Md. Code Regs. 26.20.01.02

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.01.02 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive, or abandoned surface coal mine and reclamation operation, or from an area affected by surface coal mining and reclamation operations.

(2) "Acid-forming materials" means earth materials which, if exposed to air, water, or weathering processes, form acids that may create acid drainage.

(3) "Adjacent area" means land located outside the permit area where air, surface or ground water, fish, wildlife, vegetation, or other resources may be adversely impacted by surface coal mining and reclamation operations.

(4) "Affected area" means, with respect to surface mining activities, any land or water which is disturbed during the term of the permit. With respect to underground mining activities, "affected area" means any water or surface land upon or in which those activities are conducted or located, and land or water which is located above underground mine workings.

(5) "Agricultural use" means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.

(6) "Applicant" means a person seeking a permit from the Bureau to conduct prospecting or mining and reclamation operations under the Regulatory Program.

(7) "Application" means the documents and other information filed with the Bureau under the Regulatory Program for the issuance of a prospecting or mining permit.

(8) "Approximate original contour" means that surface configuration achieved by backfilling and grading of the affected area that eliminates all highwalls and spoil piles, so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land before mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles, and coal refuse piles eliminated. Permanent water impoundments may be allowed where the Bureau has determined that these impoundments comply with the Regulatory Program.

(9) "Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

(10) "Backfill" means to place spoil material into an excavated area to a predetermined slope.

(11) "Best technology currently available" means equipment, devices, systems, methods, or techniques which will prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but not result in contributions of suspended solids in excess of requirements set by applicable State or federal laws; and which will minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, methods, or techniques which are currently available anywhere as determined by the Bureau, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with the standards of the Regulatory Program. Within the constraints of the Regulatory Program, the Bureau shall have the discretion to determine the best technology currently available on a case-by-case basis.

(12) "Blasting" means detonation of explosives.

(13) "Bureau" means the Maryland Bureau of Mines.

(14) "Coal mine waste" means coal processing waste and underground development waste.

(15) "Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or the cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities including, but not limited to the following:

(a) Loading facilities;

(b) Storage and stockpile facilities;

(c) Sheds;

(d) Shops and other buildings;

(e) Water treatment and storage facilities;

(f) Settling basins and impoundments; and

(g) Coal processing and other waste disposal areas.

(16) "Coal processing wastes" means earth materials which are combustible, physically unstable, or acid-forming or toxic-forming, which are wasted or otherwise separated from product coal, and transported from coal processing plants, after physical or chemical processing, cleaning, or concentrating of coal.

(17) "Collateral bond" means an indemnity agreement in a certain sum payable to the Bureau executed by the permittee and which is supported by the deposit with the Bureau of cash, negotiable bonds of the United States, negotiable certificates of deposit, or an irrevocable letter of credit issued by any bank located in and authorized to transact business in Maryland.

(18) "Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

(19) "Committee" means the Land Reclamation Committee, as established by Environment Article, § 15-204, Annotated Code of Maryland.

(20) "Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

(21) "Complete application" means an application for a prospecting or mining permit which contains all information required under the Regulatory Program.

(22) "Cross drain" means a ditch constructed to carry away excessive drainage from a main collection point.

(23) "Cumulative impact area" means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of anticipated mining on surface and ground water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond releases of:

(a) The proposed operation;

(b) Existing operations;

(c) Operations for which a permit application has been submitted to the Bureau; and

(d) Operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available.

(24) "Cut" means excavation to remove overburden in a single progressive line.

(25) "Director" means the Director of the Maryland Bureau of Mines or his duly authorized representative.

(26) "Disturbed area" means an area from which vegetation, topsoil, or overburden is removed or land occupied by topsoil stockpiles, spoil piles, the open-pit, access or haul roads, haulageways, storage areas, shop areas, processing and shipping areas, drainage or sediment control structures, coal processing wastes, underground development waste, or non-coal waste. The area shall be considered disturbed until reclamation is complete and all performance bonds for the area are released.

(27) "Diversion" means a channel, embankment, or other manmade structure constructed to divert water from one area to another.

(28) "Downslope" means the land surface between the projected outcrop of the lowest coal seam being mined and a valley floor.

(29) "Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads, or railways, or for other similar purposes.

(30) "Ephemeral stream" means a stream which flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and which has a channel bottom that is always above the local water table.

