Md. Code, Environment, Title 15

in effect

Md. Code, Environment § 15-101

(a) In this title the following words have the meanings indicated. (b) “Bureau” means Bureau of Mines. (c) “Department” means the Department of the Environment. (d) “Director” or “Director of the Bureau” means Director of the Bureau of Mines. (e) “Drift” means a horizontal passageway, level, or gangway, driven from the surface outcrop into the coal bed. (f) “Entry” means a passageway in a coal bed which is approximately level and is used for haulage, traveling way, or ventilation. In a dipping bed, entries on the strike are known as “levels” or “gangways” and to the dip are known as “slopes”. (g) “Excavations and workings” includes any excavated portion of a mine, whether abandoned or being worked. The term also includes any underground workings, shafts, tunnels, and other ways and openings including those being sunk or driven, together with roads, appliances, machinery, and material connected with them below the surface. (h) “Face” means the advancing breast of a mine working place, either of an entry or room. (i) “Gassy mine” means a mine or portion of a mine in which methane is found by an approved or permissible flame safety lamp, detector, or device, or by air analysis in an amount of 0.25 percent or more. Once a mine is determined to be a gassy mine, it is always so considered. In this title, the words “gassy” and “gaseous” are synonymous. (j) “Mine” includes a shaft, slope, drift, or inclined plane connected with an excavation penetrating coal stratum, which excavation is ventilated by one general air current, and any appliance and equipment for hoisting and extracting coal. It includes any part of the mining property and plant on the surface or underground, which contributes directly or indirectly to the mining or handling of coal and is connected by one general system of mine railroads, over which coal may be delivered to one or more points outside the mine. The word also includes a portion of a mine or opening whether or not the mine or opening employs a system of railroads, when the sense so requires. (k) “Operator” means any person, partnership, or corporation who removes or intends to remove more than 250 tons of coal from the earth by surface coal mining or deep coal mining within 12 consecutive calendar months in any one location. (l) “Panel” means a unit area in a system of mining by which the mine is divided into large rectangles or panels isolated or surrounded by solid pillars of coal into which pairs of entries are driven for the development of rooms and the extraction of pillars. (m) “Secretary” means Secretary of the Environment. (n) “Shaft” means an opening, the axis of which is approximately vertical, extending downwards from the surface. It includes an underground shaft driven between two levels. (o) “Slope” means an inclined opening in a dipping coal or fireclay bed, and an inclined tunnel to a coal or fireclay bed. (p) “Superintendent” means the person who, on behalf of the operator, has immediate supervision of a mine. (q) “Working place” means a room, breast, entry crosscut, or pillar where coal is being mined or extracted and where at least one miner per working shift of the mine regularly is employed until the place is finished or stopped.

Md. Code, Environment § 15-201

(a) There is a Bureau of Mines, established as part of the Department. (b) The main office of the Bureau shall be located in either Garrett County or Allegany County. The Director of the Bureau, with the approval of the Secretary, shall select the location.

Md. Code, Environment § 15-202

The Secretary shall appoint the Director of the Bureau of Mines who shall serve at the Secretary’s pleasure. The Director shall have executive ability and either a degree in mining engineering from an accredited institution of higher education or comparable knowledge in the principles and practices of mining, planning, design, conservation, and research, and experience in reclamation, abandoned mine restoration, drainage abatement, and administration. The Director shall devote full time to the duties of the Director’s office, and may not directly or indirectly have a financial interest in any way in any coal mine, mining operation, or mining investment in this or any contiguous state. The Director is responsible for the exercise of every power and duty conferred on the Department by the provisions of this title and delegated to the Director by the Secretary.

Md. Code, Environment § 15-203

(a) The Bureau shall supervise the execution and enforcement of any law enacted for the health and safety of persons and protection and conservation of property within, about, or related to bituminous coal mines in the State. To this end, it shall adopt and enforce necessary rules and regulations after giving due notice. (b) The Bureau shall compile, publish, and distribute to interested persons, the mining laws and rules and regulations. The publication shall be made at reasonable times to keep the laws and rules and regulations current. The Bureau shall keep a record of any inspection or investigation and a copy of any official communication or record of work to be done. It shall preserve any report, statistics, and information received relating to the development of coal or other mining, or the enforcement of the provisions of this title. (c) The Bureau shall encourage and assist reasonable efforts to improve mining methods and conditions to discover better ways to protect life and health, extend the serviceable use of instrumentalities, and promote the prosperity of the industry by reducing waste of natural resources and fostering economy in mining. It shall compile, statistically analyze, and compare available data regarding coal or other mining processes and operations, and advise any person engaged in that industry. (d) The Director may institute proceedings in the name of the State by an action at law, suit in equity, or prosecution to enforce any provision of this title or any rule or regulation. This power does not exclude any right of an interested person to invoke the usual and ordinary process of a court against a violator of the mining laws. (e) The Bureau may enter and inspect any mine in order to determine its safety condition. If the inspected mine is found unsafe or is operated in an unsafe manner, the Bureau shall order the immediate correction of the unsafe condition. If the unsafe condition is not corrected in the time prescribed, the Bureau shall order the mine closed until the owner or operator makes the necessary correction. (f) The Bureau shall collect information in regard to mineral production and mine output. (g) The Department shall report annually concerning the following information for each major watershed in Allegany and Garrett counties, on a cumulative and annual basis: (1) The total number of acres for which new or amended permits have been issued; (2) The total number of acres which have been stripped; (3) The total number of acres which have been planted; and (4) The total number of acres for which the Bureau has released the revegetation bond. (h) The Department may apply for, accept, administer, and expend funds from any source for the administration and implementation of this title, including the reclamation and revegetation of any land or water area affected by the mining of bituminous coal.

Md. Code, Environment § 15-204

(a) (1) There is a Land Reclamation Committee. It consists of the following 13 members: (i) Two members of the Department, including a chairman of the Committee appointed by the Secretary; (ii) A representative of the soil conservation district of Allegany County; (iii) A representative of the soil conservation district of Garrett County; (iv) Two members appointed by the Governor with the advice and consent of the Senate for 3-year terms to represent the mining industry; (v) One member who is a representative of Allegany County to be appointed by the Governor, on the recommendation of the Allegany County Commissioners, with the advice and consent of the Senate to represent the local government for a 3-year term; (vi) One member who is a representative of Garrett County to be appointed by the Governor, on the recommendation of the Garrett County Commissioners, with the advice and consent of the House of Delegates to represent local government for a 3-year term; (vii) Two members from the community who do not have any interests in any mining operation, one to be a resident of Garrett County and one to be a resident of Allegany County, appointed by the Secretary for 3-year terms; and (viii) Three members of the Department of Natural Resources appointed by the Secretary of Natural Resources. (2) Committee members representing the community or local government shall receive the per diem set by the Secretary for each day they meet with the Committee or are called on by the chairman to transact other business of the Committee. Funds for the per diem allowances shall be provided for in the budget of the Department. (3) The Committee shall meet at the chairman’s request and at least twice a year. A quorum consists of at least 9 members. No action may be approved by the Committee unless a quorum is present and a majority of those present approves the action. (4) Members of the Land Reclamation Committee shall file a United States Department of the Interior State Employee Statement of Employment and Financial Interests. (5) Committee members shall recuse themselves from proceedings that may affect their direct or indirect financial interests. (b) The Committee may: (1) Study and recommend surface coal mine reclamation policies, practices, and standards; (2) From time to time, review the surface coal mining laws, regulations, and policies for the purpose of recommending changes to improve the efficiency and effectiveness of the program; (3) Review proposed changes to the surface coal mining laws and regulations to provide comments to the General Assembly and the Department; (4) Review the Department’s administration of the surface coal mining regulatory program and the abandoned coal mine reclamation program to determine compliance with the purpose of the subtitles; (5) Enter on any surface coal mining operation to determine mining and reclamation conditions; and (6) Recommend research, demonstration, and cost-sharing projects to promote optimum revegetation of surface coal mined lands.

Md. Code, Environment § 15-205

(a) (1) Before any person conducts surface coal mining and reclamation operations, the person shall obtain the Committee’s approval of the reclamation plan for the site. (2) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law. (3) The Committee shall publish a public notice that it has received a proposed reclamation plan from the applicant. (i) The public notice shall be published in a newspaper of general circulation in the county of the proposed mining and reclamation operation. (ii) The public notice shall include the name of the applicant, the ownership of the land to be affected, a description of the location of the proposed operation, the location where the application is available for public inspection, and notice that written comments and requests for a public informational hearing will be received by the Committee for at least 30 days after the newspaper publication. (4) If a hearing is requested, the Committee shall hold a public informational hearing on the proposed reclamation plan. The Committee shall notify the applicant and any person who requests a hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation. (5) Any public informational hearing shall be at least 15 but not more than 60 days after the Committee provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the proposed reclamation plan, in writing, until the date of any hearing. (6) The Committee shall approve or reject the proposed reclamation plan. If a public informational hearing is requested, the Committee shall approve or reject the proposed reclamation plan after the hearing. If the proposed reclamation plan is rejected, the applicant shall be notified in writing of the reason for rejection or the Committee’s suggested modifications. The applicant may resubmit the plan with corrections or the Committee’s suggested modifications. If the changes are made, the Committee may approve the reclamation plan. (7) The Committee shall notify the applicant, the Department, and any participants to a hearing, of its decision. (b) The Committee shall determine that revegetation of reclaimed surface coal mined land meets the revegetation standards of the regulatory program before the Department may release any bond held to assure revegetation of the land. (c) If the Committee has reason to believe that a violation of the subtitle, regulations, or permit conditions exists, the Committee shall notify the Department. The Department shall provide the Committee with a report that indicates the results of an inspection, or the reason why no action was taken.

Md. Code, Environment § 15-301

(a) In this subtitle the following words have the meanings indicated. (b) “Examining authority” means the Director of the Bureau or the Director’s designee when referring to the procedure for grant or suspension of a permit of competence or grant or suspension of a first–class mine foreman certificate of competence or a fire–boss certificate of competence.

Md. Code, Environment § 15-302

The examining authority shall inquire into the background and qualifications of each applicant for any certificate or permit of competence. It shall prepare, correct, and grade the individual examinations for the various certificates of competency.

Md. Code, Environment § 15-303

(a) An applicant for a first-class mine foreman certificate of competence shall produce evidence satisfactory to the examining authority that he is at least 18 years of age and a citizen of the State or of another state that accords similar privileges to a citizen of Maryland. He shall furnish a verified history of his experience in mining employment, showing in detail the several mines in which he has worked, their location, the particular occupation followed during a period of at least five years, and in particular his knowledge of and extent of experience with gaseous mines. Each applicant shall pay an examination fee of $5 to the State. (b) An applicant for a “permit of competence” shall produce evidence satisfactory to the examining authority that he is qualified by experience to take the examination for the permit. (c) An applicant for a fire-boss certificate of competence shall produce evidence satisfactory to the examining authority that he is a resident of the State, or of another state that accords similar privileges to a resident of Maryland, and at least 18 years of age. He shall furnish a verified history of his experience in mining employment, showing in detail the several mines in which he has worked, their location, the particular employment followed during a period of at least 3 years, and, in particular, his knowledge of and extent of experience with gaseous mines. Each applicant shall pay an examination fee of $3 to the State.

Md. Code, Environment § 15-304

The Bureau may establish a place within the mining area of the State to give instruction to an applicant for a “first-class mine foreman’s certificate”, a “fire-boss certificate”, or a “permit of competence”, and other instruction required under this subtitle or any rule and regulation made under it. The Bureau may conduct courses in order to qualify properly any person who makes application for the various types of certificates.

Md. Code, Environment § 15-305

(a) Any applicant for a certificate of competence shall answer in writing at least ten questions designed to discover his knowledge of mining theory, including ventilation, drainage, mining methods, and the mining laws of the State. In addition, he shall answer orally, if feasible during a visit to a coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The oral questions and replies shall be reduced to writing and become a part of the record of the examination. The examining authority shall grade an applicant on a basis of 100 points credited for perfect answers, allowing equal weight for each qualification of theoretical knowledge, perception, resourcefulness, and judgment. Any applicant failing to receive an average of at least 70 points fails the examination. Each applicant shall be notified of his grade. (b) An applicant for a first–class certificate of competence shall be admitted to an examination after he files, on a form the examining authority provides, a sworn statement as to any matter of fact which establishes his right to take the examination, and pays the fee prescribed for the examination. In the examination for first–class mine foreman certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section. (c) In the examination for fire–boss certificate, the applicant shall be tested as to his theoretical knowledge of noxious and explosive gas found in a coal mine. In addition, he shall answer orally, if feasible during a visit in a gaseous coal mine, at least ten questions on practical mine problems which are designed to display his perception, resourcefulness, and practical judgment. The examination procedure and grading shall be as provided in subsection (a) of this section. (d) In the examination for a permit of competence: (1) The examining authority shall give the examination; (2) The applicant shall pay the examining authority a $1 examination fee for each examination taken; (3) At the discretion of the examining authority, the examination may be oral or written. If the examination is oral, it shall be reduced to writing and filed among the examining authority’s records; (4) The examination shall include practical mining questions relating to ventilation and the methods of detecting noxious and explosive gas in a mine; (5) The applicant shall demonstrate to the examining authority that he is qualified to supervise the operation of a small mine; (6) If the applicant fails the examination, he may request another examination after 60 days from the unsuccessful examination and the examining authority shall conduct another examination as soon as practicable; and (7) The examining authority shall issue a “permit of competence” if the applicant is found qualified. No applicant may be required to display the theoretical knowledge required for the holder of a first–class certificate. He shall be qualified in the practicable aspects of conditions relating to the safety of the employees of this type mine.

Md. Code, Environment § 15-306

The examining authority shall keep the applications for certificates, any supporting evidence, and the records of the examinations as a permanent record. It shall endorse on each application the action taken.

Md. Code, Environment § 15-307

An applicant who is aggrieved by the examining authority’s refusal to grant a first–class mine foreman certificate or permit of competence may apply to the Secretary of Budget and Management who shall review the examination. If the Secretary of Budget and Management finds the refusal unwarranted, the Secretary shall direct that the applicant be awarded the certificate or permit. If the Secretary upholds the decision of the examining authority, the applicant may appeal to the circuit court for the county in which the applicant resides. The court may hear and determine the matter, issuing any order as may be just.

Md. Code, Environment § 15-308

Upon payment to the State of a certificate fee of $1, each successful applicant shall be entitled to a certificate signed by the examining authority. The certificate shall state the name, age, and residence of the person certified, the position for which the person qualified, and the person’s experience. A photograph furnished by the certificate holder shall be mounted on the certificate across which shall be impressed the seal and signature of the examining authority. A certificate may not be transferred. If the certificate is lost or destroyed, the examining authority, when satisfied of the loss or destruction, shall supply the certificate holder with a copy of it, on payment to the State of a fee of 50 cents.

Md. Code, Environment § 15-309

A person may not forge or counterfeit a certificate or permit of competence, or any official copy, or knowingly make or cause to be made any false statement in any certificate, permit, or any official copy provided for by this subtitle, or urge another to do so, or knowingly use any forged or false certificate, permit, or official copy, or knowingly make, give, alter, or produce, or use any false declaration, representation, or statement in any certificate, permit, or official copy or obtain any certificate, permit, or any document containing the official copy.

Md. Code, Environment § 15-310

(a) A person holding a certificate or permit of competence may be charged with violation of law, fraud, intemperate habits, incapacity, or other good cause for cancellation or suspension of the certificate or permit. The charge shall be in writing and filed with the Director of the Bureau. (b) A certificate or permit of competence may be canceled or suspended only by the examining authority. Except as provided in subsection (d) of this section, a certificate or a permit may be canceled or suspended only after a hearing at which the person charged has the right to appear. The hearing shall be held within 30 days after the receipt of the charges by the examining authority, which shall give the person charged written notice of the charge at least 15 days prior to the hearing. A hearing of the examining authority shall be on the call of its chairman. (c) If the examining authority is satisfied that the certificate or permit holder has become unworthy to hold it by reason of violation of law, fraud, intemperate habits, incapacity, or other good cause, it may cancel or suspend the right to use the certificate or permit for a period not longer than two years. (d) The provisions of subsections (b) and (c) of this section to the contrary notwithstanding, if the Director of the Bureau is satisfied that a person, if allowed to continue to hold a certificate or permit, may commit or permit an act to be committed, or permit a condition, that would tend to endanger the lives or health of any person employed in or about a mine, the Director may suspend the right of the certificate or permit holder to use the certificate or permit. The suspension may not be for more than 30 days or until the examining authority acts pursuant to this section, whichever is sooner. The Director of the Bureau shall give notice of action to the certificate or permit holder, and to the certificate or permit holder’s employer. (e) A person whose certificate or permit of competence has been canceled or suspended is eligible to take an examination for a new certificate or permit two years after the date of the cancellation or suspension.

Md. Code, Environment § 15-311

(a) If any matter, thing, or practice in, about, or connected with any mine may become dangerous or defective and endangers the bodily safety of any person, the Bureau may give written notice to the mine operator by way of a special order. The order shall state in detail the matter, thing, or practice which may become dangerous or defective, and require its correction, suggesting changes as conditions may require. If the matter, thing, or practice involves the safety of a mine or a considerable portion of a mine, and the mine operator after receipt of this order neglects or refuses to take immediate steps to remedy the matter, thing, or practice, the Bureau may institute proceedings before the circuit court for the county in which the affected mine is located, to restrain the operator from operating the mine until he complies with the safety order. The court shall proceed immediately to hear and determine fully the case, and may make any order confirming, modifying, enforcing, or vacating the safety order as is just and proper. The cost may be awarded as the court directs. (b) If the Bureau discovers or learns there is an imminent danger existing in all or part of a mine, it shall order immediately the person then in charge of the mine to remove at once every person from where the danger exists. If the person in charge of the mine fails to comply with the order, the Bureau shall take whatever steps it deems necessary to remove or have removed every person from the place where the danger exists. Every person shall remain out of all or that portion of the mine until the danger is ended. (c) In addition to any other authority conferred in this title, the Bureau may enter and inspect any mine to determine the conditions of safety in that mine. If the Bureau finds the mine unsafe or operated in an unsafe manner, it shall order the unsafe condition corrected immediately. If the mine owner or operator fails to correct the unsafe condition, the mine shall be closed until the condition is corrected.

Md. Code, Environment § 15-312

All first-class mine foremen and fire-boss certificate holders shall be subject to continuing education every 3 years. The continuing education shall emphasize mine health and safety legislation and regulations, advances in mining technology, and advances in first aid that have occurred since the certificate holder’s most recent examination. All first-class mine foremen and fire-boss certificates issued prior to July 1, 1980 shall expire no later than July 1, 1983 unless reissued in accordance with this section.

Md. Code, Environment § 15-313

(a) The Director may enter into an agreement with an agency responsible for the regulation of coal mining in another state to provide for the recognition in Maryland of mine foreman and fire-boss certificates or other certifications issued by that state if: (1) The Director determines that the certification requirements of that state are substantially equivalent to the corresponding Maryland requirements; and (2) The other state provides reciprocal recognition of certificates issued by the Bureau. (b) (1) An individual who holds a mine foreman certificate, fire-boss certificate, or other certification issued by an agency of another state that has entered into an agreement under subsection (a) of this section may apply to the Bureau for reciprocal certification. (2) An applicant for reciprocal certification shall submit to the Bureau: (i) An application on the form provided by the Bureau; (ii) A copy of the applicant’s mine foreman certificate, fire-boss certificate, or other certification issued by the other state; and (iii) Any other information that the Bureau requires. (c) The examining authority: (1) Shall review an application submitted under subsection (b) of this section; (2) In accordance with the agreement entered into under subsection (a) of this section, may require that the applicant satisfy any additional requirements that the Bureau establishes for reciprocal certification; and (3) If the applicant qualifies for reciprocal certification, may require the applicant to pay a fee to the State comparable to the fee for a certificate issued under other provisions of this subtitle. (d) An individual to whom a reciprocal certificate is issued under this section shall promptly notify the Bureau if the state which issued the original mine foreman certificate, fire-boss certificate, or other certification that was a basis for the reciprocal certification suspends, revokes, or takes other disciplinary action against the original certificate. (e) The holder of a reciprocal certificate is subject to the jurisdiction of the Bureau in the same manner as the holder of: (1) A mine foreman certificate or fire-boss certificate issued under this subtitle; or (2) Any other certification recognized under this subtitle.

Md. Code, Environment § 15-401

(a) Each operator shall notify the Bureau immediately in the manner the Bureau prescribes if: (1) Any change occurs in the name of the operator of a mine, an executive official concerned with its operation, or in the designation of the mine; (2) A mine has been abandoned or work discontinued; (3) Work has commenced for the purpose of opening a new mine. The notice shall include sketch maps outlining the plans intended to be pursued in the opening; (4) The working of a mine is resumed after an abandonment or discontinuance for a period exceeding two months; or (5) A squeeze, crush, or fire occurs, or a dangerous body of water, explosive, or noxious gas is found. (b) Each operator shall obtain from the Bureau and keep accessible at the mine a supply of the printed laws, rules, regulations, notices, forms, and record books required by law. He shall see that this material is delivered to every worker. (c) At least once a week, each operator shall require the superintendent or managing official in charge of the mine to examine, read, and countersign in ink any report the mine foreman enters in the mine record book. If the person finds on examination or otherwise that the law is being violated, he shall stop any violation immediately. Each operator shall require the superintendent or other managing official in charge of the mine, and any other official in whatever capacity, to comply with the provisions of this subtitle, and especially not to obstruct the mine foreman or any other official in the execution of his duties. The operator, or a representative other than the mine foreman, shall visit every working place in each mine once every 60 days in order to note the condition of each place. (d) Each operator shall assist the Bureau and its officers in making any proper inspection. He shall execute promptly every proper order made under the provisions of this subtitle. An operator may not willfully neglect or refuse to obey any order, or interfere with the Bureau or any agent in the proper discharge of its or his duties.

