Md. Code Regs. 26.20.03.08

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

Section 26.20.03.08 - Coal Preparation Plants and Associated Facilities Not Located within the Permit Area of a Mine

A. Regulations .08 and .09 of this chapter apply to any person who conducts or intends to conduct surface coal mining and reclamation operations using coal preparation plants and associated facilities not otherwise within a permit area of a mine.

B. Any such person shall obtain a permit from the Bureau under the Regulatory Program in accordance with the requirements of this regulation.

C. Any application for a permit for operations covered by this regulation and Regulation .09 of this chapter shall contain in the mining and reclamation plan, specific plans, including descriptions, maps, and cross sections of the construction, operation, maintenance, and removal of the preparation plants and associated facilities.

D. The Bureau will not issue a permit for any operation covered by this regulation, unless it finds, in writing, that, in addition to meeting all other applicable application requirements, the operations will be conducted in compliance with the requirements of COMAR 26.20.24.05 a.

E. A person may not operate a coal preparation plant within the State without first obtaining a permit from the Bureau and any other permits or approvals required by law, except that a person operating a coal preparation plant on the effective date of this regulation who was not previously regulated under the Regulatory Program may continue to conduct that operation until 8 months from the effective date of this regulation if an application for a permit has been made to the Bureau in accordance with §F of this regulation and Regulation .09 of this chapter.

F. Except as provided in this regulation, on and after 8 months from the effective date of this regulation a person may not operate a coal preparation plant unless that person has first obtained a permit issued by the Bureau pursuant to the Regulatory Program, and that person complies with the terms and conditions of the permit and the requirements of the Regulatory Program. However, a person who is operating a coal preparation plant without a permit on the effective date of this regulation may continue to operate that plant after 8 months from the effective date of this regulation, if:

(1) The plant was not regulated under the Regulatory Program before the effective date of this regulation;

(2) A timely application has been made to the Bureau in accordance with the schedules in Regulation .09 of this chapter; and

(3) The Bureau has not rendered a decision to issue or deny the permit.

Md. Code Regs. 26.20.03.08

Regulations .08 were previously codified as COMAR 08.13.09.03 a Introduction and A_I, 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 26.2.01.