Skip to Main Content
<< Back | Return to Main COMAR Search Page

15 records match your request.

FileAbstract
26.20.04.00.htm 26.20.04.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 04 Permit Applications ― Review Procedures Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.04.01.htm 26.20.04.01. 01 Initial Submission of Application.. A person seeking an open-pit mining permit shall simultaneously submit to the Bureau:. A. An original and three complete copies of an application containing all information required by COMAR 26.20.02, and applicable portions of COMAR 26.20.03. The application shall be submitted on forms provided by the Bureau, with any provision considered to be inapplicable being clearly identified as such.B. A copy of an application for the National Pollu
26.20.04.02.htm 26.20.04.02. 02 Initial Review by the Bureau.. A. Within 10 days of receipt of a permit application, the Bureau shall conduct a preliminary review for completeness. If it is determined that necessary information is not included, the Bureau shall return the application, with notification as to its deficiencies, and take no further action regarding the permit request.B. If it is determined immediately that the requested permit cannot be issued, the Bureau shall so notify the applicant in ac
26.20.04.03.htm 26.20.04.03. 03 Applicant's Newspaper Advertisement.. A. Upon receipt of Bureau notification that an application is complete, the applicant shall cause an advertisement to appear, at least once a week for 4 consecutive weeks, in a local newspaper of general circulation in the county where the operation will be located.B. The advertisement shall contain, at a minimum, the following information:. 1) A heading of "Notice of Application for Strip Mine Permit" in boldface type;.
26.20.04.04.htm 26.20.04.04. 04 Application Available to Public.. A. The applicant shall ensure that a complete copy of the application is available to the general public, for inspection and copying, by the date of the first advertisement under Regulation .03 of this chapter. This requirement shall be satisfied by filing a copy at the courthouse of the county where the mining is proposed to occur or, with the concurrence of the Bureau, at another public office more accessible to local rB. The applicant shall fi
26.20.04.05.htm 26.20.04.05. 05 Public Participation.. A. Within 30 days from the last advertisement under Regulation .03 of this chapter, the Bureau shall receive and consider written comments, objections, and requests for a hearing on the application from any party directly notified under this regulation, an officer or head of any federal, State, or local government agency or authority, or any person having an interest which may be adversely affected by issuance of the requB. Upon receipt of any wr
26.20.04.06.htm 26.20.04.06. 06 On-Site Inspection.. A. A person who files a written request for a hearing may include a request to be granted access to the proposed permit area for the purpose of gathering information relevant to the hearing under Regulation .10 of this chapter. The request shall briefly summarize the nature of the information sought, and the expected amount of time required.B. If the Bureau determines that there is a reasonable basis for believing that the requested inspec
26.20.04.07.htm 26.20.04.07. 07 Detailed Review by Bureau.. A. The Bureau shall conduct a detailed review of the application and all other factors relevant to a determination as to whether the requested permit may be issued within the requirements of the Regulatory Program.B. The Bureau shall notify the applicant of any substantial problems regarding the permit request, and provide an opportunity for the applicant to respond to these problems, to supplement the application, or to remedy any def
26.20.04.08.htm 26.20.04.08. 08 Public Hearing.. A. If a request for a public hearing is received under Regulation .05 of this chapter, the Bureau shall schedule a hearing in the locality of the proposed operation.B. The Bureau shall provide notice of the public hearing by:. 1) Notifying the applicant and any person who requested a hearing of the date, time, and location of the hearing; and2) Publishing the date, time, and location of the hearing in a newspaper of general circulation in t
26.20.04.09.htm 26.20.04.09. 09 Repealed..
26.20.04.10.htm 26.20.04.10. 10 Bureau Decision.. A. The Bureau shall complete its review of the application and render a decision to approve or deny the permit application in accordance with the provisions of COMAR 26.20.05.B. Based on available information concerning federal and State failure-to-abate cessation orders, unabated federal and State imminent harm cessation orders, delinquent civil penalties issued under §518 of the federal Surface Mining Control and Reclamation Act of 1977, bond f
26.20.04.11.htm 26.20.04.11. 11 Permit Approval.. A. If the Bureau decides to approve a permit application under this regulation, the Bureau shall notify the applicant, each person who filed written comments or objections to the permit application, and each party to a hearing, in writing, of its approval of the permit application. The notice to the applicant shall also contain:1) Any special conditions which the Bureau has determined to impose on the permit beyond the normal requirements of the Regul
26.20.04.12.htm 26.20.04.12. 12 Permit Denial.. A. If the Bureau decides to deny a permit application under this regulation, the Bureau shall notify the applicant of the denial, in writing and by certified mail. The notice shall set forth:1) A detailed description of the reasons for denial;. 2) A statement that no further processing shall occur;. 3) A statement that the applicant may, within 30 days of the date of the notice, request an adjudicatory hearing on the reasons for denial.B. Within 10 days of its
26.20.04.13.htm 26.20.04.13. 13 Administrative Review.. Within 30 days after the applicant is notified of the decision of the Bureau concerning the application for a permit in accordance with Regulation .11 or .12 of this chapter, the applicant or any person with an interest which is or may be adversely affected may request an adjudicatory hearing on the reasons for the final decision in accordance with COMAR 26.20.06.
26.20.04.9999.htm 26.20.04.9999. Administrative History Effective date:. Regulations .01―07 and .08―13 were previously codified as COMAR 08.13.09.04A―G and H―M, 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 .02 amended effective March 14, 1994 (21:5 Md. R. 403). Regulation .03B amended effective March 14, 1994 (21:5 Md. R. 403).
<< Back | Return to Main COMAR Search Page