Md. Code, Environment § 15-402

(a) In order to secure efficient management and proper ventilation of the mine, promote the health and safety of the persons employed, and protect and preserve the property connected with it, the operator of any coal mine in the State shall employ a competent and practical mine foreman in every mine where eight or more persons are employed. Except in a nongassy mine, the mine foreman shall possess a first-class mine foreman’s certificate of competence. He shall have charge of the mine under the supervision and control of the operator. (b) In a mine in which seven or less persons are employed, the mine operator himself shall hold or shall employ a person who holds a permit of competence issued by the mining authority as provided for in Subtitle 3 of this title. The mine foreman need not possess a first-class mine foreman’s certificate of competence. (c) If the mine workings become so extensive that the mine foreman is personally unable to discharge his duties, the operator shall employ a sufficient number of competent persons or assistants who have the same qualifications as the mine foreman. However, if any emergency arises making it impossible for any operator to secure the immediate services of a certified or qualified person, he may employ any qualified and experienced person as mine foreman or assistant mine foreman for a period not exceeding 30 days, subject to the Bureau’s approval. (d) The mine foreman shall devote his entire time to his duties when the mine is in operation. Subject to the supervision and control of the operator, he has charge of the inside workings of the mine and any person employed there. He shall see that any applicable provision of this title, and rules and regulations made pursuant to it are strictly obeyed. For this purpose, the mine foreman, personally or by an assistant shall: (1) Visit each working place each day while the employees are at work, to see that it is properly timbered, drained, secured, and reasonably safe and that a sufficient supply of timber and other facilities is on hand ready for use; (2) See that any loose coal or other dangerous material is taken down or secured, especially upon traveling ways and airways, standing water is drained from passageways and working places, explosive and noxious gases and dangerous accumulations of dust are removed, and rock dusting is properly done so that in general the ventilation, stoppings, doors, timbering, drainage, equipment, electrical installations, traveling and airways, trackage, and other mine works and ways are in good working order and reasonably safe condition; (3) Instruct every employee in safety measures, including the placing of timber to prevent falls and other accidents and the safeguarding of moving parts of machinery which may injure persons passing nearby so that at all times, as required by this subtitle, every person and property is protected against any mining risk; (4) Promptly attend to the removal of any dangerous conditions coming to his knowledge and, in case it is not feasible, immediately to remove the danger and order every person whose safety is menaced to leave and remain away from the vicinity of the danger until notified that it has been removed; (5) Post danger signals of uniform type across the entrance to any mine, portion of the mine, or other conspicuous point in case of danger, and see that the signals are kept there until the danger has been removed; and (6) Report immediately to the operator of the mine if the ventilation or other machinery fails to discharge its functions adequately, or upon discovery of accumulations of gas, water, or any other unusually dangerous condition. (e) If assistant mine foremen are employed, they shall assist the mine foreman in complying with the provisions of this subtitle. In the absence of the mine foreman, the superintendent shall designate an assistant to perform the duties of the mine foreman. The assistant is subject to the same penalties as the mine foreman for any violation of this subtitle or rules or regulations made under it. (f) The superintendent or mine foreman in direct charge of the operation of any mine is the agent of the operator. He is jointly responsible with the operator for any failure to comply with the provisions of this subtitle or rules or regulations made under it which govern operators or agents. (g) The mine foreman, or his assistant on each day the mine works, shall enter plainly and sign in ink, in a book provided for the purpose, a report of the condition of the mine and of his examination of it made on that day and he shall include the following facts: (1) Any danger or dangerous condition observed or reported, and what steps have been taken to remedy the condition; (2) If there is a proper supply of material on hand for the safe working of the mine; (3) If the requirements of this subtitle are complied with; and (4) If the mine is gassy, a report of all air measurements within the mine as elsewhere required to be taken. (h) If the mine is not gassy, a weekly report of all air measurements in the mine are to be taken as required elsewhere. Each report shall be kept in the foreman’s office for examination by the district mine inspector and any person employed at the mine. (i) The mine foreman each day carefully shall read and countersign with red ink any report entered on the record book of the fire boss. (j) The mine foreman, on behalf of the operator, shall report immediately to the district mine inspector any violation of this subtitle. The foreman shall make an immediate report to the inspector and mine operator upon the occurrence of any serious or fatal accident on the form the Bureau prescribes. (k) If the mine foreman or assistant mine foreman violates any provision of this subtitle, or by neglect or for any other cause becomes incapable of properly discharging his duties, the district mine inspector, after investigation, shall prefer charges before the examining authority and take any additional steps the nature of the situation requires. (l) A mine official, worker, or other person may not solicit or receive any money or other consideration from any person to procure or continue employment for any person, or procure any favor, promotion, advantage, or facility in employment in or about the mine.

Md. Code, Environment § 15-403

(a) The operator of every gassy mine shall employ a sufficient number of fire bosses. Each fire boss shall satisfy the operator of his competence, and shall have first obtained a certificate of competence from the examining authority as prescribed in this title. (b) Any mine foreman holding a first-class certificate of competency may act as fire boss. In an emergency, any fire boss, properly certified, may act as assistant mine foreman until a regularly qualified person is employed. (c) The operator shall provide a permanent station at or near the principal entrance of the mine, indicated plainly by legible signs, where the fire boss shall give information regarding the state of the mine to each worker before he goes on his shift. When the working portion of any mine is 1 mile or more from the entrance to the mine or from the bottom of the shaft or slope, a station, with the approval of the district mine inspector, may be located near the workings. No one, except the mine foreman, fire boss, or someone expressly authorized in an emergency, may pass beyond the station until every part of the mine has been examined and reported safe. The fire boss may not permit any unauthorized person to enter into or remain in any portion of a mine through which a dangerous accumulation of gas is being passed into the ventilating current from any portion of the mine. He shall report any violation of this provision to the mine foreman. When the station of the fire boss is located at a distance within the mine convenient to portions being worked, the operator shall wall off any abandoned workings, whether finished or not, from the main intake and manway heading or passageway of the mine by a stopping of masonry or concrete, sufficiently heavy to keep explosive or noxious gas from entering the intake air at any point between the fire bosses’ station and the entrance to the mine. (d) Suitable duplicate record books shall be kept at the mine office on the surface and at the fire bosses’ permanent station. They shall be accessible to the district mine inspector and any worker at the mine. The fire boss shall enter and sign in ink a full daily report of each day’s examination stating clearly the approximate amount and location of explosive or noxious gas in the mine. The report also shall state clearly the nature and location of any danger discovered in any place in the mine, and whether it has been reported immediately to the mine foreman. The mine foreman shall read and countersign the report each day. (e) A fire boss may not neglect to make any examination required, fail to report any danger discovered, knowingly report falsely on any condition within the mine, or fail or neglect to make the reports required.

Md. Code, Environment § 15-404

(a) A person may not work in any mine until he has satisfied the operator that he can do the work allotted to him without endangering the lives of his fellow workers, unless the person works with an experienced miner or other qualified person who instructs the person how to perform his duties safely and properly. (b) Each miner shall examine his working place before commencing work. After any stoppage of work during the shift he shall repeat this examination. If any part of the roof needs propping, he shall prop it and may not commence or resume work until it is made safe. Each miner shall be very careful to keep his working place in a safe condition at all times. (c) Each miner immediately shall cease work if he finds his place has become dangerous from any cause or condition beyond his power to remedy. Upon leaving the place, he shall install a plain danger signal at the entrance to warn other persons from entering. He shall immediately notify the mine foreman, and may not return until notified by the mine foreman that the danger has been removed. (d) Each worker at any mine shall notify the mine foreman or other official of any unsafe condition, including unsafe conditions of any working place, haulage road, or traveling way, or of damage to doors, brattices, or of obstructions to any air passage or failure in the ventilation which may become known to him. (e) A person intentionally or carelessly may not damage any safety lamp, instrument, air course, or brattice, or without authority handle, remove, or damage any fencing, means of signalling, apparatus, or machinery, or obstruct or throw open airways, or enter a place in or about any mine against caution, or carry fire, open lights, matches, pipes, or other smokers’ articles in a gassy mine, or open any door the opening of which is forbidden, or disobey any order given in carrying out the provisions of this subtitle or rule or regulation pursuant to it, or do any other act whereby the lives or health of persons employed or the security of the mine property is endangered. (f) Each employee shall observe in and about the mine any special duty relating to the security of life or property as the Bureau, by classes of employment, defines and requires by rule or regulation. (g) The mine operator shall direct the attention of each worker to the general and special rules and regulations and to any exit and escapeway of the mine in which he works.

Md. Code, Environment § 15-405

(a) If a mine disaster occurs, the proper State and federal inspection authorities shall be notified promptly. All facilities of the mine shall be made available for recovery operations. (b) After a disaster, when the mine has been placed in condition to operate, an inspection of the entire mine shall be made by State and federal coal mine inspectors. If the inspection discloses any dangerous condition, the mine may not resume operation until the condition is corrected.

Md. Code, Environment § 15-406

(a) The operator of each coal mine shall report monthly to the district mine inspector, on forms the Bureau provides, all required information regarding any fatal and serious accident that has occurred in and about the mine. (b) If any district mine inspector receives notice that a fatal accident has occurred at any mine, he shall go immediately to the mine to investigate the cause of the accident and report in writing to the Bureau. A copy of the report shall be sent to the operator of the mine. The district mine inspector may require the attendance of witnesses, and administer oaths and affirmations to them. If any person neglects or refuses to obey the summons of the inspector, or to testify, except when his refusal is privileged, the inspector shall certify the person for neglect or refusal to the circuit court for the county in which the investigation is held. The court may punish the neglect or refusal as a contempt. The costs of any investigation shall be paid by the county in which the accident may occur, on the warrant of the Director of the Bureau.

Md. Code, Environment § 15-407

(a) In this section, “pozzolan” means the finely divided residue which results from combustion of ground or powdered coal and is released by combustion gases, as defined by the test methods published by the American Society for Testing Methods. (b) (1) Any person who uses pozzolan for landfill shall do so in a manner which complies with sound engineering practices. (2) Any person who uses pozzolan for landfill, structural building, soil improvement, agriculture, soil conditioning, or land reclamation shall minimize dust and wind erosion and shall comply with all silt control regulations and permit requirements of the Department.

Md. Code, Environment § 15-501

(a) In this subtitle the following words have the meanings indicated. (b) Repealed. (c) “Auger mining” means the mechanical removal of coal from the subsurface by augering from the outcrop. It is an integral part of open–pit mining. (d) “Committee” means the Land Reclamation Committee. (e) “Deep mining” means any method of extracting coal from the subsurface, except open–pit mining and auger mining, and includes methods such as drift mining, shaft mining, and inclined slope mining. (f) “Degree” means the angle of slope from the horizontal. (g) “Department” means the Department of the Environment. (h) “Federal approval of the State program” means approval by the federal government pursuant to the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95–87). (i) “Imminent danger to the health and safety of the public” means the existence of a condition which is reasonably expected to cause substantial physical harm to persons outside the permit area. A reasonable expectation of harm exists if a rational person would not subject himself to the danger. (j) “Land” means the surface of the land on which open–pit mining is conducted. (k) “Land affected” means the areas on which open–pit mining activities occur or where those activities disturb the natural land surface. These areas also shall include any adjacent land, the use of which is incidental to any open–pit mining activity, any land affected by the construction of a new road or the improvement or use of an existing road to gain access to the site of the activities for haulage, and any excavation, working, impoundment, dam, ventilation shaft, entryway, refuse bank, dump, stockpile, overburden pile, spoil bank, culm bank, tailing, hole or depression, repair area, storage area, processing area, shipping area, or any other area on which is sited a structure, facility, or other property or material on the surface that results from or is incident to open–pit mining activities. (l) “Land eligible for remining” means any land that would otherwise be eligible for expenditures under Subtitle 11 of this title. (m) “Landowner” means a person in whom the legal title to the land is vested. (n) (1) “Open–pit mining”, “strip mining”, and “surface coal mining” are terms used interchangeably in this subtitle to mean the mining or recovery of bituminous coal by removing the strata or material which overlies or is above the coal deposit or seam in its natural condition, or any other recovery of coal by methods other than deep–mining, and land affected by such activities. (2) These terms include methods such as contour, strip, auger, mountain top removal, box cut, open–pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the mine site. (3) “Open–pit mining”, “strip mining”, or “surface coal mining” do not include the incidental extraction of coal at a level that does not exceed within any calendar year 16 2/3 percent of the total cumulative production of coal and other minerals removed from a mining area for purposes of bona fide sale or reasonable commercial use. (o) “Operator” means any person, partnership, limited liability company, or corporation that removes or intends to remove more than 250 tons of coal from the earth by surface coal mining within 12 consecutive calendar months in any one location. (p) “Orphaned land” means land on which open–pit mining was conducted before June 1, 1967 and which has not been reclaimed. (q) “Orphaned land reclamation project” or “project” means a competently designed reclamation project, which may include backfilling and revegetation, to restore orphaned lands. (r) “Overburden” means the strata or material overlying a bituminous coal deposit in its natural state. (s) “Owner’s cash contribution” means the sum that an owner of property benefited by an orphaned land reclamation project agrees to pay in a lump sum on approval of the project. (t) “Permit” means a permit to conduct open–pit mining pursuant to this subtitle. (u) “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or any individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, associations, public or private corporation, or any other entity. (v) “Principal owner” means an owner or beneficial owner of at least 10 percent of a corporation, firm, partnership, limited liability company, or association. (w) “Prospect” means the removal of soil or rock material overlying bituminous coal to determine the location or value of the coal resource of the area, but not to sell, exchange, or transfer. (x) “Secretary” means the Secretary of the Environment. (y) “Spoil pile” means the overburden and reject coal as it is piled or deposited in open–pit mining.

Md. Code, Environment § 15-502

This subtitle is an exercise of the police powers of the State for the general welfare of the people, by providing for the protection and conservation of the natural resources of the State and the improvement of areas of land and communities affected in the mining of bituminous coal by the open-pit, strip mining, or auger mining method. Its purpose is: (1) To aid in the protection of wildlife and restore these lands to productive purposes while decreasing soil erosion; (2) To aid in preventing pollution of rivers and streams; (3) To prevent combustion of unmined coal; (4) To provide for reclamation of the stripped areas; (5) To improve generally the use and enjoyment of these lands; and (6) To improve generally the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.

Md. Code, Environment § 15-503

(a) The Bureau may make and enforce any rule and regulation necessary to prevent, minimize, or repair damage to the land or the natural resources associated with the land which may result from any open-pit mining operation. (b) The Department is authorized to administer a surface mining control program consistent with the requirements of the federal Surface Mining Control and Reclamation Act, any amendments to that Act, and any rule or regulation promulgated under that Act.

Md. Code, Environment § 15-504

(a) (1) (i) A person may not conduct open–pit mining as an operator within the State without a currently valid license from the Department. (ii) Each application for a license as an open–pit mining operator shall be made in writing to the Department, on a form the Department furnishes and accompanied by a $200 fee. The application shall contain information concerning the applicant as required by the Department. In the case of an application submitted by a corporation, partnership, or association, the application shall contain information concerning officers, directors, and principal owners, as the Department requires. (2) (i) Every person licensed as an open–pit mining operator shall renew the person’s license annually and pay a $10 renewal fee. (ii) The application for renewal of a license as an open–pit mining operator shall be made on or before January 1 of the next succeeding year. (iii) The county fiscal authority shall notify the Department in writing by no later than December 15 of those open–pit mining operators who have not paid all of their county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November, as provided under §§ 20–301 through 20–303 and 20–308 of the Local Government Article and § 15–509 of this subtitle. The county fiscal authority shall send this notice of nonpayment to the affected operator at the same time that the county fiscal authority notifies the Department. In the absence of this notification, the Department shall presume that all coal severance taxes and surcharges, including any interest and penalties for late payment, have been paid. The Department may not renew a person’s open–pit mining operator’s license unless all of that person’s county coal severance taxes and surcharges, including any interest and penalties for late payment, that are due through the previous month of November have been paid. (iv) If an open–pit mining operator provides the Department with written notification from the county fiscal authority which states that the open–pit mining operator has not paid all of the operator’s county coal severance taxes and surcharges, including any interest and penalties for late payment, as provided in paragraph (2)(iii) of this subsection, but the county and the operator have agreed on a payment schedule, the Department may issue a license to the operator on the condition that the operator comply with the payment schedule. (b) The Director of the Bureau shall investigate every application for a license or renewal. The Director may not issue any new open–pit mining operator’s license or renew any existing license to any person or operator if the Director finds the applicant for licensure or renewal has failed to correct a violation of the rules and regulations established under this subtitle, or to comply with any of the provisions of this subtitle. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously failed and continues to fail to comply with any of the provisions of this subtitle, or if any officer, director, or principal owner is or has been an officer, director, or principal owner of any other corporation, limited liability company, partnership, or association, which has previously failed and continues to fail to comply with any of the provisions of this subtitle. The Director may not issue or renew any license to any person or operator who has forfeited any bond posted in connection with strip–mining activity in any state. If the applicant is a corporation, limited liability company, partnership, or association, the Director may not issue or renew the license if the Director finds that any officer, director, or principal owner of the corporation, limited liability company, partnership, or association, has previously forfeited any bond posted in connection with strip–mining activity in any state. (c) (1) Any license held under this section may be suspended by the Department if: (i) due to persistent or repeated failure to comply with the requirements under this subtitle, permit revocation procedures under § 15–508(c) of this subtitle have been brought for any operation owned or controlled by the licensee; and (ii) continued operation by the licensee at any other location is determined by the Department to be a contributing factor in the failure to comply. For purposes of this paragraph, continued operation by the licensee at any other location shall include operation by the licensee directly, or operation by any corporation, limited liability company, partnership, or association of which the licensee is an officer, director, or principal owner, and which involves use of equipment or resources employed on the permit area in violation under this paragraph. (2) The Department also may suspend the license of any corporation, limited liability company, partnership, or association that is found to be a contributing factor in the persistent or repeated failure to comply with the requirements under this subtitle, which failure caused the Department to bring permit revocation procedures under § 15–508(c) of this subtitle. (3) (i) The Department shall provide a licensee with notice and an opportunity for a hearing before it may suspend a license under this subsection. (ii) Unless stayed by the Department or by a reviewing court, any decision by the Department to suspend a license shall be effective immediately. (d) A licensed operator shall notify the Department, on a form the Department furnishes, within 30 days of the date of any changes in officers, directors, principal owners, or resident agents. The Department shall investigate each new officer, director, principal owner, or resident agent in accordance with subsection (b) of this section. If the Department finds that any officer, director, principal owner, or resident agent is or has been an officer, director, principal owner, or resident agent of any other corporation, limited liability company, partnership, or association that has failed or continues to fail to comply with any provision of this subtitle, or has forfeited any bond posted in connection with strip–mining activity in any state, the Department shall notify the operator and require corrective action to be taken within 30 days. If the operator does not submit proof that corrective action has been taken, the Department shall suspend the operator’s license. If corrective action is not taken prior to the expiration date of the license, the Department may not renew the operator’s license.

