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26.20.33.00.htm 26.20.33.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 20 SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM Chapter 33 Permit Suspension, Revocation, and Bond Forfeiture Authority: Environment Article, §15-503, Annotated Code of Maryland
26.20.33.01.htm 26.20.33.01. 01 General.. A. Any permit issued under the Regulatory Program may be revoked upon a determination by the Bureau that a permittee has persistently or repeatedly failed to comply with the requirements of the Regulatory Program, or has failed to produce coal or remove overburden on the permit site for a period in excess of 6 months.B. If the Director determines that a permittee has persistently or repeatedly failed to comply with any requirements of the Regulatory Program, or tha
26.20.33.02.htm 26.20.33.02. 02 Persistent Failure to Comply.. A. The Director may determine that a permittee has persistently failed to comply with the requirements of the Regulatory Program if, on two or more occasions within a 12-month period, a permittee has failed to meet the requirements of a:1) Notice of violation within the time limit set forth in the NOVO;. 2) Cessation order within the time limit set forth in the order.. B. In making a determination under §A of this regulation, the Director may
26.20.33.03.htm 26.20.33.03. 03 Repeated Failure to Comply.. A. The Director may review the history of violations of a permittee who, within a 12-month period, has been issued on:1) Two or more occasions violation of the same or related requirements of the Regulatory Program;. 2) Three or more occasions for violations of different requirements of the Regulatory Program.. B. The Director shall review the history of violations of a permittee who, within a 12-month period, has been issued on three
26.20.33.04.htm 26.20.33.04. 04 Show Cause Order and Hearing.. A. If, after a review of the history of any permit, the Director determines that a persistent or repeated failure to comply under Regulation .02 or .03 of this chapter exists or has existed, or that the permittee has not produced coal or removed overburden on the permit site for more than 6 months, the Director shall issue a show cause order as required by Regulation .01B of this chapter.B. The Director may decline to issue a show cause
26.20.33.05.htm 26.20.33.05. 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
26.20.33.06.htm 26.20.33.06. 06 Revocation and Forfeiture.. A. If the right of appeal is not exercised within the appeal deadline, or if the final decision upon appeal is to revoke the permit and forfeit the bond, the Director shall, in writing, and by certified mail, notify the former permittee and the surety, if applicable, that all bonds are forfeited and shall make claim for payment. The notice and claim shall advise that payment may be avoided if the former permittee or another person with a financia
26.20.33.07.htm 26.20.33.07. 07 Service of Show Cause Orders and Notices.. A. Show cause orders and any notices required by this chapter shall be served on the permittee at the address shown on the permit, or on the operator's license.B. Service shall be made by sending a copy of the order or notice by certified mail. Service shall be complete upon mailing and may not be deemed incomplete because of refusal to accept.
26.20.33.9999.htm 26.20.33.9999. Administrative History Effective date:. Regulations .01―07 were previously codified as COMAR 08.13.09.42A―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. ―Chapter recodified from COMAR 08.20.33 to COMAR 26.20.33, June 1996.
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