2784

LAWS OF MARYLAND

[Ch. 581

ACCORDANCE WITH THE PROVISIONS OF THE ADMINISTRATIVE
PROCEDURES ACT.

[[7-7B04]] 7-6A04. SURFACE MINED LAND RECLAMATION FUND.

(A)    ALL FUNDS RECEIVED BY THE DEPARTMENT FROM
LICENSE FEES, PERMIT FEES, THE FORFEITURE OF BONDS AND OF
CASH DEPOSITS AND SECURITIES, AND FINES COLLECTED UPON
CONVICTION OF AN OPERATOR UNDER §§[[7-7B06]] 7-6A06(C)
AND [[7-7B07]] 7-6A07(F) SHALL BE DEPOSITED TO THE CREDIT
OF THE STATE TREASURER IN A BANK HE DESIGNATES, 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 "SURFACE MINED LAND RECLAMATION FUND." THIS FUND
SHALL BE USED BY THE DEPARTMENT FOR REHABILITATING THE
AREA OF LAND AFFECTED BY THE OPERATION UPON WHICH
LIABILITY WAS CHARGED ON THE BOND.

(B)   FOR THE RECLAMATION OF SURFACE MINED LANDS
OTHER THAN COAL ABANDONED AND UNRECLAIMED BEFORE JULY
[[1974]] 1975, THE DEPARTMENT MAY USE FUNDS RECEIVED FROM
THE FOLLOWING SOURCES:

(1)   A FORFEITURE IN EXCESS OF THE AMOUNT
REQUIRED FOR RECLAIMING THE AREA OF LAND AFFECTED BY THE
OPERATION ON WHICH THE LIABILITY WAS CHARGED;

(2)  A FORFEITURE RELATING TO LAND WHICH THE
DEPARTMENT DETERMINES TO BE PHYSICALLY IMPOSSIBLE TO
RECLAIM; AND

(3)   LICENSING FEES, PERMITTING FEES, FINES,
FUNDS RECEIVED FROM THE SPECIAL RECLAMATION FEES
ESTABLISHED BY §[[7-7B07]] 7-6A07 (E), OR ANY OTHER
SOURCE.

[[7-7B05]] 7-6A05. SURFACE MINE INSPECTORS.

THE DEPARTMENT MAY EMPLOY QUALIFIED SURFACE MINE
INSPECTORS AND OTHER PERSONNEL DEEMED NECESSARY BY THE
DEPARTMENT TO ENFORCE THE PROVISIONS OF THIS SUBTITLE AND
ANY RULES AND REGULATIONS ADOPTED UNDER IT. THE
DEPARTMENT SHALL ESTABLISH STANDARDS OF QUALIFICATION FOR
SURFACE MINE INSPECTORS, PARTICULARLY AS REGARDS THE
DISCIPLINES OF MINING ENGINEERING, CIVIL ENGINEERING,
WATER QUALITY, GEOLOGY, HYDROLOGY, AGRONOMY, FORESTRY,
BIOLOGY, HEALTH, SAFETY, AND ANY OTHER FIELD DEEMED
NECESSARY FOR QUALIFICATION.

[[7-7B06]] 7-6A06. OPERATOR'S LICENSE.

(A) AFTER JANUARY 1, [[1976]] 1977, NO PERSON MAY
CONDUCT AN ACTIVE OPERATION TO EXTRACT MINERALS BY THE
SURFACE MINING METHOD AS AN OPERATOR WITHIN THE STATE