MARVIN MANDEL, Governor                                 999

SIX MONTHS, OR BOTH.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 661 (b) of the Code.
The last sentence is proposed for deletion
in light of section 7-516(c). The only
other changes made are in style.

(E) PENALTIES FOR OPEN-PIT MINING WITHOUT
PERMIT.—ANY OPERATOR WHO MINES COAL BY THE OPEN-PIT
MINING METHOD WITHOUT HAVING RECEIVED A PERMIT, AS
PROVIDED IN THIS SUBTITLE, WHO MINES COAL BY THE
OPEN-PIT MINING METHOD WITHOUT SECURING AN AMENDED
PERMIT, WHO MINES COAL BY THE OPEN-PIT MINING METHOD
WITHOUT FURNISHING THE PROPER BOND REQUIRED BY THIS
SUBTITLE, WHO KNOWINGLY OR INTENTIONALLY INCLUDES
FALSE INFORMATION IN THE APPLICATION FOR A PERMIT, OR
WHO DOES NOT FULLY COMPLY WITH EVERY PROVISION AND
REQUIREMENT OF THE PERMIT, IS GUILTY OF A MISDEMEANOR,
AND UPON CONVICTION, IS SUBJECT TO A FINE OF NOT LESS
THAN $500 NCR MORE THAN $5,000.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 671 of the Code.
See the note following subsection (e). The
only ether changes made are in style.

(C) PENALTY FOR OPEN-PIT OR STRIP MINING ON
STATE LAND WITHOUT A PERMIT.—ANY PERSON WHO MINES
COAL BY THE OPEN-PIT OR STRIP METHOD ON ANY LAND THE
STATE OWNS IN VIOLATION OF §7-505 OF THIS SUBTITLE
WITHOUT A PERMIT THE BUREAU ISSUES IS GUILTY OF A
MISDEMEANOR AND UPON CONVICTION IS SUBJECT TO A FINE
0? NOT LESS THAN $1,000 AND NOT EXCEEDING $10,000 OR
IMPRISONMENT NOT EXCEEDING TWO YEARS, OR BOTH. A
SEPARATE OFFENSE SHALL EXIST FOR EACH DAY A VIOLATION
OCCURS.

IN ADDITION TO ANY FINE IMPOSED, EVERY PERSON
CONVICTED OF VIOLATING §7-505 SHALL PAY THE DIRECTOR A
SUM SUFFICIENT TO RECLAIM THE AREA MINED.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 662(A-1) paragraphs
(2) and (3) . It was added by chapter 355,
Acts of 1972. It is made a part of this
proposed section for organization purposes
to set forth all penalty provisions of the
subtitle in one place.

The scope of the language of paragraph (2)
as enacted appears to apply its penal