Md. Code Regs. 26.20.33.06

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

Section 26.20.33.06 - Revocation and Forfeiture

A. If the right of appeal is not exercised within the appeal deadline, or if the final decision upon appeal is to revoke the permit and forfeit the bond, the Director shall, in writing, and by certified mail, notify the former permittee and the surety, if applicable, that all bonds are forfeited and shall make claim for payment. The notice and claim shall advise that payment may be avoided if the former permittee or another person with a financial interest in the permit begins reclamation activities and continuously reclaims the site in accordance with a compliance schedule which meets the conditions of the Regulatory Program.

B. Completion of reclamation work by a third party, instead of forfeiture, does not entitle that party to receipt of any collateral held by the Bureau. In all instances, the Bureau shall return collateral to the former permit holder in the same manner as if the permit had not been revoked, and may not become involved in private arrangements between the former permit holder and a third party.

C. In all cases, the total bond amount or other collateral held on a permit shall be forfeited, regardless of the actual amount of reclamation work required at the site. The Director shall pay all forfeited bond funds into the Bituminous Coal Open-Pit Mining Reclamation Fund.

Md. Code Regs. 26.20.33.06

Regulations .06 were previously codified as COMAR 08.13.09.42 a A_G, 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.