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26.20.31.00.htm 26.20.31.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 31 Inspection and Enforcement Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.31.01.htm 26.20.31.01. 01 General.. A. Failure to comply with the requirements of the Regulatory Program, or any condition of a permit or prospecting approval, may result in both civil and criminal penalties pursuant to Environment Article, 15-520 and 15-521, Annotated Code of Maryland. Further, an operator may be enjoined by the circuit court in the county where the operation is located to enforce compliance with the Regulatory Program, permit, or prospecting approval. In those ca
26.20.31.02.htm 26.20.31.02. 02 Inspections.. A. The Bureau shall conduct an average of one partial inspection per month of each active surface mining and reclamation operation, and shall conduct as many partial inspections of each inactive surface mining and reclamation operation as necessary to ensure effective enforcement of the Regulatory Program. A partial inspection is an on-site or aerial review for compliance with some of the permit conditions and requirements of the Regulatory Program.
26.20.31.03.htm 26.20.31.03. 03 Right of Entry.. A. The Bureau may enter on and inspect any strip mining and reclamation operation or prospecting operation to determine compliance with the requirements of the Regulatory Program, or condition of a permit or prospecting approval. The entry and inspection may occur at reasonable times and upon presentation of appropriate credentials. A search warrant is not required, except when entry into a building is a necessary aspect B. The Bureau shall be pe
26.20.31.04.htm 26.20.31.04. 04 Availability of Enforcement Records.. A. Unless expressly noted in this regulation, all information related to the enforcement of the Regulatory Program and conditions of permits and prospecting approvals shall be open to inspection by the general public for at least 5 years after expiration of the period during which a surface mining and reclamation operation is active or is covered by any portion of a performance bond required by COMAR 26.20.14.B. Records shall be acces
26.20.31.05.htm 26.20.31.05. 05 Public Participation.. A. Any person may request that the Bureau inspect any strip mining and reclamation operation or prospecting operation by furnishing a signed written statement which shows reason to believe that a violation of the Regulatory Program, permit condition, or prospecting approval is occurring. The statement shall contain the phone number and address where the person can be reached during normal business hours.B. If the Bureau determines that the information s
26.20.31.06.htm 26.20.31.06. 06 Notices of Violation.. A. The Bureau shall issue a notice of violation, whenever an operation is found to be in violation of the Regulatory Program or any condition of a permit or a prospecting approval, and the violation is not of a nature to require the issuance of a cessation order.B. A notice of violation shall be in writing, signed by the authorized representative who issues it, and shall set forth:1) The nature of the violation;. 2) A description of its l
26.20.31.07.htm 26.20.31.07. 07 Cessation Orders.. A. The Bureau shall issue a cessation order whenever it is determined that an operation is not in compliance with the requirements of the Regulatory Program, the permit, or the prospecting approval, and that the noncompliance:1) Involves mining operations being conducted without a permit or license, outside of a permit area, or in excess of an established open acre limit;2) Creates an imminent danger to the health or safety of the public; or.
26.20.31.08.htm 26.20.31.08. 08 Service of Notices and Orders.. In most instances, notices of violation and cessation orders will be issued by a Bureau inspector immediately upon discovery of conditions warranting the action. The inspector will first attempt to serve the operator at the site of the violation. If the operator is not available, the inspector may serve any individual at the site who appears to be an employee or agent of the permit holder or operator. In all cases, service shall be complete upon
26.20.31.09.htm 26.20.31.09. 09 Informal Review.. A. Within 10 days of issuance of any notice of violation or cessation order, an operator may request an enforcement conference at the mine site or the Bureau to review the grounds of the notice or order. The conference shall be informal in nature, and presided over by the Director of the Bureau or the Director's designee. The conference shall be held within 30 days of receipt of request.B. The purpose of an enforcement conference is to determine whether any que
26.20.31.10.htm 26.20.31.10. 10 Formal Review.. A. Within 30 days of issuance of any notice of violation or cessation order, or within 10 days from receipt of the Bureau's decision after an enforcement conference, whichever is later, an operator may request a hearing by the Department to review the notice or order. Formal review may also be requested by any person having an interest which is or may be adversely affected by a notice of violation or cessation order, or by any modification, vacat
26.20.31.11.htm 26.20.31.11. 11 Intervention.. A. Any person, including the Secretary of the United States Department of Interior, may petition for leave to intervene at any stage of an administrative proceeding under this subtitle.B. A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and a showing of why the petitioner's interest is or may be adversely affected.C. Intervention shall be granted if the petitioner:.
26.20.31.9999.htm 26.20.31.9999. Administrative History Effective date:. Regulations .01―11 were previously codified as COMAR 08.13.09.40A―K, 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 08.20.31 to COMAR 26.20.31, June 1996. Regulation .02 amended effective July 8, 2002 (29:13 Md. R. 993).
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