Statutes, codes, and regulations
Maryland Administrative code
Title 26 - DEPARTMENT OF ENVIRONMENTPart 4 - SUBTITLES 19-30Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM
Chapter 26.20.14 - Performance Bonds
Section 26.20.14.05 - Duration of Performance Bonds

Md. Code Regs. 26.20.14.05

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Current through Register Vol. 51, No. 12, June 14, 2024
Section 26.20.14.05 - Duration of Performance Bonds
A. Liability under performance bonds applicable to a permit shall continue until all reclamation and restoration work required by the Regulatory Program and the provisions of the permit have been completed, and the permit terminated by the release of the permittee from any further liability.
B. In addition, except on lands eligible for remining, the period of liability for a bond shall continue for a minimum period of not less than 5 years, beginning with the last year of augmented seeding, fertilizing, irrigation, or other work. The period of liability shall begin again when augmented seeding, fertilizing, irrigation, or other work is ordered by the Bureau to correct a failure to maintain the permanent vegetative cover required under COMAR 26.20.29 on the site.
C. On lands eligible for remining included in permits issued before September 30, 2004, or any later date authorized by the federal Surface Mining Control and Reclamation Act, or any renewal thereof, the period of liability for a bond shall continue for a period of not less than 2 full years, beginning with the last year of augmented seeding, fertilizing, irrigation, or other work. The period of liability of not less than 2 full years shall begin again when augmented seeding, fertilizing, irrigation, or other work is ordered by the Bureau to correct a failure to maintain the permanent vegetative cover required under COMAR 26.20.29 on the site.
D. If the Bureau approves a long-term intensive agricultural post-mining land use, the applicable period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.

Md. Code Regs. 26.20.14.05

Regulations .05 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 .05B amended effective August 15, 1994 (21:16 Md. R. 1382)
Regulation .05 amended effective March 22, 1999 (26:6 Md. R. 488)