Md. Code, Environment § 15-505

(a) Before any person conducts open–pit mining, he shall obtain a permit from the Department for each separate operation. All permits shall require the operator to comply with all amendments to this subtitle and rules and regulations adopted pursuant thereto. A permit may not be issued if the Department determines that reclamation cannot be accomplished in accordance with the requirements of this subtitle or rules and regulations adopted pursuant thereto. The permit is valid for a term not to exceed 5 years, unless the Department suspends or cancels it prior to that time. If an applicant demonstrates that a specified longer term is necessary to obtain financing for equipment and opening the operation, the Department may grant a permit for such longer term. A permit issued under this subtitle shall carry with it the right of successive renewal and may be renewed if the permit meets the requirements of this subtitle and rules and regulations adopted under this subtitle. A permit may not be transferred or assigned without written approval from the Department. (b) (1) Subject to paragraph (2) of this subsection, the Department may not issue, extend or renew any permit to mine coal by the open–pit or strip method on any land the State owns whether or not the ownership includes mineral rights incident to the land, except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that an abandoned mine on State land will be reclaimed in conjunction with the proposed mining or except when the Secretary, with the recommendation of the Land Reclamation Committee and the approval of the Board of Public Works, determines that the mining could occur in conjunction with public construction activities that will disturb the vegetation and topsoil of State land. If the Department’s failure to issue, extend or renew a permit involves taking a property right without just compensation in violation of the Constitution of the United States or the Maryland Constitution and the General Assembly has not appropriated sufficient funds to pay the compensation, the State may use available funds under Program Open Space to purchase or otherwise pay for the property rights. (2) Subject to valid existing rights, as that term is used in the federal Surface Mining Control and Reclamation Act of 1977, the Department may not issue, extend or renew any permit: (i) Which would adversely affect any publicly owned park or place recorded in the National Register of Historic Sites, unless approved by the federal, State or local agency with jurisdiction over the park or historic site; (ii) Within the Youghiogheny River scenic corridor, notwithstanding any other provision of law; (iii) Within 100 feet of the outside right–of–way line of any public road (except where mine access roads or haulage roads join the right–of–way line), unless the Department, after public notice and opportunity for a public hearing in the locality, determines that the interests of the public and the affected landowners will be protected; (iv) Within 300 feet from any occupied dwelling, unless waived by the owner thereof; (v) Within 300 feet of any public building, school, public park, church, community or institutional building; or (vi) Within 100 feet of a cemetery. (c) The application for a permit or permit revision shall be submitted in a manner satisfactory to the Department and shall contain at a minimum: (1) A copy of the applicant’s advertisement to be published, following approval by the Department, in a newspaper of general circulation in the county of the proposed mining site which includes the ownership of the land to be affected, a description of the location and boundaries of the proposed site sufficient so that the proposed operation is easily locatable by local residents, the location of where the application is available for public inspection, and notice that written comments and requests for a public hearing will be received by the Department for at least 30 days after the last newspaper publication; (2) A U.S. Geological Survey quadrangle sheet, 7 1/2 minute series enlarged to a scale satisfactory to the Department showing the location of the land affected by the contemplated operation. The map shall be prepared and certified by a registered engineer or registered surveyor approved by the Department. It shall show the boundaries of the area of land which will be affected, the drainage area above and below the area, the location and names of all streams, roads, railroads, buildings, and utility lines on or immediately adjacent to the area, the name of the owner of the area, the boundaries and names of the owners of all surface areas abutting the permit area, and the nearest municipality; (3) The results of test borings which the operator has conducted at the site of the proposed operation. The application shall include data such as the nature and depth of the overburden, the thickness of the coal seam, a complete analysis of the coal seam and soil samples, the crop line and strike and dip of the coal seam, and the location of the test boring holes; (4) A determination of the probable hydrologic consequences of the mining and reclamation operations upon surface and ground waters both on and off the permit area. Information pertaining to the coal seam, test borings, core samples and soil samples shall be available to the public except that information as to the chemical and physical properties of the coal seam other than its potential toxicity shall be confidential; (5) A certificate stating that the applicant has a liability insurance policy for the operation for which the permit is sought in such amount as the Department determines to be necessary to compensate any person injured or damaged by the operation; (6) A permit fee of $10; and (7) A detailed mining and reclamation plan showing at a minimum, the method for construction of all haul roads, the method for removing and stockpiling topsoil material, the method of mining, a plan for blasting, a plan for control of drainage from the site, a plan for and method of backfilling and regrading, and a plan for revegetation of the area affected. (d) Procedures for review of an application shall be as follows: (1) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law. (2) (i) Except as provided in subparagraph (iii) of this paragraph, upon receipt of a complete application for a permit or permit revision the Department shall require the applicant to publish an approved advertisement of the application submitted under subsection (c) of this section. (ii) The public notice required in subparagraph (i) of this paragraph shall be published at least once a week for 4 successive weeks in a newspaper of general circulation in the county of the proposed mining operation. (iii) The public notice required in subparagraph (i) of this paragraph may not be required for an application for permit revision that does not propose significant alterations in a permit in accordance with the Department’s regulations. (3) The Department shall provide written notice of applications for permits or permit revisions to any interested person who requests written notice. (4) If a public informational hearing is requested, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing and shall publish the date, time, and location of the hearing in a newspaper of general circulation in the area of the proposed operation. The Department shall hold a public informational hearing on the application. A record of the hearing shall be made and shall be available to the public. (5) Any public informational hearing shall be at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of any hearing and copies of the application shall be available for public inspection at the Department 15 days before any hearing. (6) The Department shall review all aspects of the application, including information pertaining to any other permit required from the Department for the proposed strip mining operation in a timely manner. (7) (i) Upon completion of the review required by paragraph (6) of this subsection, the Department shall grant, require modification of, or deny the application for a permit and notify the applicant and any participant to a public informational hearing, in writing, of its decision: 1. Within 90 days after the date the Department determines that an application for a new permit or an application for permit revision that proposes significant alterations in the permit is complete; or 2. Within 45 days after receiving: A. A revised application for a new permit; or B. An application for a permit revision that does not propose significant alterations in the permit. (ii) The applicant for a permit shall have the burden of establishing that the application is in compliance with all of the requirements of this subtitle and the rules and regulations issued under this subtitle. (iii) The Department may provide for one extension of the deadlines in subparagraph (i) of this paragraph for up to 30 days by notifying the applicant in writing prior to the expiration of the original deadlines. (8) The Department shall immediately notify the operator, local governments, and any participants to a public informational hearing of the decision by the Department. Within 30 days of notification, any person adversely affected by the decision may request an adjudicatory hearing. The Department shall hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article within 30 days of the request and render a decision within 30 days thereafter. (9) Any applicant, or any person with an interest which is or may be adversely affected, who has participated in the administrative proceedings as an objector, and who is aggrieved by the decision of the Department, or if the Department fails to act within the time limits specified in this subtitle, shall have the right to judicial review in accordance with § 10–222 of the State Government Article. (e) In addition to any fee required in this subtitle, each applicant for a permit to mine coal by open–pit or strip method shall pay to the Department, before the permit is issued, a special reclamation fee of $75 for each acre of land affected. The fee shall be paid only when an acre is initially permitted. This fee shall be deposited in the Bituminous Coal Open–Pit Mining Reclamation Fund. The payment shall be based on the same number of acres as that for which a bond is required. Notwithstanding the provisions of § 15–515 of this subtitle, the Secretary shall use the funds produced by the fee under this subsection to backfill, grade, and plant areas affected by open–pit mining where the funds received from forfeiture on bonds, cash, securities, and other collateral are not sufficient to do the necessary backfilling, grading, and planting. However, if at any time the money produced by this fee and at that time in the Bituminous Coal Open–Pit Mining Reclamation Fund exceed the sum of $750,000, then the Secretary may use this excess money in accordance with the provisions of § 15–515 of this subtitle. (f) The operator is responsible for the prevention of stream pollution in excess of federal or State standards. (g) The application for a permit shall include for all land to be affected by the open–pit coal mining and reclamation operations: (1) On a form furnished by the Department, the written consent of the landowner and any owner of a legal or equitable interest in the land surface for the applicant to enter on any land to be affected by the operator conducting open–pit coal mining and reclamation operations; or (2) A conveyance that expressly grants or reserves to the applicant the right to extract coal by open–pit mining methods. (h) The Department may not issue a permit to an applicant if any strip mining operation owned or controlled by the applicant is currently in violation of the federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95–87), any other law pertaining to air or water environmental protection, or any provisions of this subtitle or any rule, regulation, notice, order or permit issued under this subtitle unless the applicant submits proof that the violation is in the process of being corrected to the satisfaction of the appropriate jurisdictional agency. (i) (1) If the requirements of this subtitle are met and no claim is outstanding under this subtitle against the operator, or any officer or director of a corporation, a permit shall be issued. Any additional permit is subject to each requirement for the original permit. (2) However, the Bureau may not issue a strip mining permit on slopes of 20 degrees or more from the horizontal. Slope measurements shall be made every 200 feet along the contour of the original premining natural slope beginning with the proposed initial point of mining and including the proposed terminal point of mining. If any 200–foot section has a slope of 20 degrees or more a strip mining permit may not be issued for that 200–foot section, except that a permit may be issued in the case of land eligible for remining when in the opinion of the Land Reclamation Committee the land could be restored to its original contour. (j) If the Director of the Bureau does not approve the application for a permit or permit revision, he promptly shall notify the operator by registered or certified mail setting forth his reasons for the disapproval. The operator then may take the steps required to have the Bureau’s objections removed. (k) A transfer, assignment, or sale of the rights granted under any permit issued pursuant to this subtitle may not be made without the written approval of the Department.

Md. Code, Environment § 15-506

(a) The Department shall establish a process to determine which, if any, land areas are unsuitable for all or certain types of surface coal mining operations. A surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will: (1) Be incompatible with existing State or local land use plans or programs; (2) Affect fragile or historic lands in which such operations could result in significant damage of important historic, cultural, scientific, and esthetic values and natural systems; (3) Affect renewable resource lands in which such operations could result in a substantial loss or reduction of long–range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas; or (4) Affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology. (b) The Department shall designate an area as unsuitable for all or certain types of coal surface mining operations if the Department determines that reclamation as required by this subtitle is not technologically and economically feasible. (c) Any person having an interest which is or may be adversely affected shall have the right to petition the Department to have an area designated unsuitable for surface coal mining operations or to have such a designation terminated. A petition shall describe the petitioner’s interest and contain allegations of fact and other supporting data. Within 10 months after receipt of the petition the Department shall hold a public hearing in the county in which the area is located, after publication of the time and place of such a hearing. Prior to the hearing any person may intervene by filing allegations of facts with supporting evidence. Within 60 days after such hearing, the Department shall issue a written decision regarding the petition, and the reasons therefor. (d) Prior to designating any land areas as unsuitable for surface coal mining operations, the Department shall prepare a detailed statement on (1) the potential coal resources of the area, (2) the demand for coal resources, and (3) the impact of such designation on the environment, the economy, and the supply of coal. (e) The Department shall condition all permits in order to protect lands identified or under study pursuant to this section. Once an area has been designated unsuitable for certain types of surface coal mining, the Department may not issue a permit to conduct such operations on that area. The Department shall determine the point in time at which the filing of a petition under this section shall act to stay issuance of a permit applied for under § 15–505 of this subtitle.

Md. Code, Environment § 15-507

(a) (1) In this section the following words have the meanings indicated. (2) “Open-acre” means the disturbed area, excluding any area which has not been cleared and grubbed and any area which has been satisfactorily backfilled, regraded, topsoiled, seeded, and mulched (or reclaimed to an alternate post-mining land use) in accordance with an approved reclamation plan, and which will not be redisturbed. (3) “Open-acre limit” means the number of acres approved to be bonded as open-acres and for which a bond is posted before the issuance of a permit. (b) (1) After receiving notification from the Department that the permit application has been approved, but before the permit is issued, the operator shall file with the Department a bond for performance payable to the State and conditioned on the operator faithfully performing every requirement of this subtitle, the rules and regulations issued under this subtitle, and permit conditions. (2) (i) The amount of the bond shall be determined by the Department and may not be less than $500 per acre or a fraction thereof based on the number of acres of land permitted. (ii) However, the amount of bond for the open-acre limit approved by the Department in the permit application may not be less than an additional $1,500 per acre or fraction thereof. (3) The liability of the operator under the bond shall be for the duration of the open-pit mining operation and for a period coincidental with the operator’s responsibility under § 15-513 of this subtitle. (c) All bonds required by this section shall be on a form provided by the Department, shall be payable to the State of Maryland, and shall be executed by the operator and a corporate surety licensed to do business in the State. Instead of a corporate surety, any of the following are acceptable: (1) A deposit of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be at least equal to the required sum of the bond. On receipt of a deposit of cash or securities, the Department immediately shall place it with the State Treasurer, who shall receive and hold the deposit in trust, in the name of the State for the purposes for which it is made. The State Treasurer is responsible for the custody and safekeeping of the deposit. The operator, making the deposit, may demand and receive from the State Treasurer all or any portion of any deposited securities, if the operator replaces them with other negotiable securities of the class specified as having a market value at least equal to the sum of the bond; (2) A certificate of deposit in an amount equivalent to the required bond: (i) Issued by: 1. A financial institution, as defined in § 1–101 of the Financial Institutions Article, that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland; or 2. A federal credit union, as defined in 12 U.S.C. § 1752, that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland; and (ii) Accompanied by written agreement of the financial institution or federal credit union to pay on demand to the State in the event of forfeiture; or (3) An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and expressly states that the total sum is guaranteed to be available and payable directly to the State on demand in the event of forfeiture. The irrevocable letter of credit may not expire during the anticipated life of the mining activities and the reclamation period thereafter. (d) The amount of the bonds required by this section shall be sufficient to assure completion of the reclamation plan by the Department in the event of forfeiture and in no case may the bonds required for any permit be less than $10,000. (e) The operator shall post an additional bond prior to commencing operations on any additional acreage exceeding that covered by the original permit provided the additional acreage is covered in an application previously submitted and approved in accordance with this subtitle. On receipt of the additional bond the Department shall issue an amended permit for the acreage covered by the additional bond. (f) An operator may not engage in open-pit mining if he has forfeited any prior bond posted under this section. (g) When an operator submits the mining and reclamation progress report required under § 15-508(b) of this subtitle, the Department, on advice of the Committee, may adjust the amount of surety required from the operator to assure completion of reclamation and revegetation. (h) Prior to the release of any bond required by this subtitle, the operator shall publish an advertisement of the release at least once a week for 4 consecutive weeks in a newspaper of general circulation in the jurisdiction affected. The operator shall notify adjoining property owners, local governmental bodies, sewage authorities, and water companies by certified mail. The Department shall afford interested persons an opportunity to submit written comments and to request a hearing on the proposed bond release. Upon receipt of an application for release of bonds, including proof of the advertisement and notifications, the Department shall conduct an evaluation of the reclamation work involved. The Department shall notify the operator in writing of its approval or disapproval. No bond may be fully released until all requirements of this subtitle, rules and regulations adopted pursuant to this subtitle, and permit conditions have been met.

Md. Code, Environment § 15-508

(a) (1) The Department may require an operator to establish and maintain such records, make such reports, and provide such information as may reasonably be required to enable the Department to determine whether the operator has acted or is acting in compliance with this subtitle and rules and regulations promulgated pursuant to it. (2) The operator of every strip mine operation shall, on or before the 25th day of each month, file with the Department a monthly report covering the preceding calendar month on a form furnished by the Department. The report shall state the actual tonnage of coal produced by each seam, the number of employees, and the number of serious and fatal accidents which have occurred. (3) The operator of every strip mine operation shall, on a schedule established by the Department, file with the Department an annual report on a form furnished by the Department. The report shall summarize the information from the monthly reports and the mining and reclamation progress report for the preceding calendar year. (b) (1) The operator of every strip mine operation which continues to operate beyond 1 year shall, on a schedule established by the Department, file with the Department a mining and reclamation progress report. The report shall provide, on forms furnished by the Department, the following information: (i) The total acres and open acre limit approved, permitted, and bonded; (ii) The total acres affected, backfilled, and planted on the permit; (iii) The total acres of approved planting on the permit; (iv) The total open acres on the permit; and (v) The information reported on the mining and reclamation progress report for the preceding year. (2) The mining and reclamation progress report shall be accompanied by a map prepared and certified by a registered professional engineer, a registered land surveyor, or other person approved by the Department. The map shall contain the information required under § 15–505(c)(2) of this subtitle and the following additional information: (i) The surveyed boundaries of the areas presently disturbed; (ii) The surveyed boundaries of all backfilled areas; (iii) The surveyed boundaries of all planted areas, including the month and year each area was planted; (iv) The boundaries of the areas remaining to be disturbed; (v) The present location and length of the highwall; and (vi) A legend containing all information required by this subsection. (3) (i) Upon notification by the Department of the schedule to file the mining and reclamation report, an operator may notify the Department, in writing, if land has not been disturbed on any strip mine operation during the preceding year. (ii) If the Department approves the notification, the map required under paragraph (2) of this subsection will not be required to be submitted with the mining and reclamation progress report. (4) (i) The Department shall review the mining and reclamation progress report. (ii) If the Department determines that the report is correct, the report shall be approved. (iii) If the Department does not approve the report, the Department shall notify the operator in writing, setting forth the reasons for disapproval, and identifying the action necessary to secure approval. (iv) The operator shall take the action necessary to secure approval of the report. (c) (1) The Department and its authorized agents, without advance notice and upon presentation of appropriate credentials, shall have the right of entry to, on or through any open–pit mining or prospecting operation or any premises in which any records required to be maintained under this subtitle are located to determine conditions of safety and to assure compliance with the provisions of this subtitle, any rules and regulations promulgated under it and any permit conditions, and shall have access to and the right to copy any records, reports, or other information, and to inspect any monitoring equipment or method of operation required by the Department under this subtitle. (2) If an operator fails to comply with requirements of this subtitle, any rule or regulation or permit condition, the Department immediately shall notify the operator by certified mail or personal delivery of the failure and require compliance within a reasonable time but not to exceed 90 days. The Department may extend beyond 90 days the total time for abatement of a violation, if the operator demonstrates by clear and convincing evidence, and the Department makes a written finding, that compliance within 90 days is unattainable either because of conditions totally beyond the control of the operator, or because abatement of the violation within 90 days would require action violative of mine safety standards established under federal or State law or would clearly cause more environmental harm than it would prevent. If the operator does not comply within the time specified, or any extension which may be granted, the Department shall issue a cease and desist order requiring the operator immediately to cease all or a portion of the open–pit mining operation in question until the Department determines that the operator is in full compliance. Copies of all records, reports, inspection materials, and information shall be available to the public. If the operator persistently or repeatedly fails to comply with a notice or order, the Department shall issue an order requiring the operator to show cause why the permit should not be revoked and provide opportunity for an adjudicatory hearing in accordance with § 15–514 of this subtitle. The Department also may order the immediate stopping of any operation conducted by an operator who lacks the license or permit required by this subtitle. (d) If the Department determines that a probable permit acreage or boundary violation exists, it may order an operator to submit a map showing the status of the operation as of the date of the order. (e) If, on the basis of an inspection, the Department determines that any condition or practice exists, which condition or practice creates an imminent danger to the health or safety of the public, or is causing or may reasonably be expected to cause significant imminent environmental harm, the Department or its agent shall immediately issue a cease and desist order requiring the operator immediately to cease open–pit mining on all or part of the operation in question until the Department determines that the operator is in full compliance. If cessation of open–pit mining is not sufficient to abate the imminent danger or harm, the Department shall also impose such affirmative obligations upon the operator as are necessary to abate the danger or harm. (f) Within 30 days from the date of a notice or order under this section, or from the date of a related civil penalty assessment under § 15–521(b) of this subtitle, whichever is later, any person having an interest which is or may be adversely affected may request an adjudicatory hearing pursuant to Title 10, Subtitle 2 of the State Government Article. If a civil penalty assessment is made, any adjudicatory hearing on the penalty amount shall be combined with the hearing on the violation, and the assessment must be paid into escrow in accordance with § 15–521(b)(4) of this subtitle. The Department shall conduct an investigation and provide the operator and other interested persons written notice of the time and place of the hearing at least 5 days prior to the hearing. Within 30 days of the hearing the Department shall issue a written decision. Prior to the decision, the Department may grant temporary relief from a notice or order if an applicant can show a substantial likelihood of success on the merits, a public hearing on the temporary relief is held, and the relief will not adversely affect the health or safety of the public or cause significant imminent environmental harm to land, air, or water resources. (g) A person seeking administrative or judicial review of a notice or order, or who participates in an action under § 15–528 of this subtitle, may request the Department or court to assess an opposing party for all expenses, including attorneys’ fees, reasonably incurred by the person in connection with the proceedings. The Department or court may order reimbursement as deemed proper. (h) Any person may request an inspection by providing the Bureau with a signed written statement that gives reason to believe that an operation may be in violation of this subtitle or the Bureau’s rules and regulations. If an inspection is made the person who requested the inspection shall have a right to accompany the inspector; provided that, he or she voluntarily remains under the control and direction of the inspector at all times, and assumes all risk of injury. In any case, the person shall be provided with a written report from the Bureau that indicates the results of an inspection, or the reason why no action was taken on the request.

Md. Code, Environment § 15-509

(a) On the basis of the approved monthly reports of coal produced submitted under § 15–508 of this subtitle, the Department shall assess a 15 cent mine reclamation surcharge for each ton of coal removed by the open–pit or strip method. (b) Of the amount assessed under subsection (a) of this section: (1) An amount equal to 9 cents for each ton of coal produced for the month shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and shall be administered in accordance with §§ 15–515, 15–516, and 15–517 of this subtitle; and (2) An amount equal to 6 cents for each ton of coal produced for the month shall be remitted to the fiscal authority of the county in which the coal was removed. (c) The provisions of subsection (b)(2) of this section may not apply for a month when the provisions of § 15–517(b) or (e) of this subtitle apply. (d) On the basis of the approved monthly reports of coal produced that are submitted under § 15–508 of this subtitle, the Department shall assess a 2 cent bond supplement reserve surcharge for each ton of coal removed by the open–pit or strip method, which amount shall be deposited to the credit of the Bituminous Coal Open–Pit Mining Reclamation Fund and administered in accordance with §§ 15–515, 15–516 and 15–517 of this subtitle.

Md. Code, Environment § 15-510

(a) Each operator shall comply with the requirements of this section. (b) (1) The operator shall regrade in a manner the Department establishes by rule and regulation and in accordance with the approved reclamation plan. Any regrading shall include, but is not limited to, backfilling, compacting (where necessary to insure stability or prevent leaching of toxic materials), and regrading to restore to the approximate original contour of the affected area with all highwalls, spoil piles, and depressions eliminated, unless depressions are approved by the Department to prevent erosion and retain moisture to assist revegetation. (2) All spoil from a permitted area shall be reclaimed within that permitted area or placed on abandoned mine land in a manner approved by the Department. Spoil from a permitted area may not be placed on abandoned mine land if it is needed to achieve the approximate original contour within that permitted area or to meet other permit requirements. (c) The operator shall seal off with a material approved by the Department each opening from an underground mining operation at the base of the final cut. The seal shall be constructed in a way to avoid creating danger from impoundment of any large quantity of water. (d) If the operator proposes to impound water to provide a lake or pond for wildlife, recreational, or other water supply purposes, he shall file a formal request with the Department and receive approval before the pond or lake is created. (e) An operator, with the written approval of the landowner, may propose an alternative plan for reclamation if the land can be used for suitable purposes. The alternate plan shall be submitted to the Department as part of the mining and reclamation plan. (f) Unless the operator obtains the prior written approval of the Department, all backfilling described in the approved reclamation plan shall be completed before backfilling equipment is moved from the operation. (g) An owner of either surface rights or mineral rights may not interfere with an operator in the discharge of any duties imposed by this subtitle.

Md. Code, Environment § 15-511

(a) (1) (i) After completion of all coal removal, backfilling, regrading, and planting on the permit, the operator shall file with the Department a completion report on a form furnished by the Department no later than the time the next mining and reclamation progress report required by § 15–508(b) of this subtitle is to be submitted. (ii) The report shall identify the operation, the area of land affected by the strip mining operation, and identify any area proposed to be reserved for deep mining or any other lawful purpose in accordance with subsection (b) of this section. (2) The completion report shall be accompanied by a completion map. The map shall be prepared and certified by a registered professional engineer or registered land surveyor and contain the following information: (i) The information required by the map under § 15–505(c)(2) of this subtitle; (ii) The surveyed boundaries of the areas affected on the permit; (iii) The surveyed boundaries of all areas which have been backfilled and planted on the permit and indicate the month and year each area was planted; (iv) The surveyed boundaries of any areas proposed to be reserved for deep mining or other purposes under subsection (b) of this section; and (v) A legend which indicates the total acres of the permit, acres affected on the permit, the acres remaining open on the permit, and the acres reserved for deep mining or other purposes. (3) (i) The Department shall review the completion report. (ii) If the Department determines the report is correct, the report shall be approved. (iii) If the report is not approved, the Department shall notify the operator, in writing, setting forth the reasons for disapproval and identify the action necessary to secure approval. (iv) The operator shall take the action necessary to secure approval of the report. (v) Approval of the completion report by the Department exempts the operator from the filing of further mining and reclamation progress reports on the permit pursuant to § 15–508(b) of this subtitle. (b) If the operator or any other person desires to conduct deep mining on the premises or use a portion of the permit area for haulageways or any other lawful purpose, the operator may designate a location, subject to the Department’s approval, to be used for one or more of these purposes. At a designated and approved location it is not necessary to backfill as required by this subtitle until the deep mining or other use is completed. During this time the bond on file for that portion of the operation may not be released unless a bond as required by Subtitle 6 of this title is filed with the Department. The area of each reserved opening and its location shall be described in the completion report and designated on the attached map. Before commencing operation of a deep mine, a permit must be obtained and a bond filed as required by Subtitle 6 of this title. (c) If within two years after the completion of the strip mining operation deep mining has not been initiated at the proposed location, reclamation shall be completed in accordance with this subtitle.

Md. Code, Environment § 15-512

To encourage optimum revegetation, the Committee may recommend to the Department that it contribute up to 50 percent of the cost of fertilizer, lime, and seed required by an approved mining and reclamation plan.

