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26.20.16.00.htm 26.20.16.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 16 Small Operators Assistance Program Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.16.01.htm 26.20.16.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.2) "Probable cumulative impact" means the expected total qualitative and quantitative direct and indirect effects of mining and reclamation activities on the hydrologic regime.3) "Probable hydrologic consequence" mean the projected result of proposed
26.20.16.02.htm 26.20.16.02. 02 Program Services.. A. For eligible operators who request assistance, to the extent possible with available funds, the Department shall select and pay a qualified laboratory or other qualified entity to provide the following services:1) The determination of the probable hydrologic consequences of the surface mining and reclamation operation in the proposed permit area and adjacent areas, including the engineering and designs necessary for the determination in accordance with COMA
26.20.16.03.htm 26.20.16.03. 03 Eligibility for Assistance.. A. An applicant is eligible for assistance if the applicant:. 1) Intends to apply for a permit;. 2) Establishes that the probable attributed annual production from all locations on which the operator is issued a surface coal mining and reclamation permit does not exceed 300,000 tons;3) Is not restricted in any manner from receiving a permit under the permanent Regulatory Program; and4) Does not organize or reorganize a company solel
26.20.16.04.htm 26.20.16.04. 04 Filing for Assistance.. Each application for assistance under the Small Operators Assistance Program shall contain, at a minimum:A. A statement of intent to file a permit application.. B. The names and addresses of the potential permit applicant, and of the potential operator if different from the applicant.C. A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant. The schedul
26.20.16.05.htm 26.20.16.05. 05 Application Approval and Notice.. A. If the Bureau finds the applicant eligible, and it does not have information readily available which would preclude issuance of a permit to the applicant for mining in the area proposed, it shall:1) Determine the minimum data requirements necessary to meet the requirements of Regulation .06 of this chapter; and2) Select the services of one or more qualified laboratories to perform the required work. A copy of the contract or other ap
26.20.16.06.htm 26.20.16.06. 06 Data Requirements.. A. General. This regulation describes the minimum requirements for the collection of data to meet the objective of the Small Operators Assistance Program. The Bureau shall determine the data collection requirements for each applicant or group of applicants. Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the operator. The data requirements will be based on:1) The extent of hydrolog
26.20.16.07.htm 26.20.16.07. 07 Qualified Laboratories.. A. The Bureau shall establish and maintain at its office a list of qualified laboratories which may be used to provide the required determination or statement under this program.B. Inclusion in the List of Qualified Laboratories.. 1) Persons who desire to be included in the list of qualified laboratories established by the Bureau shall apply to the Bureau and provide the information necessary to establish the required qualifications.
26.20.16.08.htm 26.20.16.08. 08 Applicant Liability.. A. The applicant shall reimburse the Bureau for the cost of the services performed pursuant to this chapter if the applicant:1) Submits false information;. 2) Fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;3) Fails to mine after obtaining a permit;. 4) Is determined by the Bureau to have an actual and attributed annual production of coal exceeding 300,000 tons for all loca
26.20.16.9999.htm 26.20.16.9999. Administrative History Effective date:. Regulations .01―08 were previously codified as COMAR 08.13.09.17A―H, 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. ―Chapter recodified from COMAR 08.20.16 to COMAR 26.20.16, June 1996. Regulation .02A amended effective September 23, 1996 (23:19 Md. R. 1378).
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