Statutes, codes, and regulations
Maryland Administrative code
Title 26 - DEPARTMENT OF ENVIRONMENTPart 4 - SUBTITLES 19-30Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM
Chapter 26.20.33 - Permit Suspension, Revocation, and Bond Forfeiture
Section 26.20.33.02 - Persistent Failure to Comply

Md. Code Regs. 26.20.33.02

Download
PDF
Current through Register Vol. 51, No. 19, September 20, 2024
Section 26.20.33.02 - Persistent Failure to Comply
A. The Director may determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, on two or more occasions within a 12-month period, a permittee has failed to meet the requirements of a:
(1) Notice of violation within the time limit set forth in the NOVO;
(2) Cessation order within the time limit set forth in the order.
B. In making a determination under §A of this regulation, the Director may consider mitigating circumstances, including the severity of departure of a violation from the requirements of the Regulatory Program.
C. The Director shall determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, within a 12-month period, a permittee has failed to meet the requirements of a cessation order issued under COMAR 26.20.31.07 a B within 30 days from the date the cessation order was issued.

Md. Code Regs. 26.20.33.02

Regulations .02 were previously codified as COMAR 08.13.09.42 a A_G, 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.