Md. Code Regs. 26.20.05.03

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

Section 26.20.05.03 - Permit Conditions

Each permit shall contain the following express terms and conditions:

A. The permittee shall conduct all activities under the permit in accordance with the description contained in the application, and only on those lands specifically designated in the permit and which are subject to the performance bond or other equivalent guarantee.

B. The permittee shall allow the authorized representatives of the Bureau and the federal Office of Surface Mining, without advance notice or search warrant, at reasonable times, upon presentation of appropriate credentials, and without delay, to enter and inspect any monitoring equipment or method of exploration or operation, to have access to and copy any records required under the Regulatory Program or the permit, and to be accompanied by private persons for the purpose of conducting an inspection when the inspection is in response to an alleged violation reported by the private person.

C. The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including but not limited to:

(1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of noncompliance;

(2) Immediate implementation of measures necessary to comply; and

(3) Warning, as soon as possible after learning of the noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

D. The permittee shall dispose of solids, sludge, filter backwash, or pollutants removed in the course of treatment or control of waters or emissions to the air in the manner required by the Regulatory Program, and which prevents violation of any other applicable State and federal law.

E. The permittee shall conduct its operations:

(1) In accordance with any measures specified in the permit as necessary to prevent significant, imminent environmental harm to the health or safety of the public; and

(2) Using any methods specified in the permit in the course of approving alternative methods of compliance with the performance standards of the Regulatory Program, in accordance with the provisions of the Regulatory Program.

F. The permittee shall submit a written notice to the Bureau whenever a temporary cessation of mining activities occurs for more than 30 days, or as soon as it is known that a temporary cessation will extend beyond 6 months. This notice shall include a statement of the exact number of acres which will have been affected in the permit area before the temporary cessation; the extent and kind of reclamation of those areas which will have been accomplished; and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities which will continue during the temporary cessation.

G. If operations are permanently terminated, the permittee shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with the permit approved by the Bureau. All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the Bureau as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

H. The permittee shall ensure the right of the Bureau to enter on and inspect, without a warrant or advance notice, any area outside of the permit area where monitoring, record keeping, or other activity related to the permit is taking place.

I. Within 30 days after a cessation order is issued for a violation which creates an imminent danger to the health or safety of the public, or causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, or for failure to abate a violation within the time limits set in the order for operations conducted under the permit, except when a stay of the cessation order is granted and remains in effect, the permittee shall either notify the Bureau in writing that there has been no change since the immediately preceding submittal of this information, or submit to the Bureau, current to the date the cessation order was issued, the following information:

(1) Any new information needed to correct or update the information previously submitted to the Bureau under COMAR 26.20.02.03 a D, including the date of departure from the position, if applicable; or

(2) If not previously submitted, the information required from a permit applicant under COMAR 26.20.02.03 a D.

J. The permittee shall pay all reclamation fees as required by the federal Office of Surface Mining, for coal produced under the permit for sale, transfer, or use.

K. The permittee shall pay all fees and mine reclamation surcharges as required by Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland.

Md. Code Regs. 26.20.05.03

Regulations .03 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.
Regulation .03J, K adopted effective March 14, 1994 (21:5 Md. R. 403)