Md. Code Regs. 26.20.05.02

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.05.02 - Term of Permit

A. A permit shall be issued for a fixed term not to exceed 5 years, unless the applicant shows that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing of equipment and the opening of the operation, and this need is confirmed, in writing, by the applicant's proposed source for the financing.

B. A permit shall terminate if the permittee has not begun the surface coal mining and reclamation covered by the permit within 3 years of the issuance of the permit. The Bureau may grant reasonable extensions of time for commencement of operations, upon receipt of a written statement showing that these extensions of time are necessary, due to litigation which precludes the commencement or threatens substantial economic loss to the permittee or other conditions beyond the control and without the fault or negligence of the permittee. With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time construction of the facility is initiated. Extensions of time granted by the Bureau under this section shall be specifically set forth in the permit and notice of the extension shall be made to the public.

Regulations .02A, B were previously codified as COMAR 08.13.09.05 a A, B, C, and D_F, 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.