reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.23 - Blasting Procedures; Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The permittee may conduct blasting from 7
				  a.m. to 10 p.m. local time, except that the Department may impose a more
				  restrictive time period if required by the local government pursuant to a local
				  ordinance.
B. The permittee shall
				  use sufficient stemming or natural cover to prevent flyrock from leaving the
				  permit site.
C. If a permittee
				  proposes to perform any blasting within 1,000 feet of any occupied dwelling,
				  the operator shall notify any occupant and owner in the following manner:
(1) The permittee shall publish a blasting
				  schedule in a newspaper of general circulation in the locality of the blasting
				  site and distribute a copy to each resident and owner of any occupied dwelling
				  or structure at least 30 days, but not more than 45 days, before beginning a
				  blasting program;
(2) The copies of
				  the schedule shall be sent by regular mail or hand delivered and record of
				  notification and certification of publication shall be retained with the
				  blasting records as required by §F of this regulation;
(3) The permittee shall republish and
				  redistribute the schedule by regular mail or hand delivery whenever there is a
				  change in the criteria specified by §C(5) of this regulation and at least every
				  12 months;
(4) A blasting schedule
				  may not be so general as to cover the entire permit area or all working hours
				  but shall identify as accurately as practicable the location of the blasting
				  sites and the time periods when blasting will occur;
(5) The blasting schedule shall contain at a
				  minimum:
(a) Name, address, and telephone
				  number of permittee,
(b)
				  Identification of those specific areas which are not larger than 125 acres each
				  in which blasting will take place,
(c) Dates and time periods when explosives
				  are to be detonated, expressed in not more than 5-hour segments, not to exceed
				  an aggregate of 10 hours in any one day,
(d) Methods to be used to control access to
				  the blasting area,
(e) A
				  description of the audible warnings and all-clear signals to be used before and
				  after blasting;
(6) If
				  blasting cannot be conducted in accordance with the published schedule because
				  of weather or other circumstances, the permittee shall notify the Department of
				  the reason and the date and time of blast at least 1 hour before
				  detonation.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.24 - Seismographic Measurements

Current through Register Vol. 51, No. 14, July 12, 2024
A. When
				  seismographic measurements are required the following shall apply:
(1) A record of each blast shall be
				  kept.
(2) All records including
				  seismographic reports shall be retained at least 4 years and shall be available
				  for inspection and shall contain the following minimum data:
(a) Name of blasting company or blasting
				  contractor;
(b) Location, date, and
				  time of blast;
(c) Name, signature,
				  Social Security number of blasters;
(d) Type of material blasted;
(e) Number of holes, burden, and
				  spacing;
(f) Diameter and depth of
				  holes;
(g) Type of explosives
				  used;
(h) Total amount of
				  explosives used;
(i) Maximum amount
				  of explosives per delay period of 8 milliseconds or greater;
(j) Maximum number of holes per delay period
				  of 8 milliseconds or greater;
(k)
				  Method of firing and type of circuit;
(l) Direction and distance in feet to nearest
				  dwelling house, public building, school, church, commercial, or institutional
				  building not owned or leased by the person conducting the blasting;
(m) Weather conditions (including such
				  factors as wind direction and cloud cover);
(n) Height or length of stemming;
(o) Mats or other protection used;
(p) Type of detonators used and delay periods
				  used;
(q) The exact location of the
				  seismograph, and the distance of the seismograph from the blast;
(r) Seismographic readings;
(s) Name and signature of person operating
				  seismograph;
(t) Name of person and
				  the firm analyzing seismographic record.
(3) All field seismographs shall record the
				  full analog wave form of the three mutually perpendicular components of motion
				  in terms of particle velocity. All seismographs shall be capable of internal
				  dynamic calibration and shall be calibrated according to the manufacturer's
				  recommendations.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.25 - Landfills

Current through Register Vol. 51, No. 14, July 12, 2024
A. If any part of
				  the affected land is to be used as a landfill during mining or upon completion
				  of mining, the Department may suspend the reclamation requirements for the
				  area.
