Md. Code Regs. 26.20.05.04

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

Section 26.20.05.04 - Improvidently Issued Permits - General Procedures

A. If the Bureau has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in §B of this regulation. If the Bureau finds that the permit was improvidently issued, it shall comply with §C of this regulation.

B. The Bureau shall find that a surface coal mining and reclamation permit was improvidently issued if:

(1) Under the violations review criteria of the Regulatory Program at the time the permit was issued, the:

(a) Bureau should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

(b) Permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued;

(2) The violation, penalty, or fee:

(a) Remains unabated or delinquent; and

(b) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and

(3) When the permittee was linked to the violation, penalty, or fee, through ownership or control, under the violations review criteria of the Regulatory Program at the time the permit was issued:

(a) An ownership or control link between the permittee and the person responsible for the violation, penalty, or fee still exists; or

(b) If the link was severed, the permittee continues to be responsible for the violation, penalty, or fee.

C. If the Bureau, under §B of this regulation, finds that a permit was improvidently issued, the Bureau shall use one or more of the following remedial measures:

(1) Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

(3) Suspend the permit until the violation is abated or the penalty or fee is paid; or

(4) Rescind the permit under Regulation .05 of this chapter.

Md. Code Regs. 26.20.05.04

Regulations .04 were previously codified as COMAR 08.13.09.05 a A, B, C, and D_F, 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.