Md. Code, Environment § 15-513

(a) (1) No later than the time the mining and reclamation progress report required by § 15–508(b) of this subtitle is submitted, the operator shall submit a backfilling and planting report on a form furnished by the Department for all affected areas which have been backfilled, regraded, and planted in accordance with this subtitle and the approved reclamation plan. The report shall provide the following information: (i) The number of acres affected on the permit; (ii) The number of acres backfilled and planted for the period of the report; (iii) The number of backfilled and planted acres previously reported; (iv) A map showing the area of the permit being reported as backfilled and planted; and (v) Such other relevant information as the Department requires. (2) The Department shall inspect the reported area to determine if the backfilling and planting has been done in accordance with the approved reclamation plan. If the Department determines that the reported area has been backfilled and planted according to the approved plan, the report shall be approved. (3) If the Department does not approve the backfilling and planting report, it shall notify the operator in writing, setting forth the reasons for disapproval and identifying the action necessary to secure approval. The operator shall take the action necessary to secure approval of the report. (b) (1) Upon approval of the backfilling and planting report required by subsection (a) of this section, the Department shall release that portion of the liability on the bond representing the open–acre amount determined under § 15–507(b)(2)(ii) of this subtitle in accordance with provisions set forth in § 15–507(h) of this subtitle. (2) (i) If the report required by subsection (a) of this section is approved, the operator shall be responsible for the successful revegetation of the reported area for the period specified in subparagraph (ii) or (iii) of this paragraph unless liability is extended by the Department to insure compliance with the requirements of this subtitle, rules and regulations, or permit conditions. (ii) On land eligible for remining, the period of operator responsibility is 2 full years after the approval of the report. The authority for this subparagraph shall terminate on September 30, 2004, or on any later date authorized under the federal Surface Mining Control and Reclamation Act. (iii) For any reported area other than land eligible for remining, the period of operator responsibility is 5 full years after the approval of the report. (3) No sooner than 2 years after the report required by subsection (a) of this section is approved, if the revegetation has been established on the area in accordance with this subtitle and the approved reclamation plan and the Committee has approved the revegetation on the area, the Department may release an additional portion of the bond required by § 15–507(b) of this subtitle in accordance with § 15–507(h) of this subtitle. (4) The Department shall at all times retain bonds in an amount sufficient to insure completion of the reclamation plan by the Department in the event of forfeiture. (5) When the operator has successfully completed all surface coal mining and reclamation activities, the Department may release the remaining portion of the bond, but not before the expiration of the period specified for operator responsibility in paragraph (2) of this subsection; provided, however, that no bond shall be fully released until all reclamation requirements of this subtitle are fully met.

Md. Code, Environment § 15-514

(a) (1) If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing. (2) (i) If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing. (ii) Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article. (3) If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle. (4) If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits: (i) All rights and claims to the permit; (ii) All materials furnished with the application for the permit; and (iii) Any subsequent amendments to the permit. (b) (1) If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment. (2) If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond. (3) The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.

Md. Code, Environment § 15-514.1

§15–514.1. (a) In this section, “permit” includes all areas approved in the application for mining. (b) A permit that has been revoked under § 15-514(a) of this subtitle may be reinstated for the sole purpose of reissuing all or part of the permit to another qualified operator in accordance with subsection (c) of this section. (c) In order to be qualified to obtain a reissued permit under this section, an operator shall: (1) Provide to the Director proof of the right to mine as required by § 15-505(g) of this subtitle; (2) Enter into an agreement with the Department to assume the duties and responsibilities of the permit and to conduct mining operations in accordance with the requirements of this subtitle, regulations issued under this subtitle, and the conditions of the permit; (3) File with the Department a performance bond as required under § 15-507 of this subtitle; and (4) Provide to the Director any other information required to reissue the permit in accordance with this subtitle.

Md. Code, Environment § 15-515

(a) (1) Any funds that the Department receives and retains from license and special reclamation fees, mine reclamation surcharge, forfeiture of bonds, cash deposits, or securities shall be deposited to the credit of the State Treasurer in a bank the Treasurer designates. The funds shall be maintained as a special fund on the books of the Comptroller of the Treasury in an account known as the “Bituminous Coal Open–Pit Mining Reclamation Fund”. The Secretary shall use the funds to implement this subtitle and to backfill, grade, and plant areas affected by open–pit mining. However, funds received from the reclamation surcharge under § 15–509 of this subtitle shall only be used by the Secretary for reclamation of land affected by open–pit or strip method mining in the county in which the surcharge is assessed and collected. (2) (i) Funds received from forfeiture of bonds, and the bond supplement reserve established under § 15–517 of this subtitle, when the bond is not sufficient, shall be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform. (ii) Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by open–pit mining of bituminous coal. (3) Funds placed in the reserve in accordance with § 15–516 of this subtitle shall be used to replace water supplies affected by any open–pit mining operation after all bonds on the operation have been fully released. (b) The Secretary shall administer the Fund subject to the provisions for financial management and budgeting established by the Department of Budget and Management. The Secretary annually shall coordinate the preparation of a budget required to implement this subtitle, including reclamation of lands affected by bituminous coal open–pit mining. (c) For the purpose of performing duties under this section, the Department, its agents, employees, and contractors may enter on private property for access to and reclamation of any land affected by open–pit mining or prospecting. Entry onto private property for purposes other than reclamation of land on which liability was charged on a forfeited bond may not be undertaken without prior consent of the property owner. If, after real and bona fide effort, the consent of the property owner cannot be secured, the Department may apply to a court where the property or any part of it is located for an order directing that the entry be permitted. “Bona fide effort” shall include either 30 days’ advance notice in writing by certified mail, return receipt requested, to the last known address of the property owner or posting notice on the property not less than 30 days in advance, or other requirements as the court may deem appropriate. The Department shall reimburse the landowner or lessee who is farming the property for agricultural products destroyed or damaged by the Department’s agents, employees, or contractors. The Department shall be responsible for any other damages that may be incurred as a result of entry onto private property.

Md. Code, Environment § 15-516

(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a reserve to be used to replace water supplies that are determined to have been affected by an open-pit mining operation, after all the bonds under § 15-507 of this subtitle covering the operation that affected the water supply have been released in accordance with § 15-507 of this subtitle. (b) One cent of the mine reclamation surcharge that the Department assesses for each ton of coal removed by the open-pit or strip method under § 15-509 of this subtitle shall be paid into the water supply replacement reserve. (c) (1) When the amount of the reserve equals or exceeds $50,000, payment of the 1 cent into the reserve shall end temporarily. (2) When the amount of the reserve is reduced below $25,000 because of payment made under this section, payment of the 1 cent into the reserve shall resume.

Md. Code, Environment § 15-517

(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a bond supplement reserve to be used if funds received from the forfeiture of bonds under § 15-514 of this subtitle are not sufficient: (1) To reclaim the land affected by the operation on which the liability was charged on the bond; and (2) To perform: (i) The requirements of this subtitle; (ii) The requirements of regulations adopted under this subtitle; and (iii) Any permit condition that the operator has failed to perform. (b) The Secretary shall deposit to the credit of the bond supplement reserve the following funds: (1) A portion of the assessment under § 15-509(b)(1) of this subtitle equal to 2 cents for each ton of coal produced for the month; (2) The amount of the assessment under § 15-509(b)(2) of this subtitle; and (3) The amount of the assessment under § 15-509(d) of this subtitle. (c) When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily. (d) The assessment under § 15-509(d) of this subtitle shall end temporarily for any month when: (1) The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month; (2) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(1) of this section from the assessment under § 15-509(d) of this subtitle has been credited to the Bituminous Coal Open-Pit Mining Reclamation Fund; and (3) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(2) of this section from the assessment under § 15-509(d) of this subtitle has been remitted to the fiscal authority of the county in which the coal was removed. (e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000: (1) The assessment under § 15-509(d) of this subtitle shall resume; and (2) Deposits into the bond supplement reserve of the amounts in subsection (b)(1), (2), and (3) of this section shall resume. (f) The Secretary shall notify each county when remitting or suspending the remittance of the amount under § 15-509(b)(2) of this subtitle. (g) The Secretary shall meet and confer with the Land Reclamation Committee at least 30 days before procuring any services for which funds from the bond supplement reserve will be used, and shall provide the Committee an opportunity to submit comments and recommendations about the proposed expenditure.

Md. Code, Environment § 15-518

(a) A person who conducts any prospecting activity shall be subject to the reclamation requirements and to the enforcement and penalty provisions of this subtitle. (b) A person who intends to prospect for coal in an area not included in a valid surface coal mining permit shall file a notice of intent to prospect with the Department at least 2 weeks prior to the commencement of any surface disturbance associated with prospecting. (c) The notice of intent to prospect shall be in writing and submitted on forms prescribed by the Department. The notice shall include: (1) A description of the area to be prospected; (2) A description of the legal basis upon which the person who intends to prospect claims the right to enter and conduct prospecting operations on the area; (3) A description of the intended prospecting operations; (4) A statement of the period of the proposed prospecting; and (5) A plan for reclamation of the area in accordance with the requirements of this subtitle upon completion of the prospecting. (d) A person who proposes to conduct prospecting operations which are reasonably likely to cause substantial disturbance to the land surface or cause serious harm to water supply or water quality may not commence any disturbance related to the proposed prospecting prior to obtaining the written approval of the Department and submitting to the Bureau a bond in a form acceptable under § 15-507(c) of this subtitle, payable to the State, conditioned on the faithful performance of the requirements of this section. The bond shall be in the amount that the Department determines necessary to assure completion of reclamation and revegetation. (e) If the Department determines, after review of the notice filed pursuant to this section, that the proposed prospecting operation is reasonably likely to cause substantial disturbance to the natural land surface or to cause serious harm to a water supply or water quality, the Department shall so inform the person submitting the notice, and the requirements of subsection (d) of this section shall apply to such persons and operations. (f) The Department shall deny written approval to prospect where it finds that the person intending to prospect has failed to reclaim any other prospecting or surface coal mining operation in accordance with the requirements of this subtitle applicable to that operation. (g) A person may not remove more than 200 tons of coal pursuant to this section. (h) Prospecting operations, and any of its related activities, including but not limited to excavations, construction of roads, drill holes, the removal of facilities and equipment, and reclamation shall be conducted in accordance with performance and reclamation regulations established for prospecting. (i) Information submitted to the Department pursuant to this section concerning trade secrets or confidential commercial or financial information which relates to the competitive rights of the person or entity intending to prospect shall not be available for public examination. (j) A person who conducts any prospecting activity in violation of this section, or rules or regulations promulgated under this section, shall be subject to the enforcement and penalty provisions of this subtitle.

Md. Code, Environment § 15-519

(a) If the Department finds that the probable total annual production at all locations of a surface coal mining operator will not exceed 300,000 tons, the cost of the following activities, which shall be performed by a qualified public or private laboratory or such other public or private qualified entity designated by the Department, shall be assumed by the Department upon written request of the operator in connection with a permit application: (1) The determination of probable hydrologic consequences required by § 15-505(c)(4) of this subtitle, including engineering analyses and designs necessary for the determination; (2) The development of cross-section maps and plans required by § 15-505(c)(7) of this subtitle; (3) The geologic drilling and statement of results of test borings and core samplings required by § 15-505(c)(3) of this subtitle; (4) The collection of any archaeological and historical information required by the Department and the preparation of plans necessitated thereby; (5) Preblast surveys required by the Department; and (6) The collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the Department under this subtitle. (b) The Department shall provide or assume the cost of training coal operators that meet the qualifications in subsection (a) of this section concerning the preparation of permit applications and compliance with the Maryland Surface Mining Control Program, and shall ensure that qualified coal operators are aware of the assistance available under this section. (c) A coal operator that receives assistance pursuant to this section shall reimburse the Department for the cost of the services rendered if the Department finds that the operator’s actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit.

Md. Code, Environment § 15-520

(a) Any person who mines coal by the open-pit mining method as an operator without having applied for and received a license as provided in this subtitle is guilty of a misdemeanor. On conviction, he is subject to a fine of not less than $5,000 and not exceeding $10,000, or imprisonment not exceeding six months, or both. (b) Any person who mines coal by the open-pit mining method without having received a permit, as provided in this subtitle, who mines coal by the open-pit mining method without securing an amended permit, who mines coal by the open-pit mining method without furnishing the proper bond required by this subtitle, who knowingly or intentionally submits false information to the Department, or knowingly fails to make any statement, representation, or certification in any document required to be filed with the Department, or who does not fully comply with every provision and requirement of this subtitle or any rule, regulation, permit, notice or order issued pursuant thereto, is guilty of a misdemeanor, and upon conviction, is subject to a fine of not more than $10,000 or by imprisonment for not more than 1 year or both. (c) Any person who mines coal by the open-pit or strip method on any land the State owns in violation of § 15-505 of this subtitle without a permit the Bureau issues is guilty of a misdemeanor and upon conviction is subject to a fine of not less than $1,000 and not exceeding $10,000 or imprisonment not exceeding two years, or both. A separate offense shall exist for each day a violation occurs. In addition to any fine imposed, every person convicted of violating § 15-505 shall pay the Director a sum sufficient to reclaim the area mined. (d) Any fine imposed under this subtitle by the District Court shall be paid to the State. A fine imposed by the circuit court for any county shall be paid to the Bituminous Coal Open-Pit Mining Reclamation Fund. A fine imposed under this section and paid into the Fund shall be used for the sole purpose of foresting or reclaiming land affected by open-pit mining of bituminous coal. (e) Any person who shall willfully resist, prevent, impede, or interfere with the Secretary or any of his agents in the performance of duties under this subtitle shall be guilty of a misdemeanor, and on conviction, is subject to a fine of not more than $5,000 or by imprisonment for not more than 1 year or both.

Md. Code, Environment § 15-521

(a) Any person who violates any provision of this subtitle, or any rule, regulation, order, or permit issued pursuant thereto, shall be liable for a penalty not exceeding $10,000 for the violation, which may be recovered in a civil action, and the person may be enjoined from continuing the violation, as provided by this subtitle. Each day upon which the violation occurs constitutes a separate offense. (b) (1) In addition to any other remedies available at law or in equity, a civil penalty may be assessed for violation of any provision of this subtitle, or rule, regulation, order or permit issued under it; and shall be assessed whenever the Bureau issues a cease and desist order on imminent danger or significant imminent environmental harm under § 15-508(e) of this subtitle. The penalty may be assessed by the Secretary or a hearing officer designated by the Secretary, only after the person charged with the violation has been given an opportunity for a public hearing in accordance with paragraph (4) of this subsection. Where the person charged with the violation fails to request a public hearing, a civil penalty shall be assessed only after the Department determines that a violation did occur and the amount of the penalty which is warranted and has issued an order requiring the penalty be paid. The civil penalty assessed may not exceed $5,000 for each day of violation. (2) In determining whether or not to seek assessment of a civil penalty, the Department shall consider: (i) The willfullness of the violation and whether any negligence was involved; (ii) The seriousness of the violation in terms of potential or actual damage to land and structures, irreparable harm to the environment, or hazard to the health or safety of the public; (iii) The history of violations at the particular mine site; (iv) Any demonstrated good faith by the operator in attempting rapid compliance after notification of the violation; and (v) The effect of the violation on reclamation of the affected area. (3) The civil penalty is payable to the State and collectible in any manner provided at law for the collection of debts. If any person liable to pay the penalty neglects or refuses to pay it after demand, the amount, together with interest and any costs that may accrue, shall be a lien in favor of the State upon the property, both real and personal, of the person and shall be recorded in the clerk of court’s office for the political subdivision in which the property is located. The moneys shall be credited to the Bituminous Coal Open-Pit Mining Reclamation Fund. (4) Within 30 days from the date of an assessment order by the Department, the person charged with the violation may request an adjudicatory hearing in accordance with Title 10, Subtitle 2 of the State Government Article; provided that, at the time of the request the full amount of the penalty must be paid over to the Secretary for placement in an escrow account pending completion of administrative and judicial review of the assessment. Failure to forward the full amount to the Secretary within 30 days of an assessment order shall result in a waiver of all legal rights to contest the amount of the penalty or the underlying violation. If it is eventually determined that no violation occurred, or the amount of the penalty is reduced, the Secretary shall remit within 30 days the appropriate amount to the person, with interest at the rate of 6 percent. (c) If an operator fails to correct a violation within the time for compliance specified by a notice or order issued under § 15-508(c) or (e) of this subtitle, the Secretary shall assess a civil penalty of not less than $750 for each subsequent day up to 30 days thereafter during which the violation continues, and may assess the penalty beyond that time. (d) The Department may waive assessment of the civil penalty required by subsection (c) of this section when a violation was issued for the failure of the operator to submit: (1) The monthly report and annual report required under § 15-508(a) of this subtitle; (2) The mining and reclamation progress report required under § 15-508(b) of this subtitle; (3) The backfilling and planting report required under § 15-513 of this subtitle; or (4) The completion report required under § 15-511(a) of this subtitle.

Md. Code, Environment § 15-522

Whenever a corporation or limited liability company violates any rule or regulation promulgated under § 15-503 of this subtitle, any permit issued pursuant to this subtitle, or fails to correct a violation within the time specified by a notice or order issued under § 15-508(c) or (e) of this subtitle, any officer, director or agent of the corporation or limited liability company who willfully and knowingly authorized, ordered or carried out the violation or failure shall be subject to the penalty provisions of § 15-520(b) and § 15-521(b) and (c) of this subtitle.

Md. Code, Environment § 15-523

(a) On application of the Department, acting through the Attorney General, verified by oath, the circuit court for the county where a mining operation is located may, by appropriate order, enforce compliance with or enjoin the violation of any order, notice, rule, regulation or permit of the Department issued under this subtitle. (b) The provisions of this section are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.

Md. Code, Environment § 15-524

(a) Nothing in this subtitle shall be construed as affecting in any way the right of any person to enforce or protect his interest in water resources affected by open-pit mining. (b) Before the release of all bonds on a permit, the operator of an open-pit mine shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where such supply has been affected by contamination, diminution, or interruption proximately resulting from such open-pit mine operations. (c) (1) If the Department determines that the water supply has been affected by open-pit mining operations, the Department shall notify the operator of its determination and shall establish a reasonable schedule for the operator to replace the water supply. (2) If the operator fails to comply with the schedule for replacing the affected water supply established in the Department’s notification under paragraph (1) of this subsection, the Department shall order the operator to replace the affected water supply. (3) On request from the operator, the Department shall use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section. (d) (1) On request from the owner of the affected water supply, the Department may use funds from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle, to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section. (2) These funds may be used to replace a water supply only after the owner of the affected water supply agrees to reimburse the Fund for moneys expended by the Department as provided in subsection (f) of this section. (e) (1) If the Department determines that the water supply has been affected by open-pit mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Bituminous Coal Open-Pit Mining Reclamation Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply. (2) If the Department determines that the supply has been affected by open-pit mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the reserve under § 15-516 of this subtitle to replace the water supply. The use of funds from the reserve may not be construed to extend any permit where bonds have been fully released. (f) (1) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Bituminous Coal Open-Pit Mining Reclamation Fund to replace the water supply, the operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply. (2) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s open-pit mining operation, and if the Department has expended moneys from the Fund to replace the water supply, the property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply. (3) (i) If, after final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s open-pit mining operation, and if the operator has replaced the water supply, the operator may request reimbursement from the Department for the actual direct costs incurred by the operator to replace the water supply. (ii) The request shall be in writing, signed by the operator, and shall include a statement of the actual direct costs incurred by the operator to replace the water supply, and a statement that the operator is not eligible for reimbursement for all or any part of the costs for which reimbursement is requested from any other source. (iii) The Department shall reimburse the operator for the operator’s eligible costs to replace the water supply from the Bituminous Coal Open-Pit Mining Reclamation Fund, other than funds collected under § 15-505(e) of this subtitle. (g) (1) The operator shall be liable for any expenditures from the Bituminous Coal Open-Pit Mining Reclamation Fund in excess of funds received from forfeiture on bonds required to replace the water supply under subsection (e) of this section. (2) The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.

Md. Code, Environment § 15-525

No person may engage in or be directly responsible for blasting or the use of explosives in open-pit mining operations without being certified by the Department. The Department shall establish a program providing training, examination and certification.

Md. Code, Environment § 15-526

For the purpose of any hearing required by this subtitle, the Department is authorized to administer oaths, subpoena witnesses, or written or printed materials, and take evidence including but not limited to inspections of the land affected and other surface coal mining operations carried on by the operator in the general vicinity. A verbatim record of each hearing required by this subtitle shall be made unless waived by all parties, and a transcript made available on the motion of any party or by order of the Department.

Md. Code, Environment § 15-527

(a) An employee of the State of Maryland who performs any function or duty under this subtitle may not have a direct or indirect financial interest in any open-pit or deep mining operation. For purposes of this section, prohibited financial interests shall be determined in accordance with federal regulations adopted under the federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87). (b) This section is intended to be read in conjunction with and to supplement the provisions of the Maryland Public Ethics Law, but in the event of any conflict, the requirements of this section shall prevail. (c) Any person who knowingly violates any provision of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $2,500 or imprisonment for not more than 1 year or both.

Md. Code, Environment § 15-528

(a) Except as provided in subsection (b) of this section, any person, as defined in this subtitle, who has an interest that is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this subtitle: (1) Against the Department if there is alleged a failure of the Department to perform any act or duty under this subtitle that is not discretionary; or (2) Against any other person who is alleged to be in violation of any rule, regulation, order, or permit issued under this subtitle. (b) An action may not be commenced under subsection (a) of this section: (1) Prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department, the Attorney General, and to any alleged violator; provided that, the action may be brought immediately if the alleged violation constitutes an imminent threat to the health or safety of the plaintiff, or would immediately affect a legal interest of the plaintiff; or (2) If the Department or the State has commenced and is diligently prosecuting a civil action to require compliance under this subtitle, but any person may intervene in the action as a matter of right. (c) The Secretary of the United States Department of Interior may intervene as a matter of right in any action brought under this subtitle. (d) This section is intended to be read in conjunction with and to supplement the provisions of Subtitle 5 of Title 1 of the Natural Resources Article (Environmental Standing Act), but in the event of any conflict, the requirements of this section shall prevail.

Md. Code, Environment § 15-529

If any provision of this subtitle or the applicability thereof to any person or circumstances is held invalid, the remainder of this subtitle and the application of such provision to other persons or circumstances shall not be affected thereby.