B. The permittee shall obtain
				  the prior written approval of the Maryland Department of the Environment and
				  any other appropriate State, county, or local agency before engaging in
				  landfilling activities.
C. The
				  permittee shall provide a time schedule to the Department for the orderly and
				  timely completion of the landfill.
D. Lands used for a landfill shall continue
				  under performance bond for the benefit of the Department until the land is
				  approved by the Department for release.
E. The performance bond may be released if
				  the Maryland Department of the Environment or other appropriate regulating
				  agency approves a performance bond that is equal to or greater than the amount
				  of bond held by the Department and if the bond provides that the mined area
				  will be adequately reclaimed.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.26 - Archaeological Artifacts, Historical Sites, and Threatened and Endangered Species

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  application for a permit shall indicate the existence of known archaeological
				  artifacts, historical sites, threatened or endangered species, or species in
				  need of conservation located within the property to be permitted. Threatened
				  and endangered species are defined in Natural Resources Article, § 10-2 A-01,
				  Annotated Code of Maryland. Species in need of conservation are listed in COMAR
				  08.03.08.
B. The Department may
				  require an archaeological, historical, threatened and endangered species, or
				  species in need of conservation evaluation of any site before issuance of a
				  surface mining permit.
C. In order
				  to prevent or minimize adverse effects on these special State resources, the
				  Department may deny or modify an application for a surface mining permit in any
				  area where the existence of artifacts of archaeological value, historical
				  structures, threatened and endangered species, or species in need of
				  conservation have been documented.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.27 - Surface Mining Permit Bond or Other Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before the Department may issue a surface
				  mining permit, an applicant shall file a performance bond with the Department
				  in accordance with Environment Article, §
										15-823, Annotated Code of
				  Maryland.
B. Liability under the
				  bond shall be for the duration of the mining permit, and for a period of 5
				  years after the permit's expiration date.
C. The bond shall be released before the time
				  specified in §B of this regulation if the Department determines that the
				  reclamation has been completed in accordance with the permit, the approved
				  mining and reclamation plan, and the topographic map.
D. Upon application of the permittee, the
				  Department may make a partial release of the bond in proportion to the amount
				  of land reclaimed as set out in §E of this regulation.
E. A site shall be considered reclaimed if
				  all of the following conditions are met:
(1)
				  The site has been reclaimed in accordance with the permit, the approved mining
				  and reclamation plan, and topographic map;
(2) If vegetation is required, it has been
				  viable for at least two or more growing seasons;
(3) 90 percent of the permit area that is
				  required to be vegetated has been successfully vegetated;
(4) If the permit area is to be reclaimed as
				  farmland, the operator shall demonstrate that two or more crops have been
				  harvested, and that the crop yield is typical of the area;
(5) Any trees that have been planted survive
				  three or more growing seasons.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.28 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §B of this regulation, the Department will not consider the
				  information contained in applications for a surface mining license or surface
				  mining permit and any supporting documents to be confidential, unless the
				  applicant requests that information not be disclosed by the Department in
				  accordance with State Government Article, Title 10, Subtitle 6, Annotated Code
				  of Maryland.
B. The following
				  information submitted to the Department is confidential and not a matter of
				  public record and may be released only with the written consent of an applicant
				  or permittee:
(1) Information pertaining to
				  the volume of mineral produced and the value of product that is submitted on
				  the Annual Mining and Reclamation Report;
(2) Information resulting from test borings
				  submitted as a requirement to obtain a surface mining 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 26.21.01.29 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				  other enforcement remedies provided by law, if the Department has reason to
				  believe that an operation is in violation of the Act, these regulations, or the
				  permit, the Department may issue a site complaint, notice of violation, stop
				  work order, or any combination of these notices.
