Md. Code Regs. 26.20.31.09

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

Section 26.20.31.09 - Informal Review

A. Within 10 days of issuance of any notice of violation or cessation order, an operator may request an enforcement conference at the mine site or the Bureau to review the grounds of the notice or order. The conference shall be informal in nature, and presided over by the Director of the Bureau or the Director's designee. The conference shall be held within 30 days of receipt of request.

B. The purpose of an enforcement conference is to determine whether any question exists regarding the violation cited by the Bureau as underlying the notice or order. The operator should be prepared to discuss the situation at the mine site, and present any evidence indicating that the Bureau should exercise its authority to modify, terminate, or vacate the notice or order.

C. If a notice or order requires cessation of mining, the Bureau shall hold an enforcement conference within 30 days of the issuance of the notice or order. However, the conference need not be held if waived by the operator or if the violation is abated within this time.

D. If a notice or order requires cessation of mining, the Bureau shall notify the operator, in writing, that an enforcement conference will be held within 30 days of the service of the notice or order. The notice shall:

(1) Be delivered to the operator at the time the notice or order is served, or sent by certified mail to the operator not later than 5 days after the notice or order is served;

(2) Inform the operator that the enforcement conference shall be considered to have been waived unless the Bureau is notified that the operator will attend the conference within 30 days after the service of the notice or order; and

(3) Inform the operator that an extension of time for holding the conference shall be considered to have been consented to if the notification under §D(2) of this regulation is received by the Bureau on or after 21 days after the service of the notice or order.

E. The extension of time consented to under §D(3) of this regulation shall equal the number of days elapsed after 21 days after service of the notice or order.

F. The Bureau shall give as much advance notice as is practicable of the time, place, and subject matter of the enforcement conference to the operator and any person who filed a report which led to the notice or order being reviewed.

G. The Bureau shall post notice of the enforcement conference at the office of the Bureau, and publish it, when practicable, in a newspaper of general circulation in the area of the mine.

H. The Bureau shall notify the operator and any person who filed a report which led to the notice or order, in writing, of its decision to affirm, modify, or vacate the notice or order within 5 days from the conclusion of any enforcement conference.

I. The granting or waiver of an enforcement conference does not affect the right of any person to formal review in accordance with this chapter.

J. The person conducting the conference shall determine whether the mine site should be viewed during the conference. In making this determination, the only consideration is whether a view of the mine site will assist in reviewing the appropriateness of the enforcement action or of the required remedial action.

Md. Code Regs. 26.20.31.09

Regulations .09 were previously codified as COMAR 08.13.09.40 a A_K, 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.