Md. Code Regs. 26.20.05.05

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

Section 26.20.05.05 - Improvidently Issued Permits - Rescission Procedures

If the Bureau, under Regulation .04C(4) of this chapter, elects to rescind an improvidently issued permit, the Bureau shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding under Regulation .04B of this chapter and states that:

A. After a specified period of time not to exceed 90 days the permit automatically will be suspended, and, not to exceed 90 days after that, will be rescinded, unless within those periods the permittee submits proof and the Bureau finds that:

(1) The finding of the Bureau was erroneous.

(2) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

(3) The violation, penalty, or fee is 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; or

(4) Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and will not continue to be responsible for, the violation, penalty, or fee;

B. After permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Bureau; and

C. The permittee may file an appeal for administrative review of the notice in accordance with COMAR 26.20.06.

Md. Code Regs. 26.20.05.05

Regulations .05 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.