Md. Code Regs. 26.21.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.21.01.02 - Surface Mining License

A. A person may not engage in surface mining within the State without first obtaining a surface mining license.

B. Application Requirements for Initial License.

(1) The application for a license shall be on a form furnished by the Department and shall include all appropriate information required by the Department.

(2) The person making the application shall be as follows:

(a) If a corporation is making application, an authorized agent or employee may complete the application, but an officer of the corporation or an authorized agent shall sign the application form;

(b) If a partnership or association is making application, any authorized partner may complete and sign the application form;

(c) An individual making application shall complete and sign the application form.

(3) The person making application for an initial license shall submit the filing fee prescribed by the Act in the form of cash, check, money order, or any combination, made payable to the Department of the Environment.

(4) All licenses shall expire on December 31 of the year in which they are issued except as provided in §B(5) of this regulation.

(5) A license issued for an application that is received after November 1 of any calendar year and is approved by the Department shall be issued for up to 14 months as appropriate to include the entire following calendar year.

C. Application Requirements for Renewal.

(1) An application for renewal shall be submitted by January 1 and shall be on a form furnished by the Department.

(2) The Department will provide all current licensees with a renewal form on or before November 30.

(3) The licensee shall submit the filing fee prescribed by the Act in the form prescribed by the Act and §B(3) of this regulation.

D. Expired Licenses.

(1) If a licensee fails to apply for a renewal by January 1 of any year, the licensee:

(a) May not continue to mine any minerals or perform any activity pertaining to surface mining, except reclamation, beyond the expiration date of the license; and

(b) Shall apply for an initial surface mining license pursuant to §B of this regulation in order to be reinstated.

(2) If a license is not renewed, for any reason, then all surface mining permits issued to that person shall be suspended or revoked in accordance with Environment Article, § 15-821, Annotated Code of Maryland, and Regulation .05 of this chapter.

E. Review of Application.

(1) Within 10 working days of receipt of an initial or a renewal application, the Department shall review the application to determine whether it contains all information required by B and C of this regulation.

(2) If all necessary information is not included, the Department may return the application with written notification that further information is required.

(3) The Department may deny the license if:

(a) In the judgment of the Department the applicant has failed and continues to fail to comply with the provisions of this chapter and the Act; or

(b) The applicant does not submit a corrected and acceptable application within 30 days after the applicant has received the application that was returned pursuant to §E(2) of this regulation.

F. Approval or Denial of License.

(1) Within 30 days of receipt of a completed application, the Department shall notify the applicant whether the license has been issued or denied.

(2) If the license is issued it shall provide:

(a) Name of the licensee;

(b) License number;

(c) Expiration date;

(d) That the license is not transferable;

(e) That the license shall be displayed publicly; and

(f) That the license may be suspended or revoked for cause.

(3) If the license is denied, the Department shall notify the applicant of the reasons for denial by certified mail.

G. A license is not transferable.

H. A license shall be displayed publicly at the licensee's principal place of business.

Md. Code Regs. 26.21.01.02