in the petition a statement
				  setting forth the interest of the petitioner and a showing of why the
				  petitioner's interest is or may be adversely affected.
C. Intervention shall be granted if the
				  petitioner:
(1) Had a statutory right to
				  initiate the proceeding in which the petitioner wishes to intervene;
				  or
(2) Has an interest which is or
				  may be adversely affected by the outcome of the proceeding.
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 26.20.32 - Civil Penalties › Section 26.20.32.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau may
				  assess civil penalties upon the issuance of any notice of violation or
				  cessation order, regardless of a person's subsequent efforts to comply with the
				  requirements of the Regulatory Program.
B. Civil penalties may be as much as $5,000
				  for each violation of the Regulatory Program. Each day of continuing violation
				  may be deemed a separate violation for purposes of penalty
				  assessments.
C. Civil penalties
				  shall be assessed whenever the Bureau issues a cessation order for a violation
				  that creates an imminent danger to the health and safety of the public, or is
				  causing or can reasonably be expected to cause significant, imminent
				  environmental harm.
D. If a person
				  fails to correct a violation within the time specified in either a notice of
				  violation or cessation order, the Bureau shall assess a civil penalty of not
				  less than $750 for each day up to 30 days beyond the compliance deadline during
				  which the violation continues, and may assess this penalty beyond that time for
				  continued noncompliance. However, in all cases the daily penalty may not begin
				  until the Bureau conducts a reinspection of the permit and informs the person
				  that compliance has not been achieved.
E. Whenever the $750 per day penalty of §D of
				  this regulation is not assessed beyond 30 days, the Bureau shall take
				  appropriate action pursuant to the Regulatory Program, within 30 days, to
				  ensure that abatement occurs or to ensure that there will not be a recurrence
				  of the failure to abate.
F. A civil
				  penalty may not be assessed without providing an opportunity for a hearing. If
				  the person charged with the violation fails to request a hearing, the Bureau
				  shall assess a civil penalty only after determining, in writing, that a
				  violation did occur.
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 26.20.32 - Civil Penalties › Section 26.20.32.02 - Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  requirements of a notice of violation or cessation order are expected to be
				  satisfied within 30 days of issuance, the Bureau will await the conclusion of
				  the matter before instituting civil penalty procedures. If satisfactory
				  compliance has not been achieved by that time the Bureau, in its discretion,
				  may wait a further period, or assess a penalty for the first 30 days only,
				  reserving the ability to impose further assessments until compliance is
				  achieved.
B. Civil penalty
				  assessments shall be initiated by sending a Notice of Proposed Assessment, in
				  writing and by certified mail, to the operator. The notice shall contain:
(1) A description of the violation for which
				  the penalty is being assessed, including reference to any related notice of
				  violation or cessation order;
(2)
				  The amount of penalty proposed to be assessed;
(3) The time period covered by the
				  assessment;
(4) A statement of the
				  appeal procedures under this chapter; and
(5) A work sheet showing the computation of
				  the proposed assessment.
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 26.20.32 - Civil Penalties › Section 26.20.32.03 - Informal Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 30
				  days of the date a Notice of Proposed Assessment is served, the person against
				  whom the penalty has been assessed may request an assessment conference at the
				  Bureau regarding the amount of penalty.
B. An assessment conference shall be informal
				  in nature, and presided over by the Director of the Bureau or the Director's
				  designee. The purpose of the conference is to discuss the amount of penalty
				  only.
C. The assessment conference
				  shall be held within 60 days from the date of issuance of the Notice of
				  Proposed Assessment, or the end of the abatement period, whichever is later.
				  Failure by the Bureau to hold the conference within this time period is not
				  grounds for dismissal of all or part of the proposed assessment unless the
				  person against whom the proposed penalty has been assessed proves actual
				  prejudice as a result of the delay.
D. The Bureau shall post notice at the Bureau
				  of the date and time of the assessment conference at least 5 days before the
				  conference. Any person has the right to attend and participate in the
				  conference.
E. An assessment
				  conference may result in an increase or decrease in the amount of
				  penalty.
F. If possible, a
				  settlement agreement can be entered at the conference, under which the operator
				  shall waive all further rights of appeal except as stated in the agreement. If
				  an operator fails to make full payment of any settlement amount within 30 days
				  after the date of signing, the Bureau may enforce the agreement, or rescind it
				  and proceed with final assessment within 30 days from the date of
				  rescission.