(31) "Excess spoil" means spoil material disposed of in a location other than the mined-out area. In nonsteep slope areas, spoil material used to achieve the approximate original contour by blending the spoil on the mined-out area with the surrounding terrain is not considered excess spoil.

(32) "Existing structure" means a structure or facility used in connection with, or to facilitate, mining and reclamation operations for which construction began before approval of the Regulatory Program.

(33) "Explosive" means any chemical compound, mixture, or device, the primary purpose of which is to function by explosion, that is, with substantially instantaneous release of gas and heat, unless the compound, mixture, or device is otherwise specifically classified by the Interstate Commerce Commission.

(34) "Face of coal" means the exposed vertical cross section of the natural coal seam or deposit being mined and generally forming the base of the highwall left by excavating operations in surface mining.

(35) "Fill bench" means that portion of a bench formed by spoil or overburden which has been deposited over the original slope.

(36) "Fugitive dust" means that particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations, it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed.

(37) "General area" means, with respect to hydrology, the topographic and ground water basin surrounding a permit area which is of sufficient size, including aerial extent and depth, to include one or more watersheds containing perennial streams and ground water zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface and ground water systems in the basins.

(38) "Ground water" means subsurface water that fills available openings in rock or soil materials to the extent that they are considered water saturated.

(39) "Head-of-hollow fill" means a fill structure consisting of any material, other than coal processing waste and organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow measured at the steepest point are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees In fills less than 250,000 cubic yards of material, associated with contour mining, the top surface of the fill will be at the elevation of the coal seam. In all other head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill draining into the fill area.

(40) "Highwall" means the vertical wall consisting of the exposed coal seam and overlying strata during or after excavating operations.

(41) "Historically used for croplands" means:

(a) Lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land, for the purpose of conducting or allowing through resale, lease, or option the conduct of surface coal mining and reclamation operations;

(b) Lands that the Bureau determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or

(c) Lands that would likely have been used as cropland for any 5 out of the last 10 years immediately preceding the acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

(42) "Hydrology" appears in this subtitle under the following terms and meanings:

(a) "Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.

(b) "Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.

(c) "Probable cumulative impact" means the expected total qualitative and quantitative direct and indirect effects of mining and reclamation activities on the hydrologic regime.

(d) "Probable hydrologic consequence" means the projected result of proposed surface coal mining and reclamation operations which may reasonably be expected to change the quantity or quality of the surface and ground water; the surface or ground water flow, timing, and pattern; the stream channel conditions; and the aquatic habitat on the permit area and other affected areas.

(43) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of the Regulatory Program, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.

(44) "Impounding structure" means a dam, embankment, or other structure used to impound water, slurry, or other liquid or semi-liquid material.

(45) "Impoundment" means a closed basin naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment, or waste.

(46) "In situ processes" means activities conducted, on the surface or underground, in connection with in-place distillation retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, and fluid recovery mining.

(47) "Intermittent stream" means:

(a) A stream or reach of a stream that drains a watershed of at least 1 square mile; or

(b) A stream or reach of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

(48) "Irreparable damage to the environment" means any damage to the environment that cannot be corrected by actions of the applicant.

(49) "Lands eligible for remining" means any land that would otherwise be eligible for expenditures under Environment Article, Title 15, Subtitle 11, Annotated Code of Maryland.

(50) "Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur.

(51) "Low wall" means the side of the fill bench facing the highwall.

(51-1) "Material damage", in the context of COMAR 26.20.02.15 a and .16, 26.20.13.07 a, .09, and .10, and 26.20.14.13 a, means:

(a) Any functional impairment of surface lands, features, structures, or facilities;

(b) Any physical change that:

(i) Has a significant adverse impact on the affected land's capability to support current or reasonably foreseeable uses; or

(ii) Causes significant loss in production or income; or

(c) Any significant change in the condition, appearance, or utility of any structure or facility from its presubsidence condition.

(52) "Mining" appears in this subtitle under the following terms and meanings (the terms open-pit, surface, and strip mining are used interchangeably in these regulations):

(a) "Auger mining" means a method of mining coal at a highwall by drilling holes into an exposed coal seam from the highwall and transporting the coal along an auger bit to the surface.

(b) "Deep mining" means removal of the mineral being mined without the disturbance of the surface, as distinguished from surface mining.

