Md. Code Regs. 26.20.14.12

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

Section 26.20.14.12 - Bond Forfeiture

A. Bonds may be forfeited if the Bureau finds any of the following:

(1) The permittee has violated any of the terms or conditions of the bond;

(2) The permittee has failed to conduct mining operations in accordance with the conditions of the permit and the Regulatory Program;

(3) The permit for the area under bond has been revoked, unless the operator assumes liability for completion of reclamation work;

(4) The permittee has become insolvent, failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy or for a receiver, or had a receiver appointed by any court;

(5) A creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials, or facilities at the permit area; or

(6) The permittee cannot demonstrate or prove the ability to continue to operate in compliance with the Regulatory Program and the permit.

B. Bond forfeiture shall be in accordance with the procedures contained in COMAR 26.20.33.

C. An operator may not engage in open-pit mining if he has forfeited any prior bond posted under the Regulatory Program. A permit may not be issued to an applicant owned or controlled by someone who has forfeited a bond.

D. In the event the forfeited bond is insufficient to pay for the full cost of reclamation, the permittee shall be liable for remaining costs. The Bureau may:

(1) Complete or authorize completion of reclamation of the permit area; and

(2) Recover from the permittee all costs of reclamation in excess of the amount forfeited.

Md. Code Regs. 26.20.14.12

Regulations .12 were previously codified as COMAR 08.13.09.15 a A_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 .12D adopted effective March 22, 1999 (26:6 Md. R. 488)