G. Within 30 days of
				  the conclusion of an assessment conference, or, in the absence of a request for
				  a conference, within 30 days after the violation is abated, the Bureau shall
				  send a Notice of Final Assessment in writing and by certified mail. The notice
				  shall contain the:
(1) Basis for the Bureau's
				  determination that a violation has occurred;
(2) Amount of penalty assessed, or as
				  stipulated in a settlement agreement and a work sheet if the penalty is raised
				  or lowered.
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 26.20.32 - Civil Penalties › Section 26.20.32.04 - Formal Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The person
				  against whom the final penalty has been assessed may request formal review of
				  the final assessment by submitting a petition and an amount equal to the final
				  assessment to the Bureau within 30 days from receipt of the Notice of Final
				  Assessment. The formal review hearing shall be conducted in accordance with
				  COMAR 26.20.34. If the person has requested formal review of the underlying
				  violation under COMAR
				  26.20.31.09 a, and the fact of the
				  violation has not been adjudicated, formal review of the final assessment may
				  be combined with formal review of the violation.
B. The fact of the violation may not be
				  contested if the person has not requested a hearing to review the notice of
				  violation or cessation order in accordance with COMAR
				  26.20.31.09 a, or if the fact of
				  the violation has been decided in a review proceeding under COMAR
				  26.20.31.
C. At the conclusion of
				  an adjudicatory hearing on an assessment, the hearing officer may increase or
				  decrease the amount set by the Bureau's Notice of Final Assessment.
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 26.20.32 - Civil Penalties › Section 26.20.32.05 - Penalty Assessment Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  In determining the amount of penalty to be assessed for a violation of the
				  Regulatory Program, the Bureau shall compute a separate figure from each of the
				  following categories:
(1) History of previous
				  violations at the same permit site;
(2) Seriousness of the violation;
(3) Negligence or willfulness of the
				  violation;
(4) Effect of the
				  violation; and
(5) Good faith in
				  attempting to achieve compliance.
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 26.20.32 - Civil Penalties › Section 26.20.32.06 - Payment of Penalty Amount

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  all cases, civil penalty assessments shall be paid within 30 days of receipt of
				  a Notice of Final Assessment. Failure to forward the full amount within this
				  time shall result in a loss of any right to contest or otherwise appeal the
				  penalty amount, or the violation on which the assessment is based.
B. The Bureau shall place all penalty
				  payments in escrow pending expiration of appeal deadlines or final resolution
				  of any challenge to the violation or penalty amount.
C. If the final decision upon appeal results
				  in elimination or reduction of a penalty, the Bureau shall refund the amount
				  within 30 days, with interest from the date of payment into escrow to the date
				  of refund at the rate of 6 percent.
D. If the final decision upon appeal results
				  in an increase in a penalty, the person shall forward the full amount to the
				  Bureau within 15 days of the decision.
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 26.20.32 - Civil Penalties › Section 26.20.32.07 - Individual Civil Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Definitions. For the purpose of this regulation, the following terms have the
				  meanings indicated:
(1) "Knowingly" means
				  that an individual knew or had reason to know in authorizing, ordering, or
				  carrying out an act or omission on the part of a corporate permittee that the
				  act or omission constituted a violation, failure, or refusal;
(2) "Violation, failure, or refusal" means a:
(a) Violation of a condition of a permit
				  issued pursuant to the Regulatory Program, or
(b) Failure or refusal to comply with any
				  order issued under the Regulatory Program or any order incorporated in a final
				  decision issued by the Department, except an order to pay a civil penalty
				  issued in accordance with this chapter or in accordance with Environment
				  Article, §
												15-521, Annotated Code of
				  Maryland;
(3)
				  "Willfully" means that an individual acted either intentionally, voluntarily,
				  or consciously, and with intentional disregard or plain indifference to legal
				  requirements in authorizing, ordering, or carrying out a corporate permittee's
				  action or omission that constituted a violation, failure, or refusal.
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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any permit
				  issued under the Regulatory Program may be revoked upon a determination by the
				  Bureau that a permittee has persistently or repeatedly failed to comply with
				  the requirements of the Regulatory Program, or has failed to produce coal or
				  remove overburden on the permit site for a period in excess of 6
				  months.