Md. Code, Environment § 15-601

(a) In this subtitle the following words have the meanings indicated. (b) “Abandoned” means an operation from which coal has not been removed for a six-month period. (c) “Affected area” means: (i) the land within the permit area from which coal is removed and which is occupied by pillars; (ii) all land adjacent to the mine openings utilized by the operator; and (iii) off-site disposal areas. (d) “Completed” means an operation where backfilling, sealing, revegetation, and other requirements of the permit have been accomplished. (e) “Deep mining” means the extraction of coal through underground mining methods, including gaining access to the coal deposits by means of vertical or inclined shafts, by drift mining from the coal outcrop, or by other means that do not involve the stripping away of overburden to expose the deposit. (f) “Mine opening sealing” means adequate sealing of a mine so that discharge from the mine is not or will not become injurious to animal or aquatic life or to use of water for domestic or industrial consumption or recreation or does not or will not violate water quality or effluent standards. (g) “Opening” means a passage into a coal bed that is used for haulage, traveling ways, ventilation, or removal or introduction of water. (h) “Operator” means any person, partnership, or corporation who removes or intends to remove more than 250 tons of coal from the earth by deep coal mining within 12 consecutive calendar months in any one location. (i) “Subsidence” means the sinking or settling of a land surface area from beneath which coal has been extracted.

Md. Code, Environment § 15-602

In this subtitle the General Assembly intends to provide for the reclamation of the land affected by deep mining operations; provide for the protection of the waters of the State that otherwise might be affected adversely by pollution from deep mines; and provide for the improvement of the health, welfare, and living conditions in the communities and counties in which coal mining is an important industry.

Md. Code, Environment § 15-603

(a) The Secretary shall adopt rules and regulations for prevention of water pollution or damage to the land surface resulting from deep mining operations. The rules and regulations shall include standards and procedures for ensuring reclamation or sealing of mined areas after operations cease. (b) The Secretary may study and recommend and shall approve all procedures for reclamation, conservation, and revegetation of affected areas, including mine opening sealing, prevention or reclamation of subsidence damage, underground fires, disposition of spoil, restoration of plant cover, prevention of erosion, prevention of the creation of acid water, and any other actions that will ensure conservation and beneficial utilization of the natural resources of the State. (c) The Secretary shall review all mining and reclamation plans, progress reports, inspection reports, and completion reports. (d) The Secretary may enter to inspect any deep mine operation to determine reclamation progress, conservation, and water quality conditions and investigate for violations of this subtitle. (e) In order to protect the stability of land, the Secretary shall suspend deep mining under urbanized areas, cities, towns and communities and adjacent to industrial or commercial buildings, major impoundments or permanent streams if the Secretary finds imminent danger to inhabitants of the urbanized areas, cities, towns and communities. (f) The surface effects of deep mining shall be subject to the applicable provisions of Subtitle 5 of this title and any rules or regulations adopted pursuant thereto.

Md. Code, Environment § 15-604

All funds received by the Secretary from permit fees and surcharges shall be deposited to the credit of the Deep Mining Fund to be used only for the administration and implementation of this subtitle, including mine opening sealing and reclamation of subsidence damage.

Md. Code, Environment § 15-605

(a) A person may not continue or commence operation of any deep mine as an operator within the State without first obtaining a license from the Department. (b) The application for a license shall be made in writing on a form the Department furnishes and accompanied by a $200 fee. The application shall contain the information concerning the applicant that the Department requires. If a corporation, partnership, or association submits the application, it shall contain the information concerning officers, directors, and principal owners that the Department requires. Subject to subsection (c) of this section, a license is renewable annually on application made on or before January 1 of the next succeeding year and payment of a $10 renewal fee. (c) (1) The Secretary shall investigate each application for a license or renewal. (2) The Secretary may not issue a license to or renew the license of an applicant if the Secretary finds that the applicant: (i) Failed to correct a violation of any rule or regulation adopted under this subtitle; (ii) Failed to comply with any provision of this subtitle; or (iii) Forfeited any bond posted in connection with deep mining activities in any state. (3) With respect to an application of a corporation, partnership, or association, the Secretary may not issue a license to or renew the license of the applicant, if the Secretary finds that any of its officers, directors, or principal owners: (i) Failed and continues to fail to comply with any provision of this subtitle; (ii) Is or has been an officer, or principal owner of any other corporation, partnership, or association that previously failed and continues to fail to comply with any provision of this subtitle; or (iii) Forfeited any bond posted in connection with deep mining activity in any state. (4) The provisions of this subsection are not intended to expand the authority of the Secretary to adopt rules and regulations as otherwise provided by law.

Md. Code, Environment § 15-606

(a) A person may not continue or commence operation of any deep mine as an operator after January 1, 1977 without first obtaining a permit from the Secretary. (b) The application for a permit shall be on a form prescribed by the Secretary and shall be accompanied by a $200 fee. As part of the application, the operator shall include: (1) two copies of an accurate map or plan as required by subsection (i) of this section; (2) a detailed mine opening sealing plan and general reclamation plan for the affected area; (3) any other information required by the Secretary; and (4) an application for each other permit required for the operation by the Environment Article. (c) (1) Notwithstanding any provision of the State Government Article, public notice on pending applications provided in accordance with the provisions of this subtitle shall be the only notice required by law. (2) Upon submission of the completed applications required by subsection (b) of this section, the Department shall require the applicant to publish an approved public notice of the opportunity to submit written comments and to request a hearing. (3) The public notice shall: (i) Be published in a newspaper of general circulation in the county of the proposed mining site at least once a week for 4 successive weeks; (ii) Identify the ownership of the land within the proposed permit area; (iii) Describe the location of the proposed operation sufficiently so that it can be easily located by local residents; (iv) Indicate the location where a copy of the application is available for public inspection; and (v) Include a statement that written comments and requests for a public hearing will be received by the Department for 30 days after the last newspaper publication. (4) The Department shall provide written notice of applications for permits to any person who requests written notice. (5) Prior to the hearing, the Secretary shall seek the recommendations of the Land Reclamation Committee concerning the general reclamation plan for the affected area. (d) (1) If a hearing is requested within the comment period set forth in the public notice, the Department shall notify the applicant and any person who requests the hearing of the date, time, and location of the hearing. The Department shall publish the date, time, and location of the hearing in a newspaper of general circulation in the county of the proposed operation. (2) The Department shall hold the hearing at least 15 but not more than 60 days after the Department provides public notice of the hearing. Members of the public shall be provided an opportunity to comment on the application in writing until the date of the hearing and copies of the application shall be available for public inspection at the Department and at the soil conservation district office in the county of the proposed mine site 15 days before the hearing. (3) A record of the hearing shall be made and be available to the public. (e) (1) The Secretary shall approve, reject, or modify the proposed deep mining plans. If a hearing is requested, after the hearing, the Secretary shall approve, reject, or modify the proposed deep mining plans. (2) If the Secretary modifies or rejects a deep mining plan, the operator shall be notified in writing of the reasons for rejection or the modifications required. The operator may resubmit the plan with the requested corrections or modifications to the Secretary. (f) A permit issued under this subtitle is valid for a period of up to five years from its issuance or until the operation is completed or abandoned, unless the Department suspends or revokes the permit or unless the permittee requests a change in operations. (g) A permit is renewable on application and payment of a $200 fee. (h) A permit may not be issued to any operator for the purpose of mining any abandoned mine or part of it that has been sealed in compliance with this subtitle, unless a detailed projected mining plan in the form of a cost-benefit analysis is submitted to and approved by the Secretary. The Secretary may not approve a plan unless the plan shows that a continuation of mining would not affect adversely the current environmental balance of the area and would be advantageous for the more complete recovery and utilization of the natural resources. (i) The operator of any coal mine in the State shall make, or cause to be made by a competent mining engineer or surveyor, an accurate map of the mine for each seam of coal worked, on a scale of not less than 200 feet to the inch, which shows: (1) The boundary lines of the property, the location of all buildings, railway tracks, wagon or other roads, rivers, streams, lakes and ponds, with the depth indicated, other important landmarks on the surface of the property; connecting lines of contiguous properties; and any lines with relation to contiguous mines or coal properties. (2) The openings, excavations, shafts, slopes, drifts, tunnels, planes, entries, rooms, crosscuts, and the name and location number of each coal mine, if so identified. (3) The elevation datum at top and bottom of each shaft, slope, and any drifts, tunnels, planes, at the faces of entries, as found at each semiannual survey; and in rooms and entries adjacent to boundary lines between the mine and any adjoining mine at points not more than 300 feet apart; the date of entry of each datum; and the location and elevation of any body of water dammed within or held back in any portion of the mine, giving as nearly as ascertainable, the true area of the body of water. (4) The direction of the air currents in the mine, indicated by arrows.

Md. Code, Environment § 15-607

The Department shall adopt regulations to protect against, prevent, or correct material damage due to subsidence.

Md. Code, Environment § 15-608

(a) Nothing in this subtitle shall be construed as affecting the right of any person to enforce or protect that person’s interest in water resources affected by deep mining. (b) The operator of a deep mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner’s supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from deep mining operations. (c) (1) If the Department determines that the water supply has been affected by deep mining operations, the Department shall notify the operator of its determination and shall establish a reasonable schedule for the operator to replace the water supply. (2) If the operator fails to comply with the schedule for replacing the affected water supply established in the Department’s notification under paragraph (1) of this subsection, the Department shall order the operator to replace the affected water supply. (3) On request from the operator, the Department shall use funds from the Deep Mining Fund to replace the affected water supply, if the operator agrees to reimburse the Fund for money expended by the Department as provided in subsection (f) of this section. (d) (1) On request from the owner of the affected water supply, the Department may use funds from the Deep Mining Fund to replace the affected water supply if the operator fails to comply with either the schedule established in the Department’s notification or the Department’s order under subsection (c) of this section. (2) These funds may be used to replace a water supply only after the owner of the affected water supply agrees to reimburse the Fund for moneys expended by the Department as provided in subsection (f) of this section. (e) (1) If the Department determines that the water supply has been affected by deep mining operations after bonds on the operations have been forfeited, the Department may use funds received from forfeiture on bonds, or funds from the Deep Mining Fund where funds received from forfeiture on bonds are not sufficient, to replace the water supply. (2) If the Department determines that the water supply has been affected by deep mining operations after all bonds on the operation have been fully released, instead of requiring the operator to replace the water supply under subsection (c) of this section, the Department shall use funds from the Deep Mining Fund to replace the water supply. The use of these funds may not be construed to extend any permit where bonds have been fully released. (f) (1) The operator shall reimburse the Fund for all moneys expended by the Department to replace the water supply if: (i) After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did proximately result from the operator’s deep mining operation; and (ii) The Department has expended moneys from the Deep Mining Fund to replace the water supply. (2) The property owner shall reimburse the Fund for all moneys expended by the Department to replace the water supply if: (i) After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s deep mining operation; and (ii) The Department has expended moneys from the Fund to replace the water supply. (3) (i) The operator may request reimbursement from the Department for the actual direct costs incurred by the operator to replace the water supply if: 1. After final administrative and judicial review of the Department’s determination or order issued under subsection (c) of this section, it is determined that the water supply contamination, diminution, or interruption did not proximately result from the operator’s deep mining operation; and 2. The operator has replaced the water supply. (ii) The request shall be in writing, signed by the operator, and include a statement of the actual direct costs incurred by the operator to replace the water supply and a statement that the operator is not eligible for reimbursement for all or any part of the costs for which reimbursement is requested from any other source. (iii) The Department shall reimburse the operator for the operator’s eligible costs to replace the water supply from the Deep Mining Fund. (g) (1) The operator shall be liable for any expenditures from the Deep Mining Fund in excess of funds received from forfeiture on bonds required to replace the water supply under subsection (e) of this section. (2) The Department may recover from the operator all costs of water supply replacement in excess of funds received from forfeiture on bonds.

Md. Code, Environment § 15-609

(a) When, by sale, lease, assignment, or otherwise, one operator succeeds to the interest of another in any uncompleted mining operation, the Department may release the first operator from all liabilities imposed on him by this subtitle with reference to the operation and transfer the permit to the successor operator, if both operators have complied with the requirements of this subtitle and the successor operator assumes the duties and responsibilities of the first operator with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by § 15-612 of this subtitle. (b) The successor operator shall pay a $20 fee on filing a transfer of permit.

Md. Code, Environment § 15-610

(a) If the Department determines that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the operator written notice of: (1) The Department’s determination; (2) The Department’s intention to modify the mining and reclamation plan and other terms and conditions of the permit in a stated manner; and (3) The operator’s right to a hearing on the proposed modification at a stated time and place. (b) The hearing shall be held within 60 days after written notice is forwarded to the operator. After the hearing, the Department may modify the mining and reclamation plan and other terms and conditions of the permit in the manner stated in the notice or in another manner it considers reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the operator to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit. (c) A fee may not be charged to the operator for a departmental modification of the permit.

Md. Code, Environment § 15-611

(a) If the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under it, or the terms and conditions of a permit, including the approved mining and reclamation plan, has occurred, the Department shall serve written notice of a violation on the operator, specifying the facts constituting the apparent violation and inform the operator of his right to a hearing at a stated time and place. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order until the violation is corrected. (b) The hearing shall be held within 45 days after the notice is forwarded to the operator. The operator may appear at the hearing, either personally or through counsel, and present evidence on his behalf. The Department shall render a decision regarding the violation within ten days after the hearing. (c) The Department may revoke the permit if the violation is not corrected. (d) Any operator whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until he has complied fully with the provisions of this subtitle, the rules and regulations adopted under it, and the terms and conditions of his permit, including any modifications and the approved mining and reclamation plan, and until he has satisfactorily corrected all previous violations.

Md. Code, Environment § 15-612

(a) (1) After receiving notification that an application for a permit has been approved, but before commencing deep mining operations, the operator shall file a bond with the Department. (2) Before commencing operations on an additional opening not included in the original bond made in the application for a permit, the operator shall post an additional bond or deposit. The operator also shall submit additional information that would have been required to be included with the original application for a permit. On receipt of the additional bond or deposit and the additional material, the Secretary may issue an amended permit covering any additional opening covered by the additional bond. (b) The bond shall be on a form prescribed and furnished by the Department, payable to the State of Maryland, and conditioned on faithful performance of the requirements of this subtitle by the operator. (c) The amount of the bond shall be equal to the amount the Department determines to be the cost of reclamation of the affected area. Liability under the bond shall be for the duration of the mining operation, and for a period of five years after the mine has been completed, provided that a bond may not be fully released until all requirements of this subtitle, regulations adopted in accordance with this subtitle, and permit conditions have been met. (d) The bond shall be executed by the operator and by a corporate surety approved by the Department. (e) (1) The operator may elect to deposit cash, a certificate of deposit from a bank that is physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, or negotiable bonds of the United States government with the Department in lieu of a corporate surety. The cash deposit or market value of the securities may not be less than the required sum of the bond. (2) On receipt of any deposit of cash or securities, the Secretary immediately shall forward it to the State Treasurer, who shall receive and hold it in the name of the State in trust for the purpose for which the deposit is made. (3) The operator making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the required sum of the bond. (f) On submission of the annual progress report required by § 15-615 of this subtitle, the Secretary may adjust the amount of the bond or security required from the operator to assure completion of reclamation work.

Md. Code, Environment § 15-613

(a) The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the operator to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or on revocation of the permit. The Department shall notify the operator by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The operator has 30 days to show cause why the bond or cash deposit should not be forfeited. (b) If the operator shows cause, the Department shall provide a reasonable time, but not less than six months, for the operator to restore the land to comply with the permit. (c) If the operator fails to show cause, the bond or cash deposit shall be forfeited nisi, and the Department shall give notice of the forfeiture to the operator, to the legal owner of the land if different from the operator, and to the surety. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days after the forfeiture nisi, the bond or cash deposit shall be forfeited absolute. (d) (1) Funds received from forfeiture on bonds shall be deposited in the Deep Mining Fund and be used to reclaim the land affected by the operation on which the liability was charged on the bond and to perform the requirements of this subtitle, regulations issued under this subtitle, and permit conditions that the operator has failed to perform. (2) Funds received on a forfeiture in excess of the amount required to reclaim the land affected and to perform the requirements that the operator has failed to perform may be used to reclaim any other land affected by deep mining.

Md. Code, Environment § 15-614

An operator may not conduct deep mining within the State if he previously has forfeited any bond posted pursuant to deep mining activities, unless, on application, the operator repays to the Department the cost of reclamation, if the Department has reclaimed the land with interest at the current rate for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the operator shall reclaim the land covered by the forfeited bond at his own expense, including any additional erosional, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.

Md. Code, Environment § 15-615

(a) By the twenty-fifth day of each month, a deep mine operator shall file a monthly progress report with the Secretary on a form furnished by the Secretary. In the report, the operator shall indicate the total area affected, number of mine openings, tonnage of coal removed, and changes in this information over previous months. An annual report shall be furnished to the Secretary not later than February 25 of each year for the preceding year covering facts the Secretary may require regarding the production and condition of the operation during the calendar year preceding. The operator also shall update the information on the maps previously supplied with the permit application. (b) On the basis of the approved annual and monthly progress or completion reports the Secretary shall assess a 15-cent surcharge for each ton of coal removed during the past year. Nine cents of the amounts collected from each ton of coal removed shall be retained by the Secretary and 6 cents shall be remitted directly to the county in which the coal was removed. (c) Every six months the operator of each mine shall cause to be accurately shown on the map and on the copies any extension of any portion of the mine, which was made during the intervening period, and any portion of the mine and mine workings, discontinued or abandoned. (d) If the district mine inspector reasonably believes that any map of any mine or copy furnished to him under the provisions of this section is inaccurate, he may order a survey of what he believes has been mapped incorrectly. The cost of the survey is recoverable from the operator as other debts are recoverable by law. However, if the map claimed to be inaccurate is found to be sufficiently accurate for its intended purpose, the reasonable cost of the survey is payable by the State.

Md. Code, Environment § 15-616

(a) Within 30 days after an operation is abandoned or completed, the operator shall file with the Department a completion report on a form prescribed and furnished by the Secretary. (b) The operator shall attach to the completion report: (1) A map of the operation certified by a surveyor or engineer that shows the boundary lines of the tract and the access to the operation from the nearest public highway; (2) The area of land affected by the deep mining operation; and (3) Details of the completed reclamation work.

Md. Code, Environment § 15-617

On application of the Department, verified by oath, the circuit court of the county or city where the mining operation is located may enjoin compliance with or violation of any order, notice, rule, or regulation of the Department made in accordance with this subtitle.

Md. Code, Environment § 15-618

Any operator who mines coal by the deep mining method without having a permit or amended permit or without providing bond as provided in this subtitle, who knowingly or intentionally includes false information in the application for a permit, or who does not fully comply with the permit or adopted rules and regulations is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.

Md. Code, Environment § 15-701

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means the Board of Public Works. (c) “Costs” means the costs of acquisition, improvement, development, rehabilitation, construction, reconstruction and development of land and facilities and its financing, including the cost of engineering and legal services, appraisals, plans, specifications, surveys, investigations, feasibility studies, estimates of costs and revenues, and other necessary or incidental capital expenditures. (d) “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property. (e) “Studies” means the collection, analysis, and preparation of information, alternatives, and recommendations to permit the State or any of its political subdivisions singly or jointly to determine a course of action to meet the purposes of this subtitle.

Md. Code, Environment § 15-702

(a) It is the intention of the General Assembly to provide for the restoration of State waters affected by pollution from any abandoned mine to the quality necessary to support fish and other aquatic life, recreation, and other beneficial purposes. To accomplish this objective, the Secretary may acquire and rehabilitate land occupied or degraded by any abandoned deep or strip mine to prevent the land from contributing to water pollution and take whatever other measures are necessary to prevent, control, and abate water pollution from any abandoned mining area. (b) The Secretary may promulgate rules and regulations to implement the provisions of this subtitle.

Md. Code, Environment § 15-703

The Secretary may implement the provisions of this subtitle by methods including, but not limited to, backfilling, grading, revegetating abandoned strip mines, sealing abandoned deep mines, and controlling erosion and water drainage.

Md. Code, Environment § 15-704

(a) Proceeds from the Mine Reclamation and Water Quality Restoration Loan of 1970 shall be credited on the books of the State Comptroller to be expended exclusively to finance the costs of acquisition, improvements, or rehabilitation of land and acquisition, construction, reconstruction, extension, and improvement of facilities in connection with the prevention, control, and abatement of pollution of the waters of this State from abandoned deep or strip mines, including the prevention of drainage. The proceeds of the loan may be expended for: (1) improvement or rehabilitation, including drainage prevention, of land owned by the State or a political subdivision and occupied or degraded by an abandoned strip mine or deep mine; or (2) acquisition, improvement, or rehabilitation, including drainage prevention, of private land occupied or degraded by abandoned mines. However, the proceeds may not be used to improve, rehabilitate, or prevent drainage from any land that the State or a political subdivision does not own, unless the owner of the land contributes to the cost an amount at least equal to the increase in the value of the land resulting from improvement or rehabilitation. This amount or the manner of determining this amount and the manner of payment shall be determined by the Secretary. The owner of the land need not pay the increase in the value of the land resulting from the improvement or rehabilitation until such time as the land use is changed from agriculture or other open space use. (b) Land acquired under the provisions of this subtitle may be sold to a private person, retained by the State, or transferred to a political subdivision after the land has been rehabilitated and water pollution from the land has been controlled. Every purchase, sale, and/or transfer of land is by action of the Board who may promulgate rules and regulations governing the transactions. The Board may accept gifts of land from any private citizen, group, quasi-public organization, or political subdivision in order to accomplish the purposes of this subtitle. Land acquired by the State by gift, after rehabilitation and control of water pollution, either may be sold or retained by the State or transferred to a political subdivision as directed by the Board. Any money received from the sale of land acquired under this section shall be deposited in the treasury and constitutes a permanent special fund known as the “Abandoned Mine Drainage Capital Fund”. The money in the Fund may be utilized only for the same purposes as the proceeds of the loan authorized by this subtitle.

Md. Code, Environment § 15-705

The Department may cooperate with any other State unit or political subdivision and expend funds jointly for any water pollution control project undertaken under the provisions of this subtitle where the objectives of the project may be achieved better or economy realized by a cooperation and joint action, or where the cooperation and joint action is in the public interest.

Md. Code, Environment § 15-706

The Department may take advantage of any available federal program to augment the money it has available under the provisions of this subtitle.

