Md. Code Regs. 26.20.31.02

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

Section 26.20.31.02 - Inspections

A. The Bureau shall conduct an average of one partial inspection per month of each active surface mining and reclamation operation, and shall conduct as many partial inspections of each inactive surface mining and reclamation operation as necessary to ensure effective enforcement of the Regulatory Program. A partial inspection is an on-site or aerial review for compliance with some of the permit conditions and requirements of the Regulatory Program.

B. The Bureau shall conduct an average of at least one complete inspection per calendar quarter of each active or inactive surface mining and reclamation operation. A complete inspection is an on-site review for compliance with all permit conditions and requirements of the Regulatory Program.

C. Prospecting operations shall be periodically inspected for compliance with all conditions and requirements of the Regulatory Program and the prospecting approval.

D. Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions of each surface mining and reclamation operation inspected.

E. A potential violation observed during an aerial inspection shall be investigated on-site within 3 days, except that any indication of a condition, practice, or violation constituting cause for issuance of a cessation order shall be investigated on-site within 1 day. The on-site investigation of a potential violation observed during an aerial inspection is not considered to be an additional partial or complete inspection.

F. Inspections shall be carried out on an irregular basis and without prior notice. Within 2 weeks of the completion of each inspection, a written report shall be filed at the Bureau containing any findings made, and whether any notice of violation or cessation order was issued as a result of the inspection.

G. For the purposes of this regulation, an inactive surface mining and reclamation operation is one for which:

(1) The Bureau has received from the permittee the written notice provided for under COMAR 26.20.05.03 a F; or

(2) Reclamation Phase II as defined in COMAR 26.20.14.08 a F(2) has been completed.

H. A surface coal mining and reclamation operation is an abandoned site if the Bureau finds in writing that:

(1) All surface and underground coal mining and reclamation activities at the site have ceased;

(2) At least one notice of violation has been issued, and the notice:

(a) Could not be served in accordance with Regulation .08 of this chapter; or

(b) Was served and has progressed to a failure-to-abate cessation order;

(3) Action is being taken to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will not receive future permits while the violations continue at the site;

(4) Action is being taken in accordance with the requirements of the Regulatory Program to ensure that abatement occurs or that the failure-to-abate will not recur, except if after evaluating the circumstances it is concluded that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

(5) Where the site is, or was, permitted and bonded, the permit has either expired or been revoked, and the Bureau has initiated and is diligently pursuing forfeiture of, or has forfeited, any available performance bond.

I. Instead of the inspection frequency required in §§A and B of this regulation, the Bureau shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental considerations present at each specific site. However, the inspection frequency may not be less than one complete inspection per calendar year.

J. The Bureau shall conduct a complete inspection of the abandoned site and provide the public notice required under §K of this regulation in order to select an alternative inspection frequency under §I of this regulation. Following the inspection and public notice, the Bureau shall prepare and maintain for public review a written finding that justifies the selected alternative inspection frequency. The written finding shall justify the new inspection frequency by addressing in detail all of the following criteria:

(1) How the site meets each of the criteria under the definition of abandoned site under §H of this regulation and thereby qualifies for a reduction in inspection frequency;

(2) Whether, and to what extent, there exists on the site impoundments, earthen structures, or other conditions that pose, or may reasonably be expected to become, imminent dangers to the health and safety of the public or significant environmental harms to land, air, or water resources;

(3) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

(4) The degree to which erosion and sediment control is present and functioning;

(5) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools, and other public or commercial buildings and facilities;

(6) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with them; and

(7) Based on a review of the complete and partial inspection report record for the site during at least the last 2 consecutive years, the rate at which adverse environmental or public health and safety conditions are expected to progressively deteriorate.

K. Public Notice.

(1) The Bureau shall place a notice in the newspaper with the broadest circulation in the area of the abandoned site providing the public with a 30-day period to submit written comments concerning the alternative inspection frequency.

(2) The public notice shall contain the:

(a) Permittee's name and permit number;

(b) Precise location of the land affected;

(c) Inspection frequency proposed;

(d) General reasons for reducing the inspection frequency;

(e) Bond status of the permit;

(f) Telephone number and address of the Bureau where written comments may be submitted; and

(g) Closing date of the comment period.

Md. Code Regs. 26.20.31.02

Regulations .02 were previously codified as COMAR 08.13.09.40 a A_K, 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 .02 amended effective July 8, 2002 (29:13 Md. R. 993)