(a) In this subtitle the following words have the meanings indicated. (b) “Affected land” means the land from which the mineral is removed by surface mining, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the surface mining activities of the permittee, including private ways […]
(a) The General Assembly finds and declares that: (1) The extraction of minerals by mining is a basic and essential activity making an important contribution to the economic well-being of the State and the nation and that this activity must be balanced against potential health, safety, and environmental effects; (2) All reasonable steps should be taken: (i) To protect […]
(a) The Department may adopt regulations reasonably necessary for the administration of this subtitle. Regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. (b) In adopting regulations under this subtitle, the Department shall recognize the basic and essential resource utilization aspect of the surface mining industry and the importance of the industry […]
(a) The Department shall review mineral resources plan elements developed by local planning commissions under § 1–411 or § 3–107 of the Land Use Article to determine whether the proposed plan is consistent with the programs and goals of the Department. (b) The Department shall make its determination within 60 days after submission by a local planning […]
(a) All funds received by the Department from license fees, permit fees, special reclamation fees, the forfeiture of bonds and of cash deposits and securities, and fines collected upon conviction of a permittee or a licensee under §§ 15–807(f) and 15–808(k) of this subtitle shall be deposited to the credit of the State Treasurer in a […]
The Department may employ qualified surface mine inspectors and other personnel deemed necessary by the Department to enforce the provisions of this subtitle and any rules and regulations adopted under it. The Department shall establish standards of qualification for surface mine inspectors, particularly as regards the disciplines of mining engineering, civil engineering, water quality, geology, […]
(a) Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license. (b) An application for a license shall be in writing and on a form prepared and furnished by the Department. If the application is made by a corporation, partnership, or association […]
(a) A licensee may not engage in surface mining within the State except on affected land that is covered by a valid surface mining permit. (b) The application shall be in writing and on a form prepared and furnished by the Department and shall fully state the information called for. In addition, the applicant may be required […]
(a) On receipt of an application and accompanying documents, the Department shall review it and make further inquiries, inspections, or examinations as necessary or desirable for proper evaluation. If the Department objects to any part of the application or accompanying documents, it shall notify promptly the applicant by certified mail, return receipt requested, bearing a postmark […]
(a) The Department shall approve and grant or deny the permit requested as expeditiously as possible, but not later than 30 days after the application forms or any supplemental information required are filed with the Department. The Department shall process the permit application concurrently with any local or county land use and zoning reviews. (b) The Department […]
(a) Any permit issued shall be expressly conditioned upon compliance with all requirements of the approved mining and reclamation plan for the operation and with further reasonable and appropriate requirements and safeguards deemed necessary by the Department to assure that the operation will comply fully with the requirements and objectives of this subtitle. The conditions may […]
(a) The General Assembly finds that in certain regions of the State dewatering of surface mines located in karst terrain may significantly interfere with water supply wells and may cause in some instances sudden subsidence of land, known as sinkholes. Dewatering in karst terrain may result in property damage to landowners in a definable zone of […]
(a) (1) In this section the following words have the meanings indicated. (2) “Dewater” or “dewatering” means to pump water out of a pit. (3) “Karst terrain” means an irregular topography that is: (i) Caused by a solution of limestone and other carbonate rock; and (ii) Characterized by closed depressions, sinkholes, caverns, solution cavities, and underground channels that, partially or completely, […]
(a) Except as provided in subsection (b) of this section, a surface mining permit shall be granted for such period as requested and deemed reasonable, but not exceeding 25 years. If the mining operation has been completed and the reclamation required under the approved mining and reclamation plan is completed prior to the expiration of the […]
(a) Any permittee engaged in surface mining under a surface mining permit may apply at any time for modification of the permit. The application shall be in writing on forms furnished by the Department and fully state the information called for. In addition, the applicant may be required to furnish other information the Department reasonably deems […]
(a) The procedure to be followed and standards to be applied in renewing a permit shall be the same as those for the initial application for a permit, except that it is not necessary to resubmit information which has not changed since the time of the original application, if the applicant so states in writing. However, […]
No modification or renewal of a permit becomes effective until any required changes have been made in the performance bond or other security posted under the provisions of § 15-823 of this subtitle, so as to assure the performance of obligations assumed by the permittee under the permit and the mining and reclamation plan.
In lieu of a modification or renewal, a permittee may apply for a new permit in the manner prescribed by §§ 15-808 and 15-822 of this subtitle.
(a) When the interest of a permittee in any uncompleted mining operation is sold, leased, assigned, or otherwise disposed of, the Department may release the first permittee from all liabilities imposed upon him by this subtitle with reference to the operation and transfer the permit to the successor in interest, if both the permittee and the […]
(a) If the Department determines from the inspections of the affected land required by § 15-828 of this subtitle that the activities under the mining and reclamation plan and other terms and conditions of the permit fail substantially to achieve the purposes and requirements of this subtitle, the Department shall give the permittee written notice of: […]