Md. Code, Environment § 15-801

(a) In this subtitle the following words have the meanings indicated. (b) “Affected land” means the land from which the mineral is removed by surface mining, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the surface mining activities of the permittee, including private ways and roads appurtenant to the area, land excavations, workings, refuse piles, spoil piles, and tailings. (c) “Borrow pit” means an area from which soil or other unconsolidated materials are removed to be used, without further processing, as fill for activities such as landscaping, building construction, or highway construction and maintenance. (d) “Contiguous” means in actual contact, sharing a common property boundary, or separated only by a stream or the right-of-way of a road or highway. (e) “Department” means the Department of the Environment. (f) “Land” means the surface of the land upon which surface mining is conducted. (g) “Landowner” means a person who possesses legal title to the land. (h) “Licensee” means a person who is authorized by the Department to conduct surface mining and reclamation activities under § 15-807 of this subtitle. (i) “Minerals” means any solid material, aggregate, or substance of commercial value, whether consolidated or loose, found in natural deposits on or in the earth, including clay, diatomaceous earth, gravel, marl, metallic ores, sand, shell, soil, and stone. The term does not include coal. (j) “Mining and reclamation plan” means the permittee’s written proposal as required and approved by the Department for the conduct of mining and the reclamation of the affected land. (k) “Neighboring” means in close proximity or in the immediate vicinity, but not in actual contact. (l) “Operation” means the pit located upon a single tract of land or a continuous pit embracing or extending upon two or more contiguous tracts of land. (m) “Overburden” means the strata or material overlying a mineral deposit, or in between mineral deposits in its natural state, and before its removal by surface mining. (n) “Permittee” means a person who holds a valid permit to conduct surface mining and reclamation operations approved by the Department under § 15-810 of this subtitle. (o) “Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (p) “Pit” means the place any minerals are being mined by the surface mining method. (q) “Pre-law surface mine” means a noncoal surface mine which was mined and unreclaimed prior to January 1, 1977. (r) “Reclamation” means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area including ponds. (s) “Refuse” means all waste soil, rock, mineral, scrap, tailings, slimes, and other materials directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. (t) “Spoil pile” means the overburden and reject materials as piled or deposited in surface mining. (u) “Surface mining” means all of the following: (1) The breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals; (2) Any activity or process constituting all or part of a process for the extraction or removal of minerals from their original location; or (3) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities. (v) “Tract” means a single parcel of land or two or more contiguous parcels of land with common ownership. (w) “Unreclaimed” means land which has not been rehabilitated for useful purposes or the protection of natural resources.

Md. Code, Environment § 15-802

(a) The General Assembly finds and declares that: (1) The extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of the State and the nation and that this activity must be balanced against potential health, safety, and environmental effects; (2) All reasonable steps should be taken: (i) To protect these resources from encroachment by other land uses that would make these resources unavailable for future use; and (ii) To balance this activity against other possible land uses, including consideration of uses for surrounding properties; (3) Although it is not practical to extract minerals required by our society without disturbing the surface of the earth and producing waste materials and the very character of certain surface mining operations precludes complete restoration of the land to its original condition, it is possible to conduct mining in a way to minimize its effects on the surrounding environment; (4) Proper reclamation of mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, beauty, and property rights of the citizens of the State; (5) There are certain circumstances in which surface mining is not desirable, as when the operation will have an unduly adverse effect on wildlife or freshwater, estuarine, or marine fisheries; and (6) The conduct of mining and reclamation of mined lands as provided by this subtitle will allow the mining of valuable minerals and provide for the protection of the State’s environment and the subsequent beneficial use of the mined and reclaimed land. (b) This subtitle is an exercise of the police powers of the State for the general welfare of the people of the State, by providing for the protection and conservation of the natural resources of the State and the reclamation of areas of land affected in the surface mining of metallic and nonmetallic minerals other than coal, to aid in the protection of birds and wildlife, to decrease soil erosion, to prevent pollution of rivers, streams, and lakes, to prevent loss or waste of valuable mineral resources, to prevent and eliminate hazards to health and safety, to provide for reclamation of mined areas so as to assure the use of these lands for productive purposes, and generally to provide for the continued use and enjoyment of these lands.

Md. Code, Environment § 15-803

(a) The Department may adopt regulations reasonably necessary for the administration of this subtitle. Regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. (b) In adopting regulations under this subtitle, the Department shall recognize the basic and essential resource utilization aspect of the surface mining industry and the importance of the industry to the economic well-being of the State.

Md. Code, Environment § 15-804

(a) The Department shall review mineral resources plan elements developed by local planning commissions under § 1–411 or § 3–107 of the Land Use Article to determine whether the proposed plan is consistent with the programs and goals of the Department. (b) The Department shall make its determination within 60 days after submission by a local planning commission.

Md. Code, Environment § 15-805

(a) All funds received by the Department from license fees, permit fees, special reclamation fees, the forfeiture of bonds and of cash deposits and securities, and fines collected upon conviction of a permittee or a licensee under §§ 15–807(f) and 15–808(k) of this subtitle shall be deposited to the credit of the State Treasurer in a bank the Treasurer designates, and shall be maintained as a special fund on the books of the Comptroller of the Treasury in an account, to be known as the “Surface Mined Land Reclamation Fund”. This Fund shall be used by the Department for the administration and implementation of this subtitle, including rehabilitating the area of land affected by the operation upon which liability was charged on the bond. (b) For the reclamation of pre–law surface mines, the Department may use funds received from the following sources: (1) A forfeiture in excess of the amount required for reclaiming the area of land affected by the operation on which the liability was charged; (2) A forfeiture relating to land which the Department determines to be physically impossible to reclaim; and (3) Licensing fees, permitting fees, fines, funds received from the special reclamation fees established by § 15–808(i) of this subtitle or any other source. (c) The special reclamation fees and the State match established by § 15–808(i) and (j) of this subtitle shall only be used for the reclamation of pre–law surface mines.

Md. Code, Environment § 15-806

The Department may employ qualified surface mine inspectors and other personnel deemed necessary by the Department to enforce the provisions of this subtitle and any rules and regulations adopted under it. The Department shall establish standards of qualification for surface mine inspectors, particularly as regards the disciplines of mining engineering, civil engineering, water quality, geology, hydrology, agronomy, forestry, biology, health, safety, and any other field deemed necessary for qualification.

Md. Code, Environment § 15-807

(a) Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license. (b) (1) An application for a license shall be in writing and on a form prepared and furnished by the Department. (2) If the application is made by a corporation, partnership, or association, the application shall contain information concerning its officers, directors, and principal owners, as the Department reasonably requires. (c) (1) The application shall be accompanied by a $400 fee. (2) (i) A license renewal fee is $150. (ii) A license shall be renewable annually. (iii) The application for renewal shall be made annually by January 1. (d) The Department may not issue any new surface mining license or renew any existing surface mining license to any person if it finds, after investigation, that the applicant has failed and continues to fail to comply with any of the provisions of this subtitle. (e) A license under this section is not required for the following activities: (1) Those aspects of deep mining that do not have a significant effect on the surface, if the affected land does not exceed 3 acres in area; (2) Operations engaged in processing minerals; (3) Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than surface mining; (4) Removal of overburden and mining of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit, if no minerals are sold, processed for sale, or consumed in the regular operation of business; (5) The handling, processing, or storage of slag and stone on the premises of a manufacturer as a part of any manufacturing process that requires stone as a raw material or produces slag as a by-product; (6) The extraction of minerals by a landowner for the landowner’s own noncommercial use from land owned or leased by the landowner; (7) Mining operations if the affected land does not exceed 1 acre in area; (8) Dredging from submerged public or private lands in the State if this activity is conducted under a license from the State Board of Public Works or by permit from the Department, as provided for in Title 16 of this article; or (9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities, if the work is performed under a bond, a contract, and the specifications of the Department that require reclamation of the area affected in the manner provided by this subtitle. (f) (1) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $10,000. (2) The fine shall be paid to the Surface Mined Land Reclamation Fund.

Md. Code, Environment § 15-808

(a) A licensee may not engage in surface mining within the State except on affected land that is covered by a valid surface mining permit. (b) The application shall be in writing and on a form prepared and furnished by the Department and shall fully state the information called for. In addition, the applicant may be required to furnish other information the Department reasonably deems necessary in order to enforce this subtitle. (c) A permit may cover more than one tract of land, if the tracts are contiguous and are described in the application. (d) (1) Except as waived by the provisions of paragraph (3) of this subsection, the application shall be accompanied by an agreement, in a form specified by the Department, signed by the applicant and the landowner, if he is a different person from the applicant, stating that: (i) The Department may enter the land, after making a reasonable effort to notify the permittee, the owner, or any subsequent owners, at any reasonable time during the term of the permit and until the performance bond is released, and while on the property, Department personnel shall comply with all government regulations; (ii) If a bond forfeiture is ordered, the Department and its representatives and contractors may enter the land and take actions necessary to carry out reclamation which the operator has failed to complete; and (iii) The agreement shall be recorded in each county where the land is located as §§ 3-102 and 3-103 of the Real Property Article provide at the expense of: 1. The Department for an agreement that is executed on or before July 1, 1985; or 2. The applicant for any agreement that is executed after July 1, 1985. (2) The application shall be accompanied by a mining and reclamation plan and map which meet the requirements of § 15-822 of this subtitle. No permit may be issued until the plan is approved by the Department. (3) The Department may waive the requirements of paragraph (1) of this subsection if a contract between the applicant and the landowner, if he is a different person from the applicant, was entered into before July 1, 1974. (e) Each application for a permit shall be accompanied by a filing fee required by: (1) Subsection (f) of this section for an original permit; (2) § 15-815 of this subtitle for a modification of a permit; (3) § 15-816 of this subtitle for a renewal of a permit; and (4) § 15-819 of this subtitle for a transfer of a permit. (f) (1) The fee for an original permit shall be: (i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year. (2) The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter. (g) The fee shall be paid annually during the term of the permit. (h) (1) If the term of the permit exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (f) of this section for each 5-year portion of the term of the permit. These additional fees shall be paid to the Department within 1 year before the completion of each 5-year portion of the term of the permit. (2) Any permit that was granted on or before June 30, 1985, is not subject to the additional fees required by paragraph (1) of this subsection until the time of modification or renewal of the permit under §§ 15-815 and 15-816 of this subtitle. (i) In addition, before a surface mining permit is issued the applicant shall pay a special reclamation fee of $30 for each acre of land affected. The payment shall be based on the same number of acres as that for which bond is required. (j) The Governor each year shall place an item in the budget to provide for the matching moneys required by this subsection. These matching funds may be provided by the State in the current budget at the time the permit is issued or in the next succeeding State budget. When all pre-law surface mined lands have been reclaimed, this fee shall cease to be collected. (k) (1) Any person who violates the provisions of this section or who knowingly or intentionally has filed false information in the application for a permit, or who has not fully complied with all provisions and requirements of the permit, is guilty of a misdemeanor, and, on conviction, is subject to a fine of: (i) Not more than $25,000; and (ii) An amount sufficient to cover the cost of reclaiming the affected land. (2) The fine and any payment for reclamation shall be paid into the Surface Mined Land Reclamation Fund.

Md. Code, Environment § 15-809

(a) On receipt of an application and accompanying documents, the Department shall review it and make further inquiries, inspections, or examinations as necessary or desirable for proper evaluation. If the Department objects to any part of the application or accompanying documents, it shall notify promptly the applicant by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its objections, setting forth its reasons, and shall afford the applicant a reasonable opportunity to make amendments or take actions required to remove the objections. The Department shall submit a copy of the application and accompanying documents to the Department of Planning for review with respect to matters that are the responsibility of the Department of Planning. (b) Public notice and informational hearings shall be conducted in accordance with the provisions of § 5-204(b) through (e) of this article. (c) The Department may waive the notice requirements of this section and the holding of a public informational hearing on an application for a permit that affects an area that is 5 acres or less in size or a permit modification that affects an area that is 20 acres or less in size.

Md. Code, Environment § 15-810

(a) The Department shall approve and grant or deny the permit requested as expeditiously as possible, but not later than 30 days after the application forms or any supplemental information required are filed with the Department. The Department shall process the permit application concurrently with any local or county land use and zoning reviews. (b) The Department may deny the permit on finding that: (1) Any requirement of this subtitle or any rule or regulation adopted under it will be violated by the proposed operation; (2) The operation will have an unduly adverse effect on wildlife or fresh water, estuarine, or marine fisheries; (3) The applicant has failed to provide applicable permits or approvals covering the operation from all State and local regulatory agencies responsible for air and water pollution and sediment control; (4) The operation will constitute a substantial physical hazard to a neighboring dwelling house, school, church, hospital, commercial or industrial building, public road, or other public or private property in existence at the time of application for the permit; (5) The operation will have a significantly adverse effect on the uses of a publicly owned park, forest, or recreation area in existence at the time of application for the permit; (6) The applicant does not possess a valid surface mining license from the State; (7) The applicant has not corrected all violations which he may have committed under any prior permit and which resulted in: (i) Revocation of his permit; (ii) Termination of the operation by order of the Department; (iii) Forfeiture of part or all of his bond or other security; (iv) Conviction of a misdemeanor under §§ 15–807(f) and 15–808(k) of this subtitle; or (v) Any other court order issued against the applicant as a result of departmental action; or (8) Previous experience with similar operations indicates a substantial probability that the operation will result in substantial deposits of sediment in stream beds or lakes, landslides, or other water pollution. (c) The Department may not issue the permit until the appropriate county has: (1) Completed its review of the proposed land use; and (2) Provided the Department with a written statement that states that the proposed land use conforms with all applicable county zoning and land use requirements. (d) In the absence of any of these findings, a permit shall be granted. However, no permit becomes effective until the applicant has deposited with the Department an acceptable performance bond or other security pursuant to § 15–823 of this subtitle. (e) Public notice, informational hearings, and judicial review shall be conducted in accordance with the provisions of § 5–204 of this article.

Md. Code, Environment § 15-811

(a) Any permit issued shall be expressly conditioned upon compliance with all requirements of the approved mining and reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards deemed necessary by the Department to assure that the operation will comply fully with the requirements and objectives of this subtitle. The conditions may include a requirement of visual screening, vegetative or otherwise, to screen the view of the operation from public highways, public parks, or residential areas existing at the time of the original application, if the Department finds screening to be feasible and desirable. (b) Violation of these conditions shall be treated as a violation of this subtitle subject to the remedies and penalties under § 15-808(k), § 15-821, or § 15-832 of this subtitle.

Md. Code, Environment § 15-812

(a) The General Assembly finds that in certain regions of the State dewatering of surface mines located in karst terrain may significantly interfere with water supply wells and may cause in some instances sudden subsidence of land, known as sinkholes. Dewatering in karst terrain may result in property damage to landowners in a definable zone of dewatering influence around a surface mine. (b) It is the intent of the General Assembly to protect affected property owners in Baltimore, Carroll, Frederick, and Washington counties where karst terrain is found by directing the Department to establish zones of dewatering influence around surface mines in karst terrain and to administer a program requiring permittees to mitigate or compensate affected property owners in these counties.

Md. Code, Environment § 15-813

(a) (1) In this section the following words have the meanings indicated. (2) “Dewater” or “dewatering” means to pump water out of a pit. (3) “Karst terrain” means an irregular topography that is: (i) Caused by a solution of limestone and other carbonate rock; and (ii) Characterized by closed depressions, sinkholes, caverns, solution cavities, and underground channels that, partially or completely, may capture surface streams. (4) “Lineaments” means the surface manifestation of cracks, fissures, fractures, and zones of weakness that, generally, are observable on aerial photographs as straight or nearly straight lines. (b) (1) If a permittee is issued a water appropriation permit under § 5–502 of this article to dewater a pit located in karst terrain in Baltimore, Carroll, Frederick, and Washington counties, the Department shall establish, as a condition of the permittee’s surface mining permit under § 15–810 of this subtitle, a zone of dewatering influence around the surface mine. (2) The areal extent of the zone of dewatering influence shall be based, as appropriate, on local topography, watersheds, aquifer limits, and other hydrogeologic factors, including the occurrence of natural fractures, cracks, crevices, lineaments, igneous dikes, changes in rock type, and variations in the water–bearing characteristics of formations. (3) The Department shall develop and publish on its website for use by the public a searchable map of zones of dewatering influence established by the Department under this subsection. (c) (1) Within the zone of dewatering influence established under subsection (b)(1) of this section, the permittee shall: (i) Replace, at no expense to the owner of real property that is affected by the surface mine dewatering, a water supply that fails as a result of declining ground water levels; (ii) On discovery of a sudden subsidence of the surface of the land, immediately implement appropriate safety measures to protect public health and safety; and (iii) On a determination by the Department of proximate cause after the permittee has received proper notice and an opportunity to respond and provide information, pay monetary compensation to the affected property owner or repair any property damage caused as a result of the sudden subsidence of the surface of the land. (2) A permittee shall permanently replace a water supply under paragraph (1)(i) of this subsection within 45 days of the date on which the permittee knew of the water supply failure. (d) (1) An individual domestic water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well that is capable of meeting the minimum yield requirements established in regulations adopted by the Department of the Environment during the period of pit dewatering. (2) A municipal, industrial, commercial, institutional, or farming water supply within a zone of dewatering influence that is no longer capable of yielding water because of declining water levels shall be considered to be replaced adequately by a permittee if the permittee provides for the affected property owner a new or retrofitted well or other alternative water supply that is capable of yielding water equal to the volume used or needed by the property owner before the disruption of water supply. (e) (1) Real or personal property within the zone of dewatering influence in karst terrain in Baltimore, Carroll, Frederick, and Washington counties found by the Department to have been damaged as a result of sudden land surface subsidence shall be considered to be repaired adequately by a permittee if the permittee returns the damaged property to its condition before the subsidence of the surface of the land. (2) If the damaged real or personal property is not capable of being restored to its pre–subsidence condition, the permittee shall compensate the owner of the real or personal property monetarily by the difference of the fair market value of the property as the property would exist but for the sudden land subsidence, and the fair market value of the property as a result of the damage. (3) Notwithstanding the other provisions of this subsection, the permittee and the property owner may agree on monetary compensation or other mitigation in lieu of restoration. (f) (1) The Department may not require a permittee to replace water supplies, as provided in this section, if the permittee demonstrates to the Department by clear and convincing evidence that the proximate cause of the loss of water supply is not the result of pit dewatering. (2) The permittee may seek reimbursement for the cost of a water supply replacement from the owner of real property that is affected by the surface mine dewatering if after the permittee replaces the water supply it is determined that the permittee’s dewatering activity is not the proximate cause of the water supply failure. (g) (1) The Department shall provide opportunity for a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (2) This subsection may not be construed to stay the requirement to permanently replace a water supply or implement appropriate safety measures in accordance with subsection (c) of this section. (h) The Department shall adopt regulations to establish an administrative process to expedite the resolution of water supply loss or property damage claims arising under this section. (i) Compensation, restoration, or mitigation provided by this section does not apply to: (1) Improvements that are made to real property within an established zone of dewatering influence following a final decision by the Department to issue a surface mining permit; or (2) Improvements that are made to real property following the establishment of a zone of dewatering influence as a condition of an existing surface mine permit.

Md. Code, Environment § 15-814

(a) Except as provided in subsection (b) of this section, a surface mining permit shall be granted for such period as requested and deemed reasonable, but not exceeding 25 years. If the mining operation has been completed and the reclamation required under the approved mining and reclamation plan is completed prior to the expiration of the permit, the permit may terminate. Termination of a permit does not relieve the permittee of any obligations which he has incurred under his approved mining and reclamation plan or otherwise. If the permittee wishes to continue operation of his preparation plant, his permit may remain valid but shall be modified. (b) A permit shall be void if surface mining has not commenced within two years of its issuance.

Md. Code, Environment § 15-815

(a) (1) Any permittee engaged in surface mining under a surface mining permit may apply at any time for modification of the permit. (2) The application shall be in writing on forms furnished by the Department and fully state the information called for. (3) The applicant may be required to furnish additional information that the Department reasonably deems necessary to enforce this subtitle. (4) If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information. (b) (1) A modification under this section may affect: (i) The land area covered by the permit; (ii) The approved mining and reclamation plan coupled with the permit; or (iii) Other terms and conditions of the permit. (2) (i) A permit may be modified to include land contiguous to the existing affected land, but not other lands. (ii) The mining and reclamation plan may be modified in any manner, if the Department determines that the modified plan fully meets the standards set forth in § 15–822 of this subtitle and that the modifications would be generally consistent with the bases for the issuance of the original permit. (iii) Other terms and conditions may be modified only if the Department determines that the permit as modified would meet the requirements of §§ 15–808 and 15–810 of this subtitle. (iv) A modification may not extend the expiration date of any permit issued under this subtitle. (c) Except as otherwise provided in subsection (d) of this section, a $150 fee shall be charged for a permit modification. (d) (1) In addition to the fee required in subsection (c) of this section, a fee shall be charged equal to: (i) $18.50 for each additional acre of affected land over and above the amount of land covered in the original permit for each year of operation, not to exceed $3,000; and (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year. (2) The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter. (e) The Department shall approve and grant the permit modification requested as expeditiously as possible but not later than 30 days after the application forms or any supplemental information required are filed with the Department. (f) The Department may deny the permit modification on finding: (1) An uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle; (2) Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of the modification; or (3) Failure or refusal to pay the modification fee. (g) If the Department denies an application to modify a permit, the Department shall give the permittee written notice of: (1) The Department’s determination; (2) Any changes in the application which would make it acceptable; and (3) The permittee’s right to a hearing at a stated time and place. (h) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.

Md. Code, Environment § 15-816

(a) (1) The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for the initial application for a permit. (2) If an applicant states in writing that information has not changed since the original application, the applicant is not required to resubmit that information. (3) The Department may require an applicant to furnish other information the Department deems necessary to evaluate the renewal request. (4) In the absence of any changes in legal requirements for the issuance of a permit since the date on which the original permit was issued, the only basis for the denial of a renewal permit shall be: (i) An uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle; (ii) Failure to submit an adequate mining and reclamation plan in light of conditions existing at the time of renewal; or (iii) Failure or refusal to pay the renewal fee. (b) Application for a renewal of a permit cannot be made any earlier than 1 year prior to the expiration date of the original permit. (c) (1) Except as otherwise provided in subsection (d) of this section, the fee to be charged for a permit renewal shall be: (i) $18.50 for each acre of affected land for each year of operation, not to exceed $3,000; and (ii) Except as provided in paragraph (2) of this subsection, 0.50 cent per ton of mined material sold per year. (2) The per ton of material sold fee in paragraph (1) of this subsection shall be increased by 0.13 cent per ton in fiscal year 2028 and every 2 fiscal years thereafter. (d) The fee shall be paid annually during the term of the permit. (e) (1) If the term of a permit which is renewed exceeds 5 years, the permittee shall pay additional fees, based on the formula in subsection (c) of this section, for each 5–year portion of the term of the renewed permit. (2) These additional fees shall be paid to the Department within 1 year before the completion of any 5–year portion of the term of the permit. (f) If the Department denies an application to renew a permit, the Department shall give the permittee written notice of: (1) The Department’s determination; (2) Any changes in the application that would make it acceptable; and (3) The permittee’s right to a hearing at a stated time and place. (g) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date.

