2013 Maryland Code
ENVIRONMENT
§ 15-514 - Revocation of permit and forfeiture on bond

§15-514.

(a) (1) If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing.

(2) (i) If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing.

(ii) Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

(3) If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle.

(4) If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits:

(i) All rights and claims to the permit;

(ii) All materials furnished with the application for the permit; and

(iii) Any subsequent amendments to the permit.

(b) (1) If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment.

(2) If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond.

(3) The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.

§ 15-514 - 1. Reissuance of permit to another qualified operator

(a) "Permit" defined. -- In this section, "permit" includes all areas approved in the application for mining.

(b) Authorized. -- A permit that has been revoked under § 15-514(a) of this subtitle may be reinstated for the sole purpose of reissuing all or part of the permit to another qualified operator in accordance with subsection (c) of this section.

(c) Qualifications for reissued permit. -- In order to be qualified to obtain a reissued permit under this section, an operator shall:

(1) Provide to the Director proof of the right to mine as required by § 15-505(g) of this subtitle;

(2) Enter into an agreement with the Department to assume the duties and responsibilities of the permit and to conduct mining operations in accordance with the requirements of this subtitle, regulations issued under this subtitle, and the conditions of the permit;

(3) File with the Department a performance bond as required under § 15-507 of this subtitle; and

(4) Provide to the Director any other information required to reissue the permit in accordance with this subtitle.