B. If the Director
				  determines that a permittee has persistently or repeatedly failed to comply
				  with any requirements of the Regulatory Program, or that the permittee has not
				  produced coal or removed overburden on the permit site for more than 6 months,
				  the Director shall issue an order which requires the permittee to show cause
				  why the permit should not be revoked and the bonds forfeited, and shall give
				  the permittee 30 days in which to request an adjudicatory hearing.
C. Violations by a person conducting surface
				  coal mining and reclamation operations on behalf of the permittee shall be
				  attributed to the permittee unless the permittee proves that they were acts of
				  deliberate sabotage.
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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.02 - Persistent Failure to Comply

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Director may determine that a permittee has persistently failed to comply
				  with the requirements of the Regulatory Program if, on two or more occasions
				  within a 12-month period, a permittee has failed to meet the requirements of a:
(1) Notice of violation within the time limit
				  set forth in the NOVO;
(2)
				  Cessation order within the time limit set forth in the order.
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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.03 - Repeated Failure to Comply

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Director may review the history of violations of a permittee who, within a
				  12-month period, has been issued on:
(1) Two
				  or more occasions violation of the same or related requirements of the
				  Regulatory Program;
(2) Three or
				  more occasions for violations of different requirements 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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.04 - Show Cause Order and Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  If, after a review of the history of any permit, the Director determines that a
				  persistent or repeated failure to comply under Regulation .02 or .03 of this
				  chapter exists or has existed, or that the permittee has not produced coal or
				  removed overburden on the permit site for more than 6 months, the Director
				  shall issue a show cause order as required by Regulation .01B of this
				  chapter.
B. The Director may
				  decline to issue a show cause order if he finds that, taking into account
				  exceptional factors present in the particular case, it would be demonstrably
				  unjust to issue the order. The basis for this finding shall be documented, in
				  writing, and may include a determination that the violations were not the
				  result of willful or unwarranted failure to comply on the part of the
				  permittee.
C. A show cause order
				  issued by the Director shall be in writing and sent by certified mail to the
				  permittee. The order shall contain a:
(1)
				  Detailed description of the basis for the Bureau's determination that the
				  permittee has persistently or repeatedly failed to comply with the requirements
				  of the Regulatory Program, or has failed to produce coal or remove overburden
				  on the permit site for a period in excess of 6 months;
(2) Statement that the permittee has 30 days
				  from receipt of the order to request an adjudicatory hearing;
(3) Statement that unless the permittee
				  requests an adjudicatory hearing to show cause why the permit should not be
				  revoked and the bonds forfeited, the Bureau will immediately, upon expiration
				  of the 30-day period, revoke the permit and forfeit the bonds covering the
				  permit area;
(4) Statement that the
				  permittee may be represented by an attorney;
(5) Statement that permit revocation and bond
				  forfeiture will result in denial of future Maryland operator licenses to anyone
				  involved in the failure to comply with 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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.05 - Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, at any time
				  before a final decision in a permit revocation and bond forfeiture proceeding,
				  the permittee demonstrates that the permittee is making good faith efforts to
				  bring the operation into compliance and submits a schedule acceptable to the
				  Bureau for bringing the operation into complete compliance, the parties may
				  request the hearing officer to order the temporary suspension of the permit,
				  instead of revocation and forfeiture.
B. Suspension of a permit shall be accepted
				  by the permittee in a written agreement in which the permittee stipulates to:
(1) The facts and circumstances which led to
				  the show cause order;
(2) The
				  present conditions at the permit site;
(3) A specific reclamation or compliance
				  schedule;
(4) The submission of
				  periodic reports, or other conditions required by the Bureau, to ensure the
				  operation is brought into compliance;
(5) The payment of any civil penalties
				  assessed against the permittee within 30 days of the execution of the
				  agreement; and
(6) The immediate
				  revocation of the permit and forfeiture of the bonds by the Director, without
				  further adjudication, if the permittee fails to comply with the
				  schedule.
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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.06 - Revocation and Forfeiture

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  the right of appeal is not exercised within the appeal deadline, or if the
				  final decision upon appeal is to revoke the permit and forfeit the bond, the
				  Director shall, in writing, and by certified mail, notify the former permittee
				  and the surety, if applicable, that all bonds are forfeited and shall make
				  claim for payment. The notice and claim shall advise that payment may be
				  avoided if the former permittee or another person with a financial interest in
				  the permit begins reclamation activities and continuously reclaims the site in
				  accordance with a compliance schedule which meets the conditions of the
				  Regulatory Program.