Md. Code, Environment § 15-817

No modification or renewal of a permit becomes effective until any required changes have been made in the performance bond or other security posted under the provisions of § 15-823 of this subtitle, so as to assure the performance of obligations assumed by the permittee under the permit and the mining and reclamation plan.

Md. Code, Environment § 15-818

In lieu of a modification or renewal, a permittee may apply for a new permit in the manner prescribed by §§ 15-808 and 15-822 of this subtitle.

Md. Code, Environment § 15-819

(a) When the interest of a permittee in any uncompleted mining operation is sold, leased, assigned, or otherwise disposed of, the Department may release the first permittee from all liabilities imposed upon him by this subtitle with reference to the operation and transfer the permit to the successor in interest, if both the permittee and the successor in interest have complied with the requirements of this subtitle and the successor in interest assumes the duties and responsibilities of the first permittee with reference to reclamation of the land according to the authorized mining and reclamation plan and posts suitable bond or other security required by § 15–823 of this subtitle. (b) The successor in interest shall pay a $750 fee on filing a transfer of permit. (c) The Department shall approve and grant the permit transfer as expeditiously as possible but not later than 30 days after the application forms or any supplemental information required are filed with the Department. (d) The Department may deny the permit transfer on finding: (1) That either permittee has an uncorrected violation of the type listed in § 15–810(b)(7) of this subtitle; (2) Failure of the successor permittee to submit an adequate mining and reclamation plan in light of conditions existing at the time of the modification; or (3) Failure of the successor permittee to pay the transfer fee. (e) If the Department denies an application to transfer a permit, the Department shall give the permittee and the successor in interest written notice of: (1) The Department’s determination; (2) Any changes in the application which would make it acceptable; and (3) The right of the permittee and the successor in interest to a hearing at a stated time and place. (f) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the parties mutually agree on another date.

Md. Code, Environment § 15-820

(a) If the Department determines from the inspections of the affected land required by § 15-828 of this subtitle that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the permittee written notice of: (1) The Department’s determination; (2) The Department’s intention to modify the mining and reclamation plan and other terms and conditions of the permit in a stated manner; and (3) The permittee’s right to a hearing on the proposed modification at a stated time and place. (b) The date for the hearing may not be less than 15 days nor more than 30 days after the date of the notice unless the Department and the permittee mutually agree on another date. Following the hearing the Department may modify the mining and reclamation plan and other terms and conditions of the permit, in the manner stated in the notice or in another manner it deems reasonably appropriate in view of the evidence submitted at the hearing. Refusal of the permittee to comply with the conditions set forth in the permit so modified by the Department shall result in the revocation of the permit. (c) No fee may be charged to the permittee for a departmental modification of the permit.

Md. Code, Environment § 15-821

(a) (1) The Department shall serve written notice of a violation on the permittee or person required to have a permit, specifying the facts constituting the apparent violation if the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under this subtitle, or the terms and conditions of a permit, including the approved mining and reclamation plan has occurred. (2) The Department also shall inform the permittee or person required to have a permit of the right to a hearing. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order requiring necessary corrective actions be taken within the time prescribed in its order. (b) Any person that receives a notice of suspension or violation or an order under this section may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. The permittee or person required to have a permit may appear at the hearing, either personally or through counsel, and present evidence. The Department shall render a decision regarding the violation within 30 days from the date of the hearing. (c) The Department may revoke the permit if the violation is not corrected. (d) Any permittee whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until the permittee has complied fully with: (1) The provisions of this subtitle; (2) Any regulations adopted under this subtitle; and (3) The terms and conditions of the permittee’s permit, including any modifications, and the approved mining and reclamation plan, and until the permittee has satisfactorily corrected all previous violations.

Md. Code, Environment § 15-822

(a) The applicant shall submit with his application for a surface mining permit a proposed mining and reclamation plan. The plan shall include at least the following: (1) The purpose for which the land previously was used; (2) The use which is proposed to be made of the land following reclamation; (3) The manner in which the land is to be opened for mining and how the mining activity is to progress across the tract; (4) The location of affected areas; (5) The manner in which topsoil and subsoil are to be conserved and restored and, if conditions do not permit the conservation and restoration of all or part of the topsoil and subsoil, a full explanation of the conditions and alternate procedures proposed; (6) Where backfilling is required, or where the proposed subsequent land use requires fill, the manner in which the compaction of the fill will be accomplished; (7) The manner and type of landscaping and screening of the working areas which are exposed to public view during mining; (8) The proposed practices to protect adjacent surface resources; (9) The specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment; (10) The manner and type of revegetation or other surface treatment of the affected areas; (11) A time schedule that meets the requirements of this section; and (12) Maps and any other supporting documents required by the Department to illustrate the above points. (b) The applicant shall furnish with the mining and reclamation plan, in a reasonable manner satisfactory to the Department, an accurately surveyed topographic map, in duplicate, on a scale of not smaller than one inch equals 200 feet and with a contour interval of spacing appropriate for the area, showing the location of the tract of land to be affected by mining, and representative cross-sections. The surveyed topographic map and cross-sections shall be prepared and certified by a registered professional engineer or registered surveyor and show the boundaries of the proposed affected land, together with the drainage area above and below the area, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, the outcrop line of any mineral deposit to be mined, the location of all buildings within 200 feet of the outer perimeter of the area affected, the names and addresses of the owners and present occupants, the purpose for which each building is used, the name of the owner of the tract where the proposed mining is to occur, and the names of the adjacent landowners, the municipality or district and county and nearest municipality. The topographic map also shall show the locations of test borings or sampling which the operator has conducted or will conduct at the site of the proposed operation. The cross-sections shall include the location of the test borings or sample sites, the nature and depth of the various strata, the thickness of any mineral seam or deposit, an analysis of any mineral deposit or ore, the thickness of the overburden, and an analysis of the overburden. Aerial photographs of the tract of land to be affected by the mining also shall be provided if they are required by the Department. The information resulting from the test borings is confidential information and not a matter of public record. The Department may waive any of the requirements of this subsection if the operator extracts less than 30,000 tons per year or 20,000 cubic yards per year of minerals and the affected area is less than five acres in size. (c) The plan shall include a summary statement covering: (1) The method of compliance with State air and water pollution requirements; (2) The method of prevention, elimination, or minimization of conditions that would be hazardous to animal or fish life in or adjacent to the area; (3) The method of rehabilitation of settling ponds; (4) The method of control of contaminates and disposal of mining refuse; and (5) The method of restoring or establishing stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution. (d) The plan shall provide that reclamation activities, particularly those relating to control of erosion, shall be conducted to the extent feasible simultaneously with mining operations and be initiated at the earliest feasible time after completion or termination of mining on any segment of the permit area. The plan shall provide that reclamation activities be completed promptly and not later than two years after completion of mining on each segment of the area for which a permit is requested unless the Department specifically permits a longer period. (e) The Department may approve, approve subject to stated modifications, or reject the plan which is proposed. The Department shall approve a reclamation plan, as submitted or as modified, if it finds that the plan adequately provides for timely completion of those actions necessary to achieve the purposes and requirements of this subtitle and that, in addition, the plan meets the following minimum standards: (1) The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials shall be at an angle to minimize the possibility of slides and be consistent with the future use of the land; (2) To the extent feasible, the plan shall in all instances reduce safety hazards and provide surface gradients that permit appropriate and reasonably productive use of the land at the completion of the mining; (3) Provisions for safety to persons and to adjoining property shall be provided in all excavations; (4) In open pit mining operations, all overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and suitable for the proposed subsequent use of the land; (5) Suitable drainage ditches or conduits shall be constructed or installed or grading completed to avoid the collection or existence of small pools of water that are, or likely to become, noxious, odious, or foul on the mined area; and (6) The type of vegetative cover and methods of its establishment shall be specified and conform to accepted and recommended agronomic and reforestation practices established by the Department. Advice and technical assistance may be obtained through the State soil and water conservation districts. (f) If conditions do not permit the planting of vegetation on all or part of the affected land, and if these conditions pose an actual or potential threat of soil erosion and siltation, alternative procedures shall be proposed to prevent the threat of soil erosion and siltation. If the procedures do not prevent these conditions, the Department may not approve them. (g) Lakes, ponds, and marsh land shall be considered adequately reclaimed land when approved by the Department.

Md. Code, Environment § 15-823

(a) After receiving notification from the Department that the application for a permit has been approved, but prior to commencing mining, the applicant shall file with the Department a bond for each mining operation, on a form to be prescribed and furnished by the Department, payable to the State and conditioned that the operator will perform faithfully all the requirements of this subtitle. (b) The amount of the bond required shall be for a maximum of $1,250 per acre based on the number of acres of affected land covered by the permit. But, a bond may not be filed for less than $8,000. However, the Department shall determine whether the total bond fee is unreasonable and excessive for a particular tract of land and whether a lesser total amount for the bond is sufficient to cover reclamation. In making this determination, the Department shall consider the size of the operation, the amount of land to be mined, the acreage that is unreclaimed at any one time, the proposed method of regrading and revegetation of the site, the proposed use of the land following reclamation, and any other relevant factors. (c) Liability under the bond shall be for the duration of the mining permit and for a period of 5 years after its expiration, unless previously released in whole or in part, as provided in § 15–824 of this subtitle. (d) The bond shall be executed by the permittee and corporate surety licensed to do business in the State. In lieu of a corporate surety, one of the following shall be acceptable: (1) Deposits of cash or negotiable bonds of the United States government. The cash deposit or market value of the securities shall be equal at least to the required sum of the bond. The Department, on receipt of any deposit of cash or securities, immediately shall forward it to the State Treasurer, who shall receive and hold the bond in the name of the State, in trust, for the purposes for which the deposit is made. The State Treasurer at all times is responsible for the custody and safekeeping of these deposits. The permittee making the deposit may demand and receive from the State Treasurer the whole or any portion of any securities so deposited, on depositing with the State Treasurer other negotiable securities of the classes specified in this section having a market value at least equal to the sum of the bond; (2) A certificate of deposit if it is equivalent to the required bond, issued by a bank physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and accompanied by written agreement of the bank to pay on demand to the State in event of forfeit; or (3) An irrevocable letter of credit if it is equivalent to the required bond, issued by a bank physically located in the State or that otherwise subjects itself to the jurisdiction of the U.S. District Court for the District of Maryland, and expressly states that the total sum is guaranteed to be available, and payable directly to the State on demand for the surface mining and reclamation. (e) A bond or other security filed as above shall contain a provision that it cannot be canceled by the surety, bank, or other issuing entity, except after not less than 90 days written notice to the Department and to the permittee. At least 45 days prior to the cancellation date indicated in the notice, the permittee shall file with the Department a commitment from a surety, bank, or other issuing entity, to provide a substitute bond or other security which will be effective on the cancellation date indicated in the notice.

Md. Code, Environment § 15-824

(a) On completion of the mining operations, and after the requirements of the permit have been fully complied with, the Department shall release the bond. (b) An amount of the bond or cash deposit, proportioned to the restored portion of the affected land in ratio to all of the affected land covered by the permit, may be released on application by the permittee and inspection and approval by the Department.

Md. Code, Environment § 15-825

(a) The performance bond or cash deposit in lieu of a bond shall be forfeited on failure of the permittee to perform in the manner set forth in the authorized mining and reclamation plan and to reclaim the land as provided for in the permit or upon revocation of the permit. The Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of its intention to initiate forfeiture proceedings. The permittee has 30 days to show cause why the bond or cash deposit should not be forfeited. (b) On the permittee’s showing of cause, the Department shall provide for a reasonable time, for the permittee to restore the land to comply with the permit. (c) On failure of the permittee to show cause, the bond or cash deposit shall be forfeited nisi, and notice by the Department shall be given to the permittee and legal owner of the land if different from the permittee and surety of the forfeiture. If a showing of intention to restore in compliance with the permit is not submitted to the Department within 30 days from the forfeiture nisi, the bond or cash deposit shall be forfeited absolute. (d) On an absolute forfeiture, the Department shall use the funds made available by the forfeiture to reclaim the affected land as promptly and completely as possible.

Md. Code, Environment § 15-826

No permittee may conduct surface mining within the State if the permittee previously has forfeited any bond posted pursuant to surface mining activities, unless on application the permittee repays the Department the cost of reclamation if the Department had reclaimed the land, plus interest at the rate set as § 11-107(a) of the Courts and Judicial Proceedings Article provides, for the time elapsed, less the amount of the forfeited bond. If the land is still unreclaimed, the permittee shall reclaim the land covered by the forfeited bond at the permittee’s expense, including any additional erosion, sedimentation, or pollution damage resulting from the lack of proper reclamation during the interim.

Md. Code, Environment § 15-827

(a) The permittee shall file an operations and progress report with the Department by March 31 of each year, on a form prescribed and furnished by the Department, which shall cover the preceding calendar year and shall: (1) Identify the mine, the permittee, and the permit number; (2) Identify the location of the operation as to county, district, nearest municipality, and nearest public road; (3) Report the type of mineral produced, the volume produced, and the value of production of each for the previous year. Individual company data is confidential and may be released only with the permittee’s written consent; (4) State the acreage disturbed by surface mining during the previous year; (5) State and describe the amount and type of reclamation carried out during the previous year; (6) Estimate the acreage to be newly disturbed by mining in the next year; and (7) Provide any additional information or maps which the Department reasonably requires. (b) In addition, at the end of each calendar year the permittee shall furnish to the Department a new surveyed map, showing the status of the operation and indicating the area affected and reclaimed during the preceding year, particularly with relation to the property lines and boundaries shown on the map and survey furnished with the original application. A registered professional engineer or professional surveyor is not required to prepare this progress report map. However, if prepared by the permittee, the map shall be of reasonable quality, accuracy, and legibility, and acceptable to the Department.

Md. Code, Environment § 15-828

(a) At any reasonable time which the Department elects, but at least once a year, the Department shall cause each permit area to be inspected to determine if the permittee has complied with the mining and reclamation plan, the requirements of this subtitle, any rules and regulations adopted under it, the terms and conditions of the permit, and if the current status of the operation conforms with the most recent annual progress report. Accredited representatives of the Department at any reasonable time may enter on the land subject to the permit to inspect and investigate it but while on the property, Department personnel shall comply with all governmental safety regulations. (b) The permittee shall proceed with reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, of any deficiencies noted. The permittee shall proceed with mining and reclamation as scheduled in the approved mining and reclamation plan. Following each inspection, the Department shall notify the permittee of any deficiencies noted. Upon failure by the permittee to correct these deficiencies, the Department may take action to suspend or revoke the permit as provided in § 15-821 of this subtitle. (c) If the Department finds that reclamation of the permit area is not proceeding in accordance with the mining and reclamation plan, or if the Department finds that reclamation has not been properly completed in conformance with the mining and reclamation plan within two years or longer if authorized by the Department, after termination of mining on any segment of the permit area, or if the permittee has not complied with corrective requirements following revocation of a permit, it shall initiate forfeiture proceedings against the bond or other security filed by the permittee.

Md. Code, Environment § 15-829

(a) An operation is considered abandoned if no mineral has been produced or overburden removed for a period of one year, and the permittee has vacated the site of the operation covered by the permit without having complied with all the requirements of the mining and reclamation plan, verified by inspection and written report made by the Department. If the permittee, within 30 days after receiving notification from the Department terming the operation abandoned, does not submit sufficient evidence to the Department that the operation in fact is not abandoned and a reasonable timetable satisfactory to the Department regarding plans for the reactivation of the operation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee. (b) An operation is considered halted if active work has ceased temporarily due to weather conditions, market conditions, or other reasonable cause explained in writing by the permittee to the satisfaction of the Department, and accompanied by a statement that the permittee fully intends to resume active operation when the adverse conditions have passed. All necessary pollution controls shall be properly maintained during this period. No operation may be halted for a period exceeding 24 consecutive months. On failure of the permittee to resume mining or initiate reclamation, the Department shall declare the operation abandoned and initiate legal proceedings against the permittee.

Md. Code, Environment § 15-830

(a) On completion of reclamation of an area of affected land, the permittee immediately shall notify the Department. The Department shall make an inspection of the area, and if it finds that the permittee has not completed to the Department’s reasonable satisfaction all the reclamation required by the permit, the Department shall order the permittee to do so at once and shall reinspect the area following completion of the work. If the Department finds that reclamation has been completed properly and if the Department has received the final reclamation report required under subsection (b) of this section, it shall notify the permittee in writing and release the permittee from further obligations regarding the affected land. At the same time it shall release all or the appropriate portion of any performance bond or cash deposit which the permittee has posted under § 15-823 of this subtitle. (b) The permittee shall furnish a final reclamation report which includes the following: (1) The terms of the original surface mining permit and all subsequent modifications; (2) A summary of the original mining and reclamation plan and all subsequent modifications; (3) A statement summarizing any departures from the mining and reclamation plan and the reasons for them; (4) A statement summarizing any problems encountered during the progress of mining work or reclamation work, and the measures taken to correct these problems; (5) The total acreage of land disturbed and reclaimed; (6) The status or condition of areas progressively reclaimed since the initiation of mining work in the area; and (7) A final map that is consistent with the original mining and reclamation map required by § 15-822(b) of this subtitle.

Md. Code, Environment § 15-831

Architects, engineers, or other persons preparing specifications for construction projects, which specifications include the requirement that the construction contractor supply fill for the project, shall include within the specifications a specific reference to this subtitle and the rules and regulations pertaining to it adopted by the Department. If this reference is omitted from the specifications and reclamation and planting of the land is required under this subtitle, any contract based on the specifications may be amended, at the option of the construction contractor, to allow a reasonable price for the reclamation and planting of the land in accordance with a plan acceptable to the Department.

Md. Code, Environment § 15-832

(a) In addition to the State prosecuting a criminal action under any provision of this subtitle, the Attorney General may bring a civil action in the circuit court of the county or city where the mining operation is located against any person who violates any provision of this subtitle or any regulation, permit, notice, or order issued under this subtitle. The circuit court may find the violator liable to the State for a penalty not exceeding $5,000 for each offense. Each day on which the violation occurs constitutes a separate offense. (b) On application of the Department, verified by oath or affirmation, the circuit court of the county or city where the mining operation is located, may enforce by injunction compliance with, or restrain the violation of any order, notice, permit, rule, or regulation of the Department made pursuant to the provisions of this subtitle or restrain the violation or attempted violation of any of the provisions of this subtitle.

Md. Code, Environment § 15-833

This subtitle, including reclamation requirements, does not apply to surface mining operations or mined lands in existence on the effective date, July 1, 1975, nor to their continuance and extension for 18 months from that date, but subsequent operations of existing surface mines may be continued only by permit of the Department under the provisions of this subtitle.

Md. Code, Environment § 15-834

(a) (1) The provisions of this subtitle do not apply to activities of the State Highway Administration, any county roads department in the State, any legally constituted public governing entities such as municipal corporations, or to activities of any person acting under contract with any of these public agencies or entities, on highway rights-of-way or borrow pits owned, operated, or maintained solely in connection with the construction, repair, and maintenance of the public roads systems of the State or other public facilities. (2) This exemption does not become effective until the public agencies or entities have adopted reclamation standards applying to the activities and the standards are approved by the Department. (b) The provisions of this subtitle do not apply to mining on federal lands when performed under a valid permit from the appropriate federal agency having jurisdiction over the land. (c) Any or all of the provisions of this subtitle do not apply in any county if the Secretary determines that the county laws are as restrictive as the provisions of this subtitle with respect to regulating surface mining, reclamation and revegetation procedures, abandoned areas, and bonding requirements.

