Md. Code Regs. 26.20.14.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.20.14.01 - Bond Requirements

A. After an application for a new, revised, or renewed permit to conduct surface coal mining and reclamation operations has been approved, but before the permit is issued, the operator shall file a performance bond with the Bureau, as required by Environment Article, § 15-507, Annotated Code of Maryland. The bond covers the entire approved area or an identified increment of land within the approved area upon which the operator shall initiate and conduct surface coal mining and reclamation operations.

B. The bond shall be payable to the State, shall be on forms provided by the Bureau, and shall be conditioned upon the permittee faithfully performing every requirement of Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland, the Regulatory Program, the permit, and the reclamation plan.

C. An operator may not disturb surface acreage or extend any underground shafts, tunnels, or operations before receipt of approval from the Bureau of the performance bonds covering the surface acreage to be affected.

D. Liability on the performance bonds shall cover all surface coal mining and reclamation operations to be conducted within the permit area during the life of the mine. After the amount of the bonds has been determined for the permit area, the operator may either file the entire amount of bond required during the term of the permit, or an incremental bond schedule and the amount of bond required for the first increment in the schedule.

E. When the operator elects to file the amount of the bond in increments, he shall identify the initial and successive incremental areas for bonding on the permit application map submitted under COMAR 26.20.02. Before issuing the permit, the Bureau shall determine the bond amount required for the initial incremental area and the operator shall file the bond on the initial incremental area of the permit. The operator shall file with the Bureau the required bond amount for succeeding increments before initiating surface coal mining and reclamation operations on the increments.

Md. Code Regs. 26.20.14.01

Regulations .01 were previously codified as COMAR 08.13.09.15 a A_M, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .01 amended effective August 15, 1994 (21:16 Md. R. 1382)