Md. Code Regs. 26.20.11.07

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

Section 26.20.11.07 - Petition Processing Procedures

A. Within 30 days of receipt of a petition, the Bureau shall notify the petitioner by certified mail as to whether the petition is complete. For the purpose of this regulation, "complete" means that all of the information required under Regulation .03A or B of this chapter has been provided.

B. If the Bureau determines that the petition is incomplete or frivolous, or that the petitioner does not have an interest which is or may be adversely affected, the Bureau shall return the petition to the petitioner together with a written statement of the reasons for the determination and the categories of information needed to complete the petition.

C. The Bureau shall determine whether any identified coal deposits exist in the area covered by the petition, without requiring any showing from the petitioner. If the Bureau finds that there are not any identified coal deposits in that area, the Bureau shall return the petition to the petitioner with a statement of the findings.

D. The Bureau may reject petitions for designations or terminations of designations which are frivolous. A frivolous petition is one in which the allegations of harm lack serious merit.

E. When considering a petition for an area which was previously but unsuccessfully proposed for designation, the Bureau shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain the material, the Bureau may not consider the petition and shall return the petition to the petitioner, with a statement of its findings and a reference to the record of the previous designation proceedings where the facts were considered.

F. The Bureau shall notify the person who submits a petition of any application for a permit received which proposes to include any area covered by the petition.

G. Any petitions received on a permit application after the first newspaper notice in the applicant's newspaper advertisement under COMAR 26.20.04.03 a do not prevent the Bureau from issuing a decision on that permit application. The Bureau may return any petition received thereafter to the petitioner with a statement why the Bureau cannot consider the petition.

H. After a petition is received, the Bureau shall notify the general public of the receipt of the petition by advertising in a local newspaper providing broadest circulation in the area covered by the petition in the region of the petitioned area, and in the Maryland Register. The Bureau shall:

(1) Make copies of the petition available to the public; and

(2) Provide copies of the petition to:

(a) Other interested government agencies;

(b) Intervenors;

(c) Persons with an ownership interest of record in the property; and

(d) Other persons known to the Bureau to have an interest in the property.

I. Promptly after the determination that a petition is complete, the Bureau shall request submissions from the general public of relevant information:

(1) By a newspaper advertisement placed once a week for 2 consecutive weeks in the location of the area covered by the petition;

(2) In the newspaper providing broadest circulation in the region of the petitioned area; and

(3) In the Maryland Register.

J. Until 3 days before the Bureau holds a hearing under §L of this regulation, any person may intervene in the proceeding by filing allegations of facts, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address, and telephone number.

K. Beginning immediately after a complete petition is filed, the Bureau shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Bureau. The Bureau shall make the record available for public inspection during all normal business hours at the main office of the Bureau. Copying will be permitted at the Bureau at the normal rate per page. The Bureau shall also maintain information at or near the area in which the petitioned land is located and make this information available to the public for inspection and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.

L. Legislative and Fact-Finding Hearing.

(1) Within 10 months after receipt of a complete petition, the Bureau shall hold a public hearing in the locality of the area covered by the petition, unless all petitioners and intervenors agree that the hearing need not be held. The hearing shall be legislative and fact-finding in nature. The Bureau may subpoena witnesses as necessary. The hearing may be conducted with cross-examination of expert witnesses only. A record of the hearing shall be made and preserved. A person does not bear the burden of proof or persuasion. All relevant parts of the data base and inventory system and all public comments received during the public comment period shall be included in the record and considered by the Bureau in its decision on the petition.

(2) The Bureau shall give notice of the date, time, and location of the hearing to:

(a) Local, State, and federal agencies that may have an interest in the decision on the petition;

(b) The petitioner and the intervenors; and

(c) Any persons with an ownership or other interest known to the Bureau in the area covered by the petition.

(3) Notice of the hearing shall be sent by certified mail and postmarked not less than 30 days before the scheduled date of the hearing.

(4) The Bureau shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition, and once during the week before the scheduled date of the public hearing. The consecutive weekly advertisement shall begin between 4 and 5 weeks before the scheduled date of the public hearing.

(5) The Bureau may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

M. Before designating any land areas as unsuitable for surface coal mining operations, the Bureau shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of this designation on the environment, the economy, and the supply of coal.

N. If all petitioners and intervenors stipulate agreement before the hearing, the petition may be withdrawn from consideration.

Md. Code Regs. 26.20.11.07

Regulations .07 were previously codified as COMAR 08.13.09.11 a A_J, 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.