B. Completion
				  of reclamation work by a third party, instead of forfeiture, does not entitle
				  that party to receipt of any collateral held by the Bureau. In all instances,
				  the Bureau shall return collateral to the former permit holder in the same
				  manner as if the permit had not been revoked, and may not become involved in
				  private arrangements between the former permit holder and a third
				  party.
C. In all cases, the total
				  bond amount or other collateral held on a permit shall be forfeited, regardless
				  of the actual amount of reclamation work required at the site. The Director
				  shall pay all forfeited bond funds into the Bituminous Coal Open-Pit Mining
				  Reclamation Fund.
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 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture › Section 26.20.33.07 - Service of Show Cause Orders and Notices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Show cause orders and any notices required
				  by this chapter shall be served on the permittee at the address shown on the
				  permit, or on the operator's license.
B. Service shall be made by sending a copy of
				  the order or notice by certified mail. Service shall be complete upon mailing
				  and may not be deemed incomplete because of refusal to accept.
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 26.20.34.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever the right to request an adjudicatory hearing is
					 provided by the Regulatory Program, the conduct of any resulting adjudicatory
					 hearing is governed by this chapter, any specific requirements contained in the
					 chapter authorizing an adjudicatory hearing, and the Maryland Administrative
					 Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code
					 of Maryland.
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 26.20.34.02 - Initial Review of Request for Adjudicatory Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall review a request for an
				  adjudicatory hearing and shall consider the following criteria in reaching a
				  decision to grant or deny an adjudicatory hearing:
(1) Whether the request was timely
				  made;
(2) Whether the request
				  contains all the required information;
(3) Whether the request raises issues within
				  the scope of the statutory authority of the Bureau;
(4) Whether the issues presented in the
				  request are relevant and material; and
(5) Whether the request demonstrates that the
				  requestor has a right, duty, interest, statutory entitlement, or privilege
				  which is or may be adversely affected.
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 26.20.34.03 - Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant or
				  permittee shall be made a party to any adjudicatory hearing involving a permit
				  application or permit under the Regulatory Program.
B. The Bureau shall in all cases be made a
				  party to any adjudicatory hearing under the Regulatory Program.
C. Any person may be granted intervention as
				  a party upon a showing, before the beginning of the hearing, that they would
				  have been entitled to request a hearing in their own right, and that existing
				  parties cannot be expected to adequately represent their interests.
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 26.20.34.04 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  the date of the adjudicatory hearing, the hearing officer may hold a prehearing
				  conference, for which he shall give notice to all parties of the date, time,
				  and place.
B. At a prehearing
				  conference or within some reasonable time set by the hearing officer, each
				  party shall make available to the other parties the names of experts and other
				  witnesses the party expects to call, together with a brief written summary of
				  their anticipated testimony.
C. At
				  a prehearing conference, or within some reasonable time set by the hearing
				  officer, the following matters shall be considered:
(1) The documents within the administrative
				  file shall be identified;
(2)
				  Stipulations and admissions of facts and the genuineness of documents and other
				  matters upon which there is agreement shall be identified;
(3) Matters of which official notice shall be
				  taken shall be identified;
(4)
				  Disputed issues of a purely legal nature shall be identified;
(5) When possible, consideration shall be
				  given and decisions made upon objections to the introduction into evidence at
				  the hearing of any written documents, papers, exhibits, testimony, or materials
				  proposed to be introduced at the hearing by a party;
(6) A schedule of presentation order for the
				  following shall be established:
(a)
				  Submission of written statements;
(b) Presentation of oral
				  statements;
(c) Presentation of
				  oral direct and cross-examinations;
(d) Presentation of oral arguments.
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 26.20.34.05 - Conduct of Adjudicatory Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An adjudicatory hearing shall be conducted generally in the following order,
				  unless modified by the hearing officer during the prehearing conference:
(1) Call of the case by the hearing
				  officer;
(2) Opening statements by
				  the parties;
(3) Presentation of
				  evidence in the following order:
(a) Unless
				  otherwise directed by the specific regulation providing a right to a hearing,
				  the party requesting the hearing has the burden of proof on all material
				  issues, has the burden of going forward to present an affirmative case upon the
				  issues, and has the ultimate burden of persuasion;
(b) Other parties;
(c) Rebuttals in the same order;
(d) Closing statements of the parties in the
				  same order of opening statements.