(c) "Open-pit mining" means the mining or recovery of coal by removing the material which overlies the coal seam in its natural condition.

(d) "Surface coal mining operations" means:

(i) Activities conducted on the surface of lands in connection with a surface coal mine or surface operations and surface impacts incident to an underground coal mine. These activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open-pit, and area mining, the uses of explosives and blasting, and in situ distillation or retorting, leaching or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, loading of coal at or near the minesite, including extraction of coal from coal refuse piles; and

(ii) Areas upon which these activities occur or where those activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any of these activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailing, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are situated structures, facilities, or other property or material on the surface, resulting from or incident to those activities.

(e) "Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary or incidental to the reclamation of these operations.

(f) "Surface mining activities" means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal by auger mining or by recovery of coal from a deposit that is not in its original geologic location.

(g) "Underground mining activities" means a combination of:

(i) Surface operations incident to underground extraction of coal or in situ processing, such as construction use, maintenance, and reclamation of roads, above-ground repair areas, storage areas, shipping areas, areas upon which are situated support facilities including hoist and ventilating ducts, areas used for the disposal and storage of waste, and areas on which materials incident to underground mining operations are placed; and

(ii) Underground operations such as underground construction, operations and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.

(53) "Moist bulk density" means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105°C.

(54) "Monitoring" means the collection of environmental data by either continuous or periodic sampling methods.

(55) "Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for germination and growth.

(56) "Natural drainway" means any watercourse or channel which carries water to the tributaries and rivers of the watershed. Streams classified as perennial or intermittent streams by the U.S. Geological Survey shall be considered as natural drainways.

(57) "Noxious plants" means species that have been included on the official list of noxious plants for Maryland.

(58) "Open-acre" means the disturbed area, excluding any area which has not been cleared and grubbed and any area which has been satisfactorily backfilled, regraded, topsoiled, seeded, and mulched (or reclaimed to an alternate postmining land use) in accordance with an approved reclamation plan, and which will not be redisturbed.

(59) "Open-acre limit" means the number of acres approved to be bonded as openacres and for which a bond is posted before the issuance of a permit.

(60) "Outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the lower limit of the disturbed land.

(61) "Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

(62) "Owned or controlled" and "owns or controls" means any one or a combination of the relationships specified in §B(62)(a) and (b) of this regulation. These relationships:

(a) Constitute ownership or control:

(i) By being a permittee of a surface coal mining operation,

(ii) Based on instruments of ownership or voting securities, by owning of record in excess of 50 percent of an entity, or

(iii) By having any other relationship which gives one person authority directly or indirectly to determine the manner in which an applicant, an operator, or other entity conducts surface coal mining operations;

(b) Are presumed to constitute ownership or control unless a person can demonstrate that the person subject to the presumption does not have the authority, directly or indirectly, to determine the manner in which the relevant surface coal mining operation is conducted:

(i) By being an officer or director of an entity,

(ii) By being the operator of a surface coal mining operation,

(iii) By having the ability to commit the financial or real property assets or working resources of an entity,

(iv) By being a general partner in a partnership,

(v) Based on the instruments of ownership or the voting securities of a corporate entity, by owning of record 10 through 50 percent of the entity,

(vi) By owning or controlling coal to be mined by another person under a lease, sublease, or other contract and having the right to receive the coal after mining, or

(vii) By owning or controlling coal to be mined by another person under a lease, sublease, or other contract and having authority to determine the manner in which that person or another person conducts a surface coal mining operation.

(63) "Perennial stream" means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground water discharge or surface runoff.

(64) "Performance bond" means a surety bond, collateral bond, or a combination of these, by which a permittee assures faithful performance of all the requirements of the permit and reclamation plan.

(65) "Permanent diversion" means a diversion remaining after surface coal mining and reclamation operations are completed.

(66) "Permanent impoundment" means an impoundment which is approved by the Bureau and, if required, by other State and federal agencies for retention as part of the postmining land use.

(67) "Permit" means a permit issued by the Bureau to conduct prospecting or mining and reclamation operations.

(68) "Permit area" means the area of land and water within the boundaries of the permit which are designated on the permit application maps approved by the Bureau. This area shall include, at a minimum, all areas which are proposed to be affected by the surface coal mining and reclamation operations during the term of the permit.

(69) "Permittee" means a person holding or required to hold a permit to conduct surface coal mining and reclamation operations issued by the Bureau.

