Md. Code Regs. 26.20.33.05

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

Section 26.20.33.05 - Suspension

A. If, at any time before a final decision in a permit revocation and bond forfeiture proceeding, the permittee demonstrates that the permittee is making good faith efforts to bring the operation into compliance and submits a schedule acceptable to the Bureau for bringing the operation into complete compliance, the parties may request the hearing officer to order the temporary suspension of the permit, instead of revocation and forfeiture.

B. Suspension of a permit shall be accepted by the permittee in a written agreement in which the permittee stipulates to:

(1) The facts and circumstances which led to the show cause order;

(2) The present conditions at the permit site;

(3) A specific reclamation or compliance schedule;

(4) The submission of periodic reports, or other conditions required by the Bureau, to ensure the operation is brought into compliance;

(5) The payment of any civil penalties assessed against the permittee within 30 days of the execution of the agreement; and

(6) The immediate revocation of the permit and forfeiture of the bonds by the Director, without further adjudication, if the permittee fails to comply with the schedule.

C. Suspensions may be lifted by the Director, in writing, based upon a finding that the operation has been returned to compliance with all requirements of the Regulatory Program. Lifting of suspension will result in reactivation of the permit.

D. If the permittee fails to comply with any reclamation or compliance schedule set forth in a stipulation agreement, the Director shall immediately notify the permittee, in writing, and by certified mail, that the permit is revoked and the bonds or other collateral covering the permit are forfeited.

Md. Code Regs. 26.20.33.05

Regulations .05 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.