Md. Code Regs. 26.20.04.10

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

Section 26.20.04.10 - Bureau Decision

A. The Bureau shall complete its review of the application and render a decision to approve or deny the permit application in accordance with the provisions of COMAR 26.20.05.

B. Based on available information concerning federal and State failure-to-abate cessation orders, unabated federal and State imminent harm cessation orders, delinquent civil penalties issued under § 518 of the federal Surface Mining Control and Reclamation Act of 1977, bond forfeitures, delinquent abandoned mine reclamation fees, and unabated violations of federal and State laws, rules, and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the Bureau may not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant is currently in violation of the federal Surface Mining Control and Reclamation Act of 1977, the Regulatory Program, or any other law, rule, or regulation referred to in this section. In the absence of a failure-to-abate cessation order, the Bureau may presume that a notice of violation issued under the Regulatory Program or under a federal or State program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except when evidence to the contrary is set forth in the application, or when the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties.

C. If a current violation exists under §B of this regulation, the Bureau shall require the applicant or any person who owns or controls the applicant, before issuance of the permit, to submit to the Bureau proof that the:

(1) Current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or

(2) Applicant or any person owned or controlled by either the applicant or any person who owns or controls the applicant, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation.

D. If the initial judicial review affirms the violation, then the applicant shall submit the proof required under §C(1) of this regulation within 30 days of the judicial action.

E. If the Bureau issues any permit on the basis of proof submitted under §C of this regulation, the permit shall be conditionally issued.

F. The Bureau may not issue the permit if it makes a determination that the applicant, anyone who owns or controls the applicant, or the operator specified in the application controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the nature and duration, and with resulting irreparable damage to the environment, to indicate an intent not to comply with the provisions of the federal Surface Mining Control and Reclamation Act of 1977, the Regulatory Program, or any State program for the regulation of surface coal mining and reclamation operations approved by the Secretary of the Interior under the federal Surface Mining Control and Reclamation Act of 1977. The applicant or the operator shall be given an opportunity for an adjudicatory hearing on the determination as provided in COMAR 26.20.06.

G. If the Bureau approves the permit application, it shall proceed in accordance with the provisions of Regulation .11 of this chapter.

H. If the Bureau denies the permit application, it shall proceed in accordance with the provisions of Regulation .12 of this chapter.

Md. Code Regs. 26.20.04.10

Regulations .10 were previously codified as COMAR 08.13.09.04 a A_G and H_M, 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 .10A, G, H amended effective March 14, 1994 (21:5 Md. R. 403)