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Session Laws, 1967
Volume 681, Page 210   View pdf image (33K)
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210                              LAWS OF MARYLAND                       [CH. 144

670.    Forfeiture of Bond or Deposit.

If the operator fails or refuses to comply with the requirements
of the subheading in any respect for which liability has been charged
on the bond, the Director shall declare this bond forfeited, and he
shall certify the case to the Attorney General, who shall proceed
to sue out and collect the amount of liability forfeited thereon; and
if the operator had deposited cash or securities in lieu of bond the
Director shall declare that portion of the deposit forfeited, and he
shall direct the State Treasurer to pay the funds into the Bituminous
Coal Open Pit Mining Reclamation Fund or to proceed to sell the
securities to the extent forfeited and to pay the proceeds thereby
into the Bituminous Coal Open Pit Mining Reclamation Fund.

671.    Penalty for Failure to Obtain Permit.

Any operator who mines coal by the open pit mining method
without having received a permit, as herein provided, or who mines
coal by the open pit mining method without securing an amended
permit, or who mines coal by the open pit mining method without
having furnished the proper bond, as herein provided, or who has
knowingly or intentionally filed false information in the application
for a permit, or who has not fully complied with all the provisions
and requirements of this permit, is guilty of a misdemeanor, and
upon conviction he is subject to a fine of not less than five hundred
dollars ($500.00) or not exceeding five thousand dollars ($5,000.00).
The fines shall be paid into and held by the State Treasurer in the
Bituminous Coal Open Pit Mining Reclamation Fund, provided for
in Section 673 of this subheading and shall be used by the Director
of the Bureau of Mines for the sole purpose of foresting or reclaiming
land affected by open pit mining of bituminous coal.

672.    Prospecting for Coal.

The provisions of this subheading do not apply to any person
engaged in prospecting for coal if no coal is marketed. Any person
or operator failing to backfill prospected area within a reasonable time
in accordance with the regulations of the Bureau of Mines upon
conviction thereof shall be fined not less than two hundred dollars
($200.00) or more than five hundred dollars ($500.00).

673.    Disposition of Funds.

(a) All funds received by the Director from registration LI-
CENSE fees and from the forfeiture of bonds and of cash deposits
and securities shall be held held by the State Treasurer in a special fund,
separate and apart from all other moneys in the State Treasury,
DEPOSITED TO THE CREDIT OF THE STATE TREASURER
IN SUCH BANK OR BANKS AS HE MAY DESIGNATE, AND
SHALL BE MAINTAINED AS A SPECIAL FUND ON THE
BOOKS OF THE COMPTROLLER OF THE TREASURY IN AN
ACCOUNT, to be known as the "Bituminous Coal Open Pit Mining
Reclamation Fund," to be used by the Director of the Bureau of Mines
for backfilling, grading, and planting the area of land affected by the
operation upon which liability was charged on the bond. Any funds
received from a forfeiture in excess of the amount which is required
for backfilling, grading, and planting the area of land affected by the
operation upon which liability was charged, and funds received from
forfeitures relating to land where backfilling, grading and planting is


 

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Session Laws, 1967
Volume 681, Page 210   View pdf image (33K)
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