B. Site Complaints and Notices of Violation.
(1) A site complaint or notice of violation
				  shall be in writing, signed by an authorized representative of the Department,
				  and shall contain the following:
(a) Name of
				  the violator;
(b) Factual findings
				  of the Department;
(c) Description
				  of the location of the violation;
(d) Statute, regulation, or permit condition
				  that the Department believes to have been violated;
(e) Description of the remedial measures to
				  be taken and a time limit including a schedule for interim steps;
(f) Notice of the opportunity for a
				  hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.01 - Surface Mining › Section 26.21.01.30 - Certification of Inspectors

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall employ qualified inspectors and other personnel to enforce the
				  Act, these regulations, and permit conditions.
B. Criteria for qualifying as an inspector
				  shall include the following:
(1) A college
				  degree in mining engineering, civil engineering, geology, hydrology, agronomy,
				  forestry, biology, or any of the physical or earth sciences; or
(2) A working knowledge of erosion and
				  sediment control technology, health, safety, earth moving, or any other field
				  pertinent to surface mining activities.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of this chapter, which are in addition to
					 the requirements of COMAR 26.21.01, apply to permit applications for surface
					 mines that:
A. Are located in karst
				  terrane, as defined in Environment Article, §
										15-813, Annotated Code of
				  Maryland, within Baltimore, Carroll, Frederick, and Washington counties;
				  and
B. Require a water
				  appropriation permit under Environment Article, §
										5-502, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Carbonate rock" means a rock primarily
				  composed of calcium carbonate or magnesium carbonate.
(2) "Dewatering effects" means the lowering
				  of ground water levels as a result of pumping ground water out of a surface
				  mine.
(3) "Sinkhole" means a sudden
				  subsidence or collapse of the land surface in an area where the bedrock is
				  comprised of carbonate rock.
(4)
				  "Zone of dewatering influence" means an area:
(a) Approved by the Department, based on
				  Environment Article, §
												15-813, Annotated Code of
				  Maryland, around a surface mine in karst terrane;
(b) In which dewatering of the surface mine
				  may significantly interfere with water supply wells and may cause sudden
				  subsidence of land; and
(c) In
				  which the Department may require the permittee to:
(i) Replace water supplies that fail as a
				  result of declining ground water levels,
(ii) Repair property damage caused as a
				  result of the sudden subsidence of the surface of the land, or
(iii) Pay monetary compensation to the
				  affected property owner if the subsidence cannot be repaired.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.03 - Permit Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Monitoring Network.
(1) The Department may
				  require the permittee to establish a ground water monitoring observation
				  network in the vicinity of the surface mine. The locations of monitoring points
				  and the frequency of measurements shall be specified by the Department in the
				  permit.
(2) Existing and privately
				  owned wells may be a part of the monitoring network if approved by the
				  Department and written consent is given by the property owner.
(3) The Department may require the permittee
				  to install monitoring wells.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.04 - Sinkhole Occurrence Within the Zone of Dewatering Influence

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the
				  permittee becomes aware that a sinkhole has occurred within a zone of
				  dewatering influence, the permittee shall immediately:
(1) Report the occurrence to the Department;
				  and
(2) Implement appropriate
				  safety measures to protect the public.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.05 - Water Supply Loss Within the Zone of Influence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within the Zone of Dewatering Influence.
(1) The permittee shall:
(a) Notify the Department within 24 hours of
				  any reported or known water supply failure; and
(b) File a written report with the Department
				  within 72 hours of the notification that identifies the cause of the water loss
				  and how and when the permittee will replace water supply.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.02 - Zone of Dewatering Influence › Section 26.21.02.06 - Request for Contested Case Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Water Supply Replacement.
(1) Within 14 days of the mailing date of a
				  decision by the Department regarding the replacement of a water supply, an
				  aggrieved party may make a written request for a contested case
				  hearing.
(2) The request for a
				  contested case hearing shall be in writing and shall clearly state the reasons
				  for the request and the remedy sought.
(3) A request for a contested case hearing
				  does not stay the findings of the Department in regard to water supply
				  replacement.
