Md. Code Regs. 26.20.02.01

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

Section 26.20.02.01 - Scope

A. A person may not conduct surface coal mining and reclamation operations as an operator within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person conducting surface coal mining operations on the effective date of these regulations, that were not regulated under the Interim Regulatory Program, may continue to conduct those operations until 8 months from the effective date of these regulations or until such later date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, if an application for a permit has been made to the Bureau in accordance with the order of the Circuit Court for Allegany County in No. 35343, Equity.

B. Except as provided for in this section, on and after 8 months from the effective date of these regulations or on or after such later date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, a person may not conduct surface coal mining operations unless that person has first obtained a permit issued by the Bureau pursuant to the Regulatory Program and that person complies with the terms and conditions of the permit and the requirements of the Regulatory Program. However, a person conducting surface coal mining operations under a permit issued or amended by the Bureau, in accordance with the requirements of the Interim Regulatory Program, may conduct those operations after 8 months from the date of approval, or after such date as specified in the order of the Circuit Court for Allegany County in No. 35343, Equity, if:

(1) An application for a permit has been made to the Bureau by the date specified in the order of the Circuit Court for Allegany County in No. 35343, Equity;

(2) The Bureau has not yet rendered an initial decision with respect to this application; and

(3) The operations are conducted in compliance with all terms and conditions of the interim permit and the Interim Regulatory Program.

C. The Bureau may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation or increment of it, if the Bureau determines, in writing, that under the regulatory program, all requirements imposed under the applicable regulatory program have been successfully completed or, if a performance bond was required, the Bureau has made a final decision in accordance with this subtitle to fully release the performance bond.

D. Following a termination under §C of this regulation, the Bureau shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referenced in §C of this regulation was based on fraud, collusion, or misrepresentation of a material fact.

Md. Code Regs. 26.20.02.01

Regulations .01 were previously codified as COMAR 08.13.09.02 a A_B and D_S, 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.