(70) "Person" means an individual, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agency, unit, or instrumentality of federal, State, or local government including any publicly owned utility or publicly owned corporation of federal, State, or local government.

(71) "Person having an interest which is or may be adversely affected or person with a valid legal interest" means any person:

(a) Who uses any resource of economic, recreational, esthetic, or environmental value that may be adversely affected by coal prospecting or surface coal mining and reclamation operations or any related action of the Bureau; or

(b) Whose property is or may be adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the Bureau.

(72) "Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in these regulations, precipitation event also includes that quantity of water emanating from snow cover as snowmelt in a limited period of time.

(72-1) "Previously mined area" means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of this subtitle.

(73) "Prime farmland" means those lands which are defined by the Secretary of United States Department of Agriculture in 7 CFR 657 and which have historically been used for cropland.

(74) "Principal shareholder" means any person who is the record or beneficial owner of 10 percent or more of any class of voting stock.

(74-1) "Professional engineer" means an individual licensed by the State Board for Professional Engineers to practice engineering in Maryland.

(75) "Property to be mined" means both the surface and mineral estates on and underneath lands which are within the permit area.

(76) "Prospecting" means the gathering of subsurface geologic, physical, or chemical data by trenching, drilling, geophysical, or other techniques to determine the quantity or quality of the overburden and coal of an area.

(77) "Reclamation" means those actions taken to restore mined land as required by the Regulatory Program to a postmining land use approved by the Bureau.

(78) "Recurrence interval" means the interval of time in which a precipitation event is expected to occur once on the average. For example, the 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.

(79) "Reference area" means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity, and plant species diversity that are produced naturally or by crop production methods approved by the Bureau. Reference areas shall be representative of geology, soil, slope, and vegetation in the permit area.

(80) "Regulatory Program" means the Maryland program for control of mining and reclamation operations, as approved by the Secretary of the U. S. Department of Interior, including all laws, rules, and regulations enacted and adopted that apply to mining and reclamation operations. Interim Regulatory Program means the Maryland Program for control of mining and reclamation operations before approval of the Regulatory Program.

(81) "Renewable resource lands" means aquifers and areas for the recharge of aquifers and other underground waters, areas for agricultural or silvicultural production of food and fiber, and grazing lands.

(81-1) Replacement of Water Supply.

(a) "Replacement of water supply" means, with respect to water supplies contaminated, diminished, or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality.

(b) "Replacement of water supply" includes:

(i) Provision of an equivalent water delivery system; and

(ii) Payment of operation and maintenance cost in excess of customary and reasonable delivery costs for premining water supplies.

(82) "Road" means a surface right-of-way for purposes of travel by land vehicles used in prospecting or surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches, and surface. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in prospecting or surface coal mining and reclamation operations, including use by coal hauling vehicles leading to and from transfer, processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.

(83) "Safety factor" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces as determined by accepted engineering practices.

(84) Sedimentation Pond.

(a) "Sedimentation pond" means an impoundment used as a primary sediment control structure designed, constructed, and maintained in accordance with the Regulatory Program and including but not limited to a barrier, dam, or excavated depression which slows down water runoff to allow sediment to settle out.

(b) "Sedimentation pond" does not include secondary sedimentation control structures such as straw dikes, riprap, check dams, mulches, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment to the extent that these secondary sedimentation structures drain to a sedimentation pond.

(85) "Significant imminent environmental harm to land, air, or water resources" means the following:

(a) An environmental harm is an adverse impact on land, air, or water resources, which resources include but are not limited to plant and animal life;

(b) An environmental harm is imminent if a condition, practice, or violation exists which is causing this harm, or may reasonably be expected to cause this harm at any time before the end of the reasonable abatement time that would be set under a notice of violation issued by the Bureau;

(c) An environmental harm is significant if that harm is appreciable and not immediately reparable.

(86) "Slope" means average inclination of a surface, measured from the horizontal, expressed in percents, degrees, or as the ratio of a given number of units of horizontal distance to a unit of vertical distance (for example, 5:1).

(87) Soil Horizons.

(a) "Soil horizons" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data.

(b) The four master soil horizons are:

(i) "A" horizon-the uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest.