(4) An aggrieved party
				  may request a stay of the final decision of the Department as provided in
				  Environment Article, §
											5-204(h),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.03 - Public Notice for Existing Permits › Section 26.21.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
For surface mining permits issued before the effective date
					 of this regulation, for which the Department is to establish zones of
					 dewatering influence in accordance with Environment Article, §
										15-812, Annotated Code of
					 Maryland, the Department shall provide public notice and informational hearings
					 in accordance with the provisions of this chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.03 - Public Notice for Existing Permits › Section 26.21.03.02 - Interested Persons List

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall compile an interested persons list
					 containing the names of:
A. All
				  property owners within and contiguous to the Department's proposed zone of
				  dewatering influence;
B.
				  Appropriate local officials; and
C.
				  All individuals that comment on, make inquiries about, or provide information
				  about the zone.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.03 - Public Notice for Existing Permits › Section 26.21.03.03 - Public Informational Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the Department has made a tentative
				  decision on the areal extent of the zone of dewatering influence, a public
				  informational hearing shall be conducted to discuss the proposed
				  zone.
B. The Department shall
				  notify all persons on the interested persons list of the time, date, and
				  location of the public informational hearing a minimum of 14 days before the
				  hearing. The Department shall publish notice of the public informational
				  hearing in a newspaper of general circulation in the county where the surface
				  mine is located a minimum of 14 days before the scheduled public informational
				  hearing.
C. The public notice
				  provided under §B of this regulation shall include:
(1) The name and location of the surface mine
				  operation;
(2) The name, address,
				  and telephone number of the office within the Department from which information
				  regarding the proposed zone of dewatering influence may be obtained;
(3) A statement that further notices about
				  the decision of the Department regarding establishment of the zone of
				  dewatering influence will be provided only by mail to those persons on the
				  interested persons list;
(4) A
				  description of how persons may submit information or comments about the
				  proposed zone of influence or request to be on the interested persons list;
				  and
(5) The date, time, and
				  location of the public informational hearing.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.03 - Public Notice for Existing Permits › Section 26.21.03.04 - Department Decision

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall mail written notice of the decision
					 establishing the zone of dewatering influence to:
A. The permittee; and
B. Persons on the interested persons
				  list.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.03 - Public Notice for Existing Permits › Section 26.21.03.05 - Requests for Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A person on the interested persons list aggrieved by the
					 decision of the Department regarding establishment of the zone of dewatering
					 influence may request a contested case hearing as provided in Environment
					 Article, §
										5-204, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of
				  this chapter is to establish certain requirements pertaining to the use of coal
				  combustion byproducts in the reclamation of a noncoal surface mine.
B. Except as otherwise specifically provided
				  in this chapter, this chapter applies to persons engaged in the generation,
				  storage, handling, processing, recycling, or use of coal combustion byproducts
				  that are used or are to be used in the reclamation of a noncoal surface
				  mine.
C. Compliance with the
				  provisions of this chapter does not relieve a person from the duty to comply
				  with any other applicable federal, State, and local laws, regulations, and
				  ordinances.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) Coal Combustion Byproducts.
(a) "Coal combustion byproducts" means the
				  residue generated by or resulting from the burning of coal.
(b) "Coal combustion byproducts" includes fly
				  ash, bottom ash, boiler slag, pozzolan, and other solid residuals removed by
				  air pollution control devices from the flue gas and combustion chambers of coal
				  burning furnaces and boilers.
(c)
				  "Coal combustion byproducts", in this chapter, does not include flue gas
				  desulfurization sludge and other solid residuals recovered from flue gas by wet
				  or dry methods.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.03 - Authorization of Use and General Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorization of Use.
(1) Coal combustion byproducts may be used in
				  the reclamation of a permitted noncoal surface mine only when approved by the
				  Department.
(2) The Department
				  shall review and approve the use as part of a permit review or permit
				  modification in accordance with this chapter and in accordance with the
				  applicable provisions of Environment Article, Title 15, Subtitle 8, Annotated
				  Code of Maryland, and COMAR 26.21.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.05 - Initial and Ongoing Characterization

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who uses or intends to use, or
				  gives, sells, or otherwise provides for use, coal combustion byproducts for
				  noncoal surface mine reclamation shall develop and implement a sampling plan,
				  using a methodology acceptable to the Department for the initial
				  characterization of the coal combustion byproducts.