Md. Code, Environment § 15-901

The Interstate Mining Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: Article I Findings and Purposes (a) The party states find that: 1. Mining and the contributions thereof to the economy and well–being of every state are of basic significance. 2. The effects of mining on the availability of land, water and other resources for other uses present special problems which properly can be approached only with due consideration for the rights and interests of those engaged in mining, those using or proposing to use these resources for other purposes, and the public. 3. Measures for the reduction of the adverse effects of mining on land, water and other resources may be costly and the devising of means to deal with them are of both public and private concern. 4. Such variables as soil structure and composition, physiography, climatic conditions, and the needs of the public make impracticable the application to all mining areas of a single standard for the conservation, adaptation, or restoration of mined land, or the development of mineral and other natural resources; but justifiable requirements of law and practice relating to the effects of mining on land, water, and other resources may be reduced in equity or effectiveness unless they pertain similarly from state to state for all mining operations similarly situated. 5. The states are in a position and have the responsibility to assure that mining shall be conducted in accordance with sound conservation principles, and with due regard for local conditions. (b) The purposes of this compact are to: 1. Advance the protection and restoration of land, water and other resources affected by mining. 2. Assist in the reduction or elimination or counteracting of pollution or deterioration of land, water and air attributable to mining. 3. Encourage, with due recognition of relevant regional, physical, and other differences, programs in each of the party states which will achieve comparable results in protecting, conserving, and improving the usefulness of natural resources, to the end that the most desirable conduct of mining and related operations may be universally facilitated. 4. Assist the party states in their efforts to facilitate the use of land and other resources affected by mining, so that such use may be consistent with sound land use, public health, and public safety, and to this end to study and recommend, wherever desirable, techniques for the improvement, restoration or protection of such land and other resources. 5. Assist in achieving and maintaining an efficient and productive mining industry and in increasing economic and other benefits attributable to mining. Article II Definitions As used in this compact, the term: (a) “Mining” means the breaking of the surface soil in order to facilitate or accomplish the extraction or removal of minerals, ores, or other solid matter; any activity or process constituting all or part of a process for the extraction or removal of minerals, ores, and other solid matter from its original location; and the preparation, washing, cleaning, or other treatment of minerals, ores, or other solid matter so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on site farming or construction. (b) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. Article III State Programs Each party state agrees that within a reasonable time it will formulate and establish an effective program for the conservation and use of mined land, by the establishment of standards, enactment of laws, or the continuing of the same in force, to accomplish: 1. The protection of the public and the protection of adjoining and other landowners from damage to their lands and the structures and other property thereon resulting from the conduct of mining operations or the abandonment or neglect of land and property formerly used in the conduct of such operations. 2. The conduct of mining and the handling of refuse and other mining wastes in ways that will reduce adverse effects on the economic, residential, recreational or aesthetic value and utility of land and water. 3. The institution and maintenance of suitable programs for adaptation, restoration, and rehabilitation of mined lands. 4. The prevention, abatement and control of water, air and soil pollution resulting from mining, present, past and future. Article IV Powers In addition to any other powers conferred upon the Interstate Mining Commission, established by Article V of this compact, such commission shall have power to: 1. Study mining operations, processes and techniques for the purpose of gaining knowledge concerning the effects of such operations, processes and techniques on land, soil, water, air, plant and animal life, recreation, and patterns of community or regional development or change. 2. Study the conservation, adaptation, improvement and restoration of land and related resources affected by mining. 3. Make recommendations concerning any aspect or aspects of law or practice and governmental administration dealing with matters within the purview of this compact. 4. Gather and disseminate information relating to any of the matters within the purview of this compact. 5. Cooperate with the federal government and any public or private entities having interests in any subject coming within the purview of this compact. 6. Consult, upon the request of a party state and within resources available therefor, with the officials of such state in respect to any problem within the purview of this compact. 7. Study and make recommendations with respect to any practice, process, technique, or course of action that may improve the efficiency of mining or the economic yield from mining operations. 8. Study and make recommendations relating to the safeguarding of access to resources which are or may become the subject of mining operations to the end that the needs of the economy for the products of mining may not be adversely affected by unplanned or inappropriate use of land and other resources containing minerals or otherwise connected with actual or potential mining sites. Article V The Commission (a) There is hereby created an agency of the party states to be known as the “Interstate Mining Commission”, hereinafter called “the commission”. The commission shall be composed of one commissioner from each party state who shall be the governor thereof. Pursuant to the laws of his party state, each governor shall have the assistance of an advisory body (including membership from mining industries, conservation interests, and such other public and private interests as may be appropriate) in considering problems relating to mining and in discharging his responsibilities as the commissioner of his state on the commission. In any instance where a governor is unable to attend a meeting of the commission or perform any other function in connection with the business of the commission, he shall designate an alternate, from among the members of the advisory body required by this paragraph, who shall represent him and act in his place and stead. The designation of an alternate shall be communicated by the governor to the commission in such manner as its bylaws may provide. (b) The commissioners shall be entitled to one vote each on the commission. No action of the commission making a recommendation pursuant to Article IV–3, IV–7, and IV–8 or requesting, accepting or disposing of funds, services, or other property pursuant to this paragraph, Articles V (g), V (h), or VII shall be valid unless taken at a meeting at which a majority of the total number of votes on the commission is cast in favor thereof. All other action shall be by a majority of those present and voting: provided that action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, is present. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein. (c) The commission shall have a seal. (d) The commission shall elect annually, from among its members, a chairman, a vice–chairman, and a treasurer. The commission shall appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission. The executive director, the treasurer, and such other personnel as the commission shall designate shall be bonded. The amount or amounts of such bond or bonds shall be determined by the commission. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director with the approval of the commission, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission’s functions, and shall fix the duties and compensation of such personnel. (f) The commission may establish and maintain independently or in conjunction with a party state, a suitable retirement system for its employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor’s insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as it may deem appropriate. (g) The commission may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation. (h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (g) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed and the identity of the donor or lender. (i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. (j) The commission annually shall make to the governor, legislature and advisory body required by Article V (a) of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been made by the commission. The commission may make such additional reports as it may deem desirable. Article VI Advisory, Technical, and Regional Committees The commission shall establish such advisory, technical, and regional committees as it may deem necessary, membership on which shall include private persons and public officials, and shall cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. Such committees may be formed to consider problems of special interest to any party states, problems dealing with particular commodities or types of mining operations, problems related to reclamation, development, or use of mined land, or any other matters of concern to the commission. Article VII Finance (a) The commission shall submit to the governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof. (b) Each of the commission’s budgets of estimated expenditures shall contain specified recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations requested under any such budget shall be apportioned among the party states as follows: one half in equal shares, and the remainder in proportion to the value of minerals, ores, and other solid matter mined. In determining such values, the commission shall employ such available public source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission’s budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of minerals, ores, and other solid matter mined. (c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article V (h) of this compact: provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article V (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission. (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission. (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission. Article VIII Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any four or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article IX Effect on Other Laws Nothing in this compact shall be construed to limit, repeal or supersede any other law of any party state. Article X Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Md. Code, Environment § 15-902

In accordance with Article V (i) of the compact, the Commission shall file copies of its bylaws and any amendments thereto with the Department of the Environment.

Md. Code, Environment § 15-1001

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, with costs imposed in the discretion of the court. (b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title. (c) In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.

Md. Code, Environment § 15-1101

(a) In this subtitle the following words have the meanings indicated. (b) “Board” means Board of Public Works. (c) “Department” means the Department of the Environment. (d) “Land” means real property, including improvements, rights–of–way, water, riparian or other vested rights, easements, privileges, and any other estate or interest in real property.

Md. Code, Environment § 15-1102

It is the intention of the General Assembly to promote the reclamation of mined areas left without adequate reclamation which continue to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger use of land or water resources, or endanger the health or safety of the public. To accomplish these objectives, the Department is hereby authorized to administer an abandoned mine reclamation program consistent with the requirements of the federal Surface Mining Control and Reclamation Act.

Md. Code, Environment § 15-1103

(a) Except for funds deposited in the Acid Mine Drainage Abatement and Treatment Fund under subsection (b) of this section, any funds the Department receives pursuant to Title IV of the federal Surface Mining Control and Reclamation Act of 1977 shall be deposited, together with any other funds appropriated for the purposes of this subtitle, in a special fund on the books of the Comptroller of the Treasury in an account known as the “Federal–State Reclamation Fund”. The Department shall use the funds to accomplish the purposes of this subtitle in accordance with the provisions of this subtitle. The provisions of this subtitle shall apply only to the “Federal–State Reclamation Fund”. (b) (1) There is an Acid Mine Drainage Abatement and Treatment Fund in the Department. (2) Funds granted to the Department for acid mine drainage abatement and treatment under Title IV of the federal Surface Mining Control and Reclamation Act of 1977, as amended, may be deposited by the Department into the Acid Mine Drainage Abatement and Treatment Fund. (3) Funds deposited into the Acid Mine Drainage Abatement and Treatment Fund, together with all interest earned on those funds, shall remain available until expended and may not revert to the General Fund. (4) The Department may expend funds deposited into the Acid Mine Drainage Abatement and Treatment Fund and any interest accrued only to abate and treat acid mine drainage in accordance with the provisions of Title IV of the federal Surface Mining Control and Reclamation Act.

Md. Code, Environment § 15-1104

(a) The Department is authorized to promulgate and enforce any rules and regulations necessary for the administration of this subtitle. (b) The Department may enter into cooperative projects with other states or governmental bodies in order to carry out the purposes of this subtitle.

Md. Code, Environment § 15-1105

(a) The Department is authorized to develop a reclamation plan in accordance with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, and to submit such plan to the federal government for approval pursuant to that Act. (b) Subsequent to federal approval of the reclamation plan, the Department may apply for and accept any and all funds available for reclamation, and shall administer them in accordance with the provisions of this subtitle. Such funds may be used for all costs related to elimination of the adverse effects of past coal mining practices, including but not limited to, planning and engineering costs, costs of plans, specifications, surveys, investigations and feasibility studies, construction and inspection costs, actual operation and maintenance costs of permanent facilities, and all administrative expenses.

Md. Code, Environment § 15-1106

(a) The expenditure of funds available for the purposes of this subtitle shall reflect the following priorities in the order stated: (1) The protection of public health, safety, general welfare, and property from extreme danger of adverse effects of coal mining practices; (2) The protection of public health, safety, and general welfare from adverse effects of coal mining practices; (3) The restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity; (4) Research and demonstration projects relating to the development of surface mining reclamation and water quality control program methods and techniques; (5) The protection, repair, replacement, construction, or enhancement of public facilities such as utilities, roads, recreation, and conservation facilities adversely affected by coal mining practices; and (6) The development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this article for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. (b) Lands and water eligible for reclamation expenditures under this title are those which were mined for coal, or which were affected by such mining, wastebanks, coal processing, or other coal mining processes and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and lands and water made eligible through amendments to the federal Surface Mining Control and Reclamation Act of 1977 as amended through October 1, 1994, and for which there is no continuing reclamation responsibility under State or federal law.

Md. Code, Environment § 15-1107

(a) (1) The Department may seek an order from the circuit court for the county in which the land or water resources is located authorizing the Department, its agents, employees, or contractors to enter upon the property adversely affected by past coal mining practices and any other property to have access to the affected property and to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects, if the Department makes a finding of fact that: (i) Land or water resources have been adversely affected by past coal mining practices; (ii) The adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (iii) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices: 1. Are not known, or not readily available; or 2. Will not give permission for the Department, its agents, employees, or contractors to enter on the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices. (2) The court shall consider whether the entry is a necessary exercise of the police power for the protection of the public health, safety, and welfare, and the actions of the Department under a court order shall not be construed as an act of condemnation of or trespass on property. The money expended for the work and the benefits accruing to any premises so entered shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. This provision is not intended to create new rights of action or eliminate existing immunities. (b) Within 6 months after completion of a project pursuant to this subtitle, the Department shall itemize the moneys expended by the Department and file a notarized statement prepared by an independent appraiser as to the increase in value of the land attributable to the reclamation project with the clerk of the circuit court for the county in which the affected land lies. The statement shall constitute a lien upon the land for an amount equal to the increase in the value attributable to the project; provided that, no lien shall be filed: (1) If the owner of the surface rights acquired the property prior to May 2, 1977, and neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation project; (2) If the primary purpose of the reclamation project is to benefit the health, safety, and environmental values of the general public; (3) If the cost of filing the lien exceeds the increase in the fair market value of the property as a result of the reclamation project; or (4) If the reclamation project is necessitated by an unforeseen occurrence and the project does not significantly increase the fair market value of the property. (c) The landowner may, within 60 days of the filing of the lien, petition the circuit court to determine the increase in the market value of the land as a result of the reclamation project. (d) The lien provided in this section shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. All funds received by the State pursuant to this section shall be credited to the Federal-State Reclamation Fund.

Md. Code, Environment § 15-1108

(a) The Department is authorized to acquire any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if it is determined that acquisition of such land is necessary to successful reclamation and that: (1) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes or provide open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this subtitle, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (b) The total price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. (c) Title to all lands acquired pursuant to this section shall be in the name of the State. (d) Land acquired pursuant to this section, or land already in State ownership which is determined to be in need of reclamation, may be reclaimed as follows: (1) The Department may proceed to reclaim such land in accordance with this subtitle; (2) The Department may sell such land to the federal government on the condition that it be reclaimed in accordance with Title IV of the federal Surface Mining Control and Reclamation Act of 1977; or (3) If land is deemed to be suitable for industrial, commercial, residential, or recreational development, the Department may sell it by competitive bidding upon condition that its use be consistent with local and State land use plans and that all adverse effects of past coal mining practices have been or will be eliminated. (e) In addition to the authority contained above, the Department may acquire land by purchase, donation or condemnation and reclaim and transfer such land to any local government, person, firm, association, corporation or other entity, if it is determined that such action is an integral and necessary element of an economically feasible plan for a project to construct or rehabilitate housing for persons: (1) Disabled as the result of employment in the mines or work incidental thereto; (2) Displaced by the acquisition of land pursuant to this subtitle; (3) Dislocated as the result of adverse effects of coal mining practices which constitute an emergency situation endangering the public health, safety, or general welfare; or (4) Dislocated as the result of natural disasters or catastrophic failures from any cause. Land transferred pursuant to this subsection need not be at fair market value; provided that no profit shall accrue to any entity due to the difference between fair market value and the price required by the Department. No part of any moneys available under this subtitle may be used to pay actual construction costs of housing. (f) Any and all purchase, sale, or transfer of land pursuant to this subtitle shall be by action of the Board. All funds received by the State from the sale of land shall be credited to the Federal-State Reclamation Fund. (g) In all cases where land is acquired pursuant to this subtitle, the Department shall hold a public hearing in the county in which the land is located, for the purpose and at a time which will ensure that local citizens and governments may participate in the decision concerning the proper use or disposition of the land after restoration.

Md. Code, Environment § 15-1109

The Department shall have the right to enter upon any property where there is no reasonable expectation of privacy for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects. Such entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass.

Md. Code, Environment § 15-1201

(a) In this subtitle the following words have the meanings indicated. (b) “Mineral” includes: (1) Gas; (2) Oil and oil shale; (3) Coal; (4) Gaseous, liquid, and solid hydrocarbons; (5) Cement materials, sand and gravel, road materials, and building stone; (6) Chemical substances; (7) Gemstone, metallic, fissionable, and nonfissionable ores; and (8) Colloidal and other clay, steam, and geothermal resources. (c) “Mineral interest” means an interest in a mineral estate, however created and regardless of form, whether absolute or fractional, divided or undivided, corporeal or incorporeal, including a fee simple or any lesser interest or any kind of royalty, production payment, executive right, nonexecutive right, leasehold, or lien in minerals, regardless of character. (d) “Severed mineral interest” means a mineral interest that is severed from the interest in the surface estate overlying the mineral interest. (e) “Surface estate” means an interest in the estate overlying a mineral interest. (f) (1) “Surface owner” means any person vested with a whole or undivided fee simple interest or other freehold interest in the surface estate. (2) “Surface owner” does not include the owner of a right–of–way, easement, or leasehold on the surface estate. (g) (1) “Unknown or missing owner” means any person vested with a severed mineral interest whose present identity or location cannot be determined: (i) From the records of the county where the severed mineral interest is located; or (ii) By diligent inquiry in the vicinity of the owner’s last known place of residence. (2) “Unknown or missing owner” includes the heirs, successors, or assignees of an unknown or missing owner.

Md. Code, Environment § 15-1202

(a) (1) Except as provided in paragraph (2) of this subsection, this subtitle applies to all mineral interests. (2) This subtitle does not apply to a mineral interest: (i) Held by the United States or a Native American tribe, except to the extent permitted by federal law; or (ii) Held by the State or an agency or political subdivision of the State, except to the extent permitted by State law. (b) The purpose of this subtitle is to make uniform the law governing dormant mineral interests among the states. (c) This subtitle does not limit or affect any other procedure provided by law for clearing an abandoned mineral interest from title to real property. (d) This subtitle does not limit or affect water rights.

Md. Code, Environment § 15-1203

(a) (1) On or after October 1, 2011, a surface owner of real property that is subject to a mineral interest may maintain an action to terminate a dormant mineral interest. (2) A mineral interest is dormant for the purpose of this subtitle if: (i) The mineral interest is unused for a period of 20 or more years preceding the commencement of termination of the mineral interest; and (ii) Notice of the mineral interest was not recorded during the period of 20 or more years preceding the commencement of termination of the mineral interest. (b) (1) The action must be in the nature of and require the same notice as is required in an action to quiet title as set forth in § 14–108 of the Real Property Article. (2) The action may be maintained, whether or not the owner of the severed mineral interest is an unknown or missing owner. (c) (1) Except as provided in paragraph (4) of this subsection, the following actions taken by or under the authority of an owner of a mineral interest in relation to any mineral that is part of the mineral interest shall constitute use of the entire mineral interest owned by that owner: (i) Active mineral operations on or below the surface of the real property or other property utilized or pooled with the real property, including production, geophysical exploration, exploratory or developmental drilling, mining, exploitation, and development of minerals; and (ii) Recordation of an instrument that creates, reserves, or otherwise evidences a claim to, or the continued existence of, the mineral interest, including an instrument that transfers, leases, or divides the interest. (2) Payment of the following taxes by or under the authority of an owner of the taxed mineral interest shall constitute use of the entire mineral interest that is taxed and any other mineral interest that is not taxed but on which the owner owns all or a partial interest: (i) A tax on a separate assessment of a mineral interest in accordance with § 8–229 of the Tax – Property Article; (ii) A transfer tax relating to a mineral that is part of the mineral interest in accordance with § 8–229 of the Tax – Property Article; or (iii) A severance tax relating to a mineral that is part of the mineral interest in accordance with § 8–229 of the Tax – Property Article. (3) A judgment or decree that makes a specific reference to any mineral that is part of the mineral interest recorded by or under the authority of an owner of the mineral interest shall constitute use of the mineral interest specified in the judgment or decree. (4) The injection of substances for the purpose of disposal or storage does not constitute use of a mineral interest. (d) (1) A surface owner of real property that is subject to a mineral interest who brings an action to terminate a dormant mineral interest in accordance with this section shall bring the action in the circuit court of the jurisdiction in which the real property is located. (2) A court order that terminates a mineral interest merges the terminated mineral interest, including express and implied appurtenant surface rights and obligations, with the surface estate in shares proportionate to the ownership of the surface estate, subject to existing liens for taxes or assessments. (3) (i) A court order that terminates a mineral interest shall identify: 1. The mineral interest; 2. Each surface estate into which the mineral interest is merged, including the tax map and parcel number; 3. The name of each surface owner; 4. If known, the name of each person that owned the mineral interest prior to the termination date; and 5. Any information determined by the court as appropriate to describe the effect of the termination and merger of the mineral interest. (ii) The clerk of the court that issued the order shall record the order in the land records. (e) This section shall apply notwithstanding any provision to the contrary in: (1) The instrument that creates, reserves, transfers, leases, divides, or otherwise evidences the claim to, or the continued existence of, the mineral interest; or (2) Another recorded document, unless the instrument or other recorded document provides an earlier termination date.

Md. Code, Environment § 15-1204

(a) (1) An owner of a mineral interest may record, at any time, a notice of intent to preserve the mineral interest or a part of a mineral interest. (2) A mineral interest is preserved in the county in which the notice is recorded. (b) (1) The following individuals may record a notice in accordance with subsection (a) of this section: (i) An owner of the mineral interest; (ii) Another person legally authorized to act on behalf of the owner; or (iii) A co–owner, for the benefit of any or all co–owners. (2) A notice recorded under subsection (a) of this section shall contain: (i) 1. The name of the owner, or co–owners, of the mineral interest; or 2. If the identity of the owner cannot be determined, information that states that the owner cannot be determined; and (ii) An identification of the mineral interest or part of the mineral interest to be preserved, in accordance with subsection (c) of this section. (c) A mineral interest shall be identified by: (1) A reference to the location in the records of the instrument that creates, reserves, or otherwise evidences the interest; (2) The judgment or decree that confirms the mineral interest; (3) A legal description of the mineral interest, if accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims; or (4) A general reference to any or all mineral interests of the owner in any real property situated in the county, if: (i) A previously recorded instrument created, reserved, or otherwise evidenced the mineral interest; or (ii) A judgment or decree confirms the mineral interest.

Md. Code, Environment § 15-1205

(a) In this section, “litigation expenses” means costs and expenses that the court determines are reasonably and necessarily incurred in preparing for and prosecuting an action, including reasonable attorney’s fees. (b) In an action to terminate a mineral interest in accordance with § 15–1203 of this subtitle, the court shall permit the owner of the mineral interest to record a late notice of intent to preserve the mineral interest as a condition of dismissal of the action, if the owner of the mineral interest pays the litigation expenses incurred by the surface owner of the real property that is subject to the mineral interest. (c) This section does not apply in an action in which a mineral interest has been unused in accordance with § 15–1203 of this subtitle for a period of 40 years or more preceding the commencement of the action.

Md. Code, Environment § 15-1206

(a) If the title to a severed mineral interest is vested in an unknown or missing owner, the circuit court of the county where the severed mineral interest is located may on petition, and after notice and a hearing: (1) Place the severed mineral interest in trust by order; (2) Appoint a trustee for the unknown or missing owner; (3) Order the trustee to create a separate trust bank account to manage all trust assets; (4) Authorize the trustee to sell, execute, and deliver a valid lease on the minerals to the owner of the surface estate; and (5) Place conditions on the authorization in item (4) of this subsection. (b) A petition to create a trust for a severed mineral interest and to appoint a trustee under subsection (a) of this section may be filed by a person vested in fee simple with the whole or undivided interest in the surface estate or estates. (c) (1) If the unknown or missing owner of a vested severed mineral interest does not contest a trust created under subsection (a)(1) of this section on or before 5 years after the date that the court issued the order creating the trust, the trustee shall file a petition to terminate the trust and to convey title to the severed mineral interest to the surface owners. (2) The petition in paragraph (1) of this subsection shall: (i) Name as defendants: 1. The surface owners; and 2. Any other person with a legal interest in the severed mineral interest, including any unknown or missing owners; and (ii) Include: 1. A legal description of the severed mineral interest; 2. A description of the putative property interests of each of the parties; 3. The last known address of each of the parties; 4. An affidavit signed by the surface owners, affirming fee simple ownership of the surface estate or estates, and requesting the court to convey title to the severed mineral interest at issue; and 5. An affidavit signed by the trustee, affirming that after conducting a diligent inquiry, including a search in the county where the severed mineral interest is located, performed in accordance with generally accepted standards of title examination of the land records of the county, records of register of wills of the county, and records of the circuit court for the county, the trustee cannot locate the unknown or missing owner. (d) Following a petition by the trustee made under subsection (c) of this section, the court shall, after notice, hold a hearing on the motion and enter an order requiring the trustee to convey the unknown or missing owner’s mineral interest to the named surface owners if: (1) The unknown or missing owner does not appear to contest the petition; and (2) The court finds that the individuals named in the petition as the surface owners are in fact the fee simple owners of the surface estate or estates. (e) If the court orders the conveyance in accordance with subsection (d) of this section, the trustee shall: (1) Convey by recordable instrument the unknown or missing owner’s severed mineral interest to the named surface owners; (2) Pay from any trust account all required taxes, court costs, expenses, and fees, including any fee for services to the trustee authorized by the court; (3) Pay any balance remaining in any trust account after the payments set forth in item (2) of this subsection to the named surface owners; (4) Close any trust account; and (5) Make a final report to the court accounting for the financial transactions of the trust. (f) After the conveyance to the surface owners in accordance with subsection (e) of this section, the surface owners shall be entitled to receive all proceeds from the lease of the mineral interest conveyed. (g) After receiving the final report of the trustee in accordance with subsection (e)(5) of this section, the court shall order the trust terminated and the trustee discharged. (h) (1) A trust created under this section shall be administered by the court as provided by the Maryland Rules. (2) Under this section, procedures for notice to interested persons, the forms of petitions, and the conduct and requirements at a hearing shall be as provided by the Maryland Rules.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026