Md. Code Regs. 26.20.31.06

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

Section 26.20.31.06 - Notices of Violation

A. The Bureau shall issue a notice of violation, whenever an operation is found to be in violation of the Regulatory Program or any condition of a permit or a prospecting approval, and the violation is not of a nature to require the issuance of a cessation order.

B. A notice of violation shall be in writing, signed by the authorized representative who issues it, and shall set forth:

(1) The nature of the violation;

(2) A description of its location on the surface coal mining and reclamation or prospecting operation; and

(3) An order stating the remedial measures to be accomplished and establishing a reasonable time for abatement, which may include a time for accomplishment of interim steps.

C. The Bureau may extend the time set for abatement or for the accomplishment of an interim step. The total time for abatement, including all extensions, may not exceed 90 days from the date of issuance, except upon request and a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in §D of this regulation. An extended abatement time may not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial measures.

D. Circumstances which may qualify a surface coal mining operation for an abatement period of more than 90 days are when:

(1) The permittee of an ongoing permitted operation has timely applied for and diligently pursued a permit renewal, or other necessary approval of designs or plans, but the permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee;

(2) There is a valid judicial order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which there is no other effective legal remedy;

(3) The permittee cannot abate within 90 days due to a labor strike;

(4) Climatic conditions preclude abatement within 90 days, or if, due to climatic conditions, abatement within 90 days would clearly cause more environmental harm than it would prevent; or

(5) Abatement within 90 days requires action that would violate established mine safety standards under Maryland law or the Mine Safety and Health Act of 1977, or regulations under those statutes.

E. Whenever an abatement time in excess of 90 days is granted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

F. Extension.

(1) If any of the conditions in §D of this regulation exists, the permittee may request the Bureau to grant an abatement period exceeding 90 days.

(2) The Bureau may not grant an extension to the abatement period without the approval of the Director, and the abatement period granted may not exceed the shortest possible time necessary to abate the violation.

(3) The permittee shall have the burden of establishing clear and convincing proof, in writing, that he is entitled to an extension under §D of this regulation.

(4) The Director shall document the reasons for granting or denying the request.

(5) The Director's written decision shall contain the right to appeal in accordance with this chapter.

G. An extension granted under §F of this regulation may not exceed 90 days in length. If the condition or circumstance still exists at the expiration of any extension, the permittee may request a further extension in accordance with this chapter.

H. The Bureau may modify or vacate a notice of violation for good cause.

I. The Bureau shall terminate a notice of violation, in writing, when it determines that all violations listed in the notice of violation have been abated. Termination does not affect the right of the Bureau to assess a civil penalty for the violations.

Md. Code Regs. 26.20.31.06

Regulations .06 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.