B. The sampling plan shall include the
				  following:
(1) A list of the parameters to be
				  analyzed and their detection limits (Practical Quantitation Limits-PQL), which
				  shall include, at a minimum, the following:
ELEMENTS AND INDICATOR PARAMETERS
PQL(mg/kg)
Total Aluminum
40
Total Antimony
1
Total Arsenic
1
Total Barium
1
Total Beryllium
1
Total Boron
20
Total Cadmium
1
Total Chromium
1
Total Calcium
1
Total Cobalt
1
Total Copper
2
Total Iron
500
Total Lead
1
Total Magnesium
100
Total Lithium
1
Total Manganese
1
Total Mercury
0.2
Total Molybdenum
10
Total Nickel
5
Total Potassium
100
Total Selenium
4
Total Silver
1
Total Sodium
100
Total Sulfur
10
Total Thallium
50.0
Total Vanadium
4
Total Zinc
10
(2) A description of analytical methods to be
				  used in the characterization, which is subject to the approval of the
				  Department; and
(3) Other
				  information as may be required by the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.07 - Monitoring

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  proposes to use coal combustion byproducts in the reclamation of a noncoal
				  surface mine shall submit a monitoring plan to the Department for review and
				  approval.
B. The monitoring plan
				  shall be prepared in accordance with the following requirements and include at
				  least the following information:
(1) A
				  description of a system for monitoring the quality of the waters of the State
				  around and beneath the site, including:
(a) A
				  description of the number, location, and types of monitoring wells and sampling
				  stations;
(b) The methods of
				  construction of the monitoring wells; and
(c) A monitoring well location map;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.08 - Closure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Design
				  Features.
(1) As each section of the mine
				  reclamation using coal combustion byproducts is completed, the section shall be
				  closed using the minimum design features specified in this regulation, unless
				  otherwise approved by the Department.
(2) Low Permeability Layer. A low
				  permeability cap shall be emplaced over the filled area. The cap material shall
				  consist of synthetic material with a minimum thickness of 20 mil and a maximum
				  permeability of 1 x 10-10 centimeters/second, or a
				  minimum of 1 foot of clay or other natural fine-grained material having an
				  in-place permeability less than or equal to 1 x 10-7
				  centimeters/second. The cap shall be installed with a minimum slope of 4
				  percent to facilitate drainage of percolate. The cap shall be placed on a
				  bedding that is free of rocks, roots, and other injurious materials.
(3) Drainage Layer. A drainage layer with a
				  minimum thickness of 6 inches shall be emplaced immediately above the low
				  permeability cap. Acceptable drainage layer material shall include clean sand
				  or other natural coarse grained material with an in-place permeability greater
				  than 1 x 10-3 centimeters/second adequate to remove
				  water from above the low permeability layer sufficiently quickly that the
				  overlying protective layers remain stable. The drainage layer shall be free of
				  materials which may puncture or otherwise jeopardize the integrity of the low
				  permeability cap. Commercially available filter fabrics, when used in
				  conjunction with synthetic drainage blankets, may serve instead of the fine
				  material, provided that the Department reviews and approves the selected
				  materials and design configuration.
(4) Soil Cover. A final earthen cover shall
				  be placed over the drainage layer. The minimum cover thickness shall be 2 feet.
				  The minimum cover slope shall be 4 percent to facilitate surface drainage from
				  the site. The cover material shall contain sufficient organic material and
				  nutrients to sustain a vegetative cover over time. Topsoil, or topsoil created
				  using sewage sludge, and less select soils as authorized by COMAR 26.04.06,
				  shall constitute acceptable final cover.
(5) Vegetative Stabilization. Within 30 days
				  after the final earthen cover has been installed, the area shall be
				  vegetatively stabilized using a perennial cover species as specified in the
				  mining and reclamation plan.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.09 - Post-Closure Monitoring and Maintenance

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permittee shall conduct post-closure
				  monitoring and maintenance of a permitted site as specified in this regulation
				  for a period of time not less than 5 years after the complete installation of
				  the closure cap under Regulation .08 of this chapter. This time period may be
				  extended by the Department if the Department determines an extension is
				  necessary under §F of this regulation.