(ii) "E" horizon-the layer commonly near the surface below an "A" horizon and above a "B" horizon. An "E" horizon is most commonly differentiated from an overlying "A" horizon by lighter color and generally has measurably less organic matter than the "A" horizon. An "E" horizon is most commonly differentiated from an underlying "B" horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties.

(iii) "B" horizon-the layer that typically is immediately beneath the "E" horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the "E" or "C" horizons.

(iv) "C" horizon-the deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

(88) "Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets these soils for use.

(89) "Spoil" means overburden that has been removed during surface coal mining operations.

(90) "Stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties such as by providing a protective surface coating.

(91) "Steep slope" means a slope of more than 20 degrees.

(92) "Substantially disturb" means, for purposes of prospecting, to impact significantly upon land, air, or water resources by such activities as blasting, mechanical excavation, drilling or altering coal or water exploratory holes or wells, construction of roads and other access routes, and the placement of structures, excavated earth, or other debris on the surface land.

(93) "Successor in interest" means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.

(94) "Surety bond" means an indemnity agreement in a certain sum payable to the Bureau, executed by the permittee, which is supported by the performance guarantee of a corporation licensed to do business as a surety in the State.

(95) "Suspended solids or nonfilterable residue, expressed as milligrams per liter" means organic or inorganic materials carried by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses ( 40 CFR 136).

(96) "Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the Bureau to remain after reclamation as part of the approved postmining land use.

(97) "Temporary impoundment" means an impoundment used during surface coal mining and reclamation operations, but not approved by the Bureau to remain as part of the approved postmining land use.

(98) "Topsoil" means the "A" horizon and "E" horizon as defined in §B(87) of this regulation.

(99) "Toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected by prospecting or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair biota commonly present in the area that might be exposed to it.

(100) "Toxic-forming materials" means earth materials or wastes which, if acted upon by air, water, weathering, or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

(101) "Transfer, assignment, or sale of rights" means a change in ownership or other effective control over the right to conduct prospecting or mining operations under a permit issued by the Bureau.

(102) "Underground development wastes" means waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of during development and preparation of areas incident to underground mining activities.

(103) "Valley fill" means a fill structure consisting of any material other than coal waste and organic material that is placed in a valley where side slopes of the existing valley measured at the steepest point are greater than 20 degrees or the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.

(104) "Violation notice" means any written notification from a governmental entity of a violation of law, regulation, permit condition, whether by letter, memorandum, legal or administrative pleading, or other written communication.

(105) "Waste" means earth materials, which are combustible, physically unstable, or acid-forming or toxic-forming, wasted or otherwise separated from product coal, and are slurried or otherwise transported from coal-processing facilities or preparation plants after physical or chemical processing, cleaning or concentration of coal.

(106) "Water table" means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.

(107) "Willful violation" means an act or omission which violates the State or federal laws or regulations, or individual permit conditions, committed by a person who intends the result which actually occurs.

Md. Code Regs. 26.20.01.02

Regulations .02 were previously codified as COMAR 08.13.09.01 a A and B, 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 .02B amended effective October 23, 1995 (22:21 Md. R. 1614)
Regulation .02B amended effective March 22, 1999 (26:6 Md. R. 488); February 5, 2001 (28:2 Md. R. 105); July 8, 2002 (29:13 Md. R. 993); March 14, 2005 (32:5 Md. R. 581)
Regulations .02A, B, I, K_M, O, P; amended effective August 15, 1983 (10:16 Md. R. 1451)
Regulations .02A, B, C, I, M, O; amended effective April 3, 1981 (8:7 Md. R. 641)
Regulations .02 amended as an emergency provision effective July 26, 1982 (9:17 Md. R. 1688); emergency status extended to December 20, 1982 (9:23 Md. R. 2253); amended as an emergency provision effective February 25,1983 (10:6 Md. R. 535); emergency status expired June 25, 1983
Regulations .02 amended effective September 28, 1992 (19:19 Md. R. 1704)
Regulations .02Q, R, S adopted effective April 3, 1981 (8:7 Md. R. 641)
Regulations .02S amended effective October 26, 1981 (8:21 Md. R. 1706)
Regulations .02A_C amended as an emergency provision effective January 23, 1981 (8:3 Md. R. 222)
Regulation .02C amended as an emergency provision effective May 1, 1981 (8:10 Md. R. 874)
Regulation .02O amended effective August 26, 1985 (12:17 Md. R. 1702)