B. A permittee shall conduct all leachate
				  management activities necessary to insure that no discharge of leachate to the
				  ground water or unauthorized discharge to surface water occurs during the
				  post-closure period.
C.
				  Inspections. A permittee or a permittee's authorized representative shall
				  inspect a closed site at least twice a year. The inspection shall include:
(1) Observation of the cover at the
				  site;
(2) Notation of any drainage
				  irregularities or signs of erosion of the cover;
(3) Notation of any surface expressions of
				  leachate at the site; and
(4)
				  Checking the status of the monitoring wells.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.10 - Drinking Water Supply

Current through Register Vol. 51, No. 14, July 12, 2024
Based upon monitoring data, if a drinking water supply is
					 impacted as determined by the Department during active operation or during
					 post-closure up to the time of bond release, a permittee shall:
A. Immediately provide a temporary potable
				  water supply as directed by the Department until a permanent replacement is
				  restored or replaced; and
B.
				  Replace at no cost to affected persons a permanent potable water supply that
				  meets the minimum yield requirements established in COMAR 26.04.04.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.11 - Coordinated Review

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall coordinate the review of an
					 application for the use of coal combustion byproducts in noncoal surface mine
					 reclamation with all relevant Department administrations. The Department may
					 seek comment and advice from other agencies as it considers
					 appropriate.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 21 - MINING › Chapter 26.21.04 - Utilization of Coal Combustion Byproducts in Noncoal Surface Mine Reclamation › Section 26.21.04.12 - Unauthorized Use of Coal Combustion Byproducts

Current through Register Vol. 51, No. 14, July 12, 2024
A use of coal combustion byproducts in a noncoal surface
					 mine reclamation operation that is not in compliance with the provisions of
					 this chapter as determined by the Department may be a disposal of a solid waste
					 as determined by the Department and subject to all applicable laws and
					 regulations governing the disposal of a solid waste, including applicable
					 permit requirements of the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.02 - Statement of Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated to establish procedures
					 governing applications for the construction of facilities in the coastal area
					 and to provide for the comprehensive review and evaluation of coastal
					 facilities applications.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.03 - General Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person
				  may not construct, or cause to be constructed, a facility in the coastal area
				  unless he first obtains a permit pursuant to these regulations.
B. If an application is, in the determination
				  of the Secretary, substantively modified after the review process begins, the
				  application, as modified, shall be processed and evaluated in accordance with
				  these regulations.
C. Facilities
				  for which on-site construction, excluding site preparation, has legally begun
				  before July 1, 1975, are exempt from the provisions of the Coastal Facilities
				  Review Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.05 - Application Distribution

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  applicant shall furnish at least 12 copies of the application to the
				  Department.
B. The copies shall be
				  distributed as follows:
(1) Three copies shall
				  be forwarded to each county and incorporated municipality in which the facility
				  is to be located;
(2) Six copies
				  shall be retained by the Secretary and distributed to State agencies;
(3) Two copies shall be placed on open file
				  in public buildings in the county in which the project is to be located;
				  and
(4) One copy shall be placed on
				  open file at the offices of the Department of the Environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.06 - Local Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  application may not be processed further until the county in which the facility
				  is to be located or in which the pipeline is to terminate has certified to the
				  Secretary one of the following:
(1) All local
				  land use classifications including zoning, variances, special exceptions, or
				  conditional uses necessary for the location and operation of the facility have
				  been or will be granted;
(2) The
				  county has postponed certification pending completion of the statement;
				  or
(3) Local land-use
				  classifications necessary for the location and operation of the facility have
				  been or will be denied.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.08 - Public Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall make the statement available for public review, and shall
				  distribute the statement as provided by Regulation .05 of this
				  chapter.
B. Within 60 days of
				  completion of the statement, the Department shall hold at least one public
				  hearing in the county in which the facility or any part of it is to be located.
				  The purpose of the hearing is to solicit the views of the public concerning the
				  permit application. Comments prepared by the Department or other State
				  agencies, any proposed permits to be issued by a State agency to the applicant,
				  any condition proposed by the Department before granting a permit, and any
				  other pertinent information shall be made available to the public before the
				  public hearing.
C. The Department
				  shall give notice of hearing by placing a public notice in the classified
				  section of appropriate newspapers of Statewide and local circulation and in the
				  Maryland Register. Notice shall also be given to State agencies and local
				  governments.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.09 - Permit Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				  receiving advisory comments and recommendations, but not later than 90 days
				  following the completion of the public hearing, and after local certification
				  pursuant to Regulation .06A(1), D(1), or D(2) of this chapter, the Secretary
				  shall grant, grant conditionally, or deny the permit.
B. Secretary's Decision.
(1) In making his decision, the Secretary
				  shall consider the application, the statement, the advisory comments, the
				  public hearing record, and any other information which may be available to
				  him.
(2) The Secretary's decision
				  shall be delivered in writing to the applicant and the county and incorporated
				  municipality in which the facility is to be located.
(3) The Secretary's decision shall be based
				  upon a determination of whether the facility meets the following requirements:
(a) Conforms with and meets all applicable
				  air, water, noise, and solid waste laws of the State as determined and
				  certified in writing by the appropriate State units with jurisdiction over
				  these laws;
(b) Conforms with
				  adopted or approved county or local land use planning, the official county or
				  local comprehensive zoning map;
(c)
				  Conforms with the State development plan, when this plan has been lawfully
				  approved and adopted;
(d) Would
				  have no material adverse effect upon the natural environment of the area, its
				  scenic or natural beauty, rare or irreplaceable natural resources, or unique
				  historic sites;
(e) Would not be
				  located or constructed so as to have a material adverse effect upon the public
				  health, safety, or welfare;
(f)
				  Would not be a potential or immediate undue burden on the water supply of the
				  site or region;
(g) Would not
				  materially contribute to an extant level of undue environmental degradation or
				  resource exhaustion;
(h) Conforms
				  with any coastal zone management program developed by the State pursuant to the
				  Federal Coastal Zone Management Act of 1972 as amended;
(i) Would have no material adverse effect
				  upon critical areas identified and designated pursuant to State Finance and
				  Procurement Article, Title 5, Subtitle 6, and Article 66C, § 3.05, Annotated
				  Code of Maryland;
(j) Would not
				  impose, directly or indirectly, a substantial burden on existing State,
				  regional, or county public facilities beyond their respective capacities, or
				  that new public facilities, if necessary, would be either:
(i) Completed in time to serve the facility;
				  or
(ii) Adequate to serve the
				  facility without causing overloading of the public facilities.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.10 - Duration of Validity of a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Plans and specifications in the permit and
				  conditions imposed by a permit shall remain in full force and effect so long as
				  the proposed facility, or any portion of it, is in existence unless the permit
				  is modified. A permit is subject to suspension and revocation for violation of
				  its terms and conditions or for violations of the Coastal Facilities Review
				  Act.
B. A permit shall be valid
				  authority to begin construction of a facility within 2 years from the date of
				  issuance of the permit. Upon written request from the permittee, and if the
				  Department determines that the project has not been substantively modified, the
				  Department may extend this authority for 1 year. Not more than three of these
				  1-year extensions may be approved. If construction does not commence and
				  continue within this 2-year period and no extension is granted, then the permit
				  shall lapse.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 22 - COASTAL FACILITIES REVIEW › Chapter 26.22.01 - Coastal Facilities Review › Section 26.22.01.11 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall bear the cost of processing an
					 application and the cost of preparing a statement, according to the following
					 schedule:
A. All applications shall be
				  accompanied by an application fee of $500, which shall be retained by the
				  Department and used to cover initial application processing costs. Processing
				  costs shall be computed at the rate of $15 per man-hour. Costs in excess of
				  $500 shall be billed to the applicant on a monthly basis. An applicant may not
				  be required to pay more than $5,000 processing costs for any one application
				  unless an original application is substantively modified.
B. The applicant shall pay the Department at
				  the rate of $15 per man-hour for in-house time spent by the Department in the
				  preparation of a statement. The applicant shall be billed on a monthly basis
				  for these costs.
C. The applicant
				  shall be responsible for any and all contractual costs incurred by the
				  Department in preparing a statement. The applicant shall be notified by the
				  Department of anticipated contractual costs before signing any contract. The
				  applicant shall remit to the Department on a monthly basis an amount sufficient
				  to cover estimated contractual costs to be incurred during the following
				  month.
D. If the applicant should
				  withdraw his application at any time during preparation of the statement, he
				  shall be responsible only for costs incurred up to and through the withdrawal
				  date and any costs incurred in terminating the application process.
E. The Department shall keep accurate records
				  of all administrative and contractual costs. These records shall be open for
				  inspection by the applicant upon reasonable notice to the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.01 - General › Section 26.23.01.02 - Activities Exempt from Permit Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
The following activities are exempt from the letter of
					 authorization, permit, and mitigation requirements of this subtitle:
A. Forestry activities.
B. Agricultural activities in COMAR
				  26.23.05.01 a B. All other
				  agricultural activities are exempt from the permit requirements of this
				  subtitle, but are subject to the mitigation requirements of COMAR
				  26.23.04.01 a and COMAR
				  26.23.04.03 a -.07.
C. Approved mitigation projects required
				  under this subtitle.
D. Any
				  proposed regulated activity conducted by a person who has applied to the U.S.
				  Army Corps of Engineers by December 31, 1990, for a permit under § 404 of the
				  Clean Water Act, provided that the following conditions are satisfied:
(1) The U.S. Army Corps of Engineers
				  ultimately issues a permit or other document under §D(3) of this
				  regulation;
(2) The applicant does
				  not alter the scope of the regulated activity originally applied for without
				  authorization from the U.S. Army Corps of Engineers;
(3) A person submits the following
				  information to the Department, as may be applicable, and as may be requested by
				  the Department:
(a) A copy of a dated
				  application for a permit under § 404 of the Clean Water Act;
(b) A copy of the plans for the project which
				  were submitted to the U.S. Army Corps of Engineers;
(c) A letter from the U.S. Army Corps of
				  Engineers describing the project and proposed activity and stating one of the
				  following:
(i) The project and proposed
				  activity is authorized by the U.S. Army Corps of Engineers;
(ii) The proposed activity is exempt from §
				  404 of the Clean Water Act permit requirements.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.01 - General › Section 26.23.01.04 - Expanded Buffer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Nontidal
				  wetlands for which the buffer shall be expanded to 100 feet by regulation are:
(1) Nontidal wetlands of special State
				  concern; and
(2) Nontidal wetlands
				  with adjacent areas containing:
(a) Steep
				  slopes; or
(b) Highly erodible
				  soils; and
(3)
				  Outstanding National Resource Waters (ONRW).
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 23 - NONTIDAL WETLANDS › Chapter 26.23.01 - General › Section 26.23.01.05 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Enforcement
				  Authority. The means of enforcement under this regulation may be made available
				  to county governments with delegated authority under Regulation .03 of this
				  chapter. Any hearing and associated processes under this regulation may be
				  conducted by authorized county governments when these enforcement means are
				  used, upon agreement between the Department and the county.
B. Complaints and Orders.
(1) In addition to any other sanction
				  authorized by Environment Article, §
											5-911, Annotated Code of
				  Maryland, the Department may serve a written complaint upon an alleged violator
				  if the Department determines that there has been a violation of:
(a) Any provision of Environment Article,
				  5-901----- 5-911, Annotated Code of Maryland;
(b) A regulation in this subtitle;
(c) A permit or condition of a
				  permit;
(d) An administrative
				  order; or
(e) A condition of an
				  authorization letter.