MARVIN MANDEL, Governor

2787

BUDGET TO PROVIDE FOR THE MATCHING MONEYS REQUIRED BY
THIS SUBSECTION. THESE MATCHING FUNDS MAY BE PROVIDED BY
THE STATE IN THE CURRENT BUDGET AT THE TIME THE PERMIT IS
ISSUED OR IN THE NEXT SUCCEEDING STATE BUDGET. WHEN ALL
PRE-LAW SURFACE MINED LANDS HAVE BEEN RECLAIMED, THIS FEE
SHALL CEASE TO BE COLLECTED.

(H) PENALTY.

ANY OPERATOR WHO VIOLATES THE PROVISIONS OF THIS
SECTION OR WHO KNOWINGLY OR INTENTIONALLY HAS FILED FALSE
INFORMATION IN THE APPLICATION FOR A PERMIT, OR WHO HAS
NOT FULLY COMPLIED WITH ALL PROVISIONS AND REQUIREMENTS
OF THE PERMIT, IS GUILTY OF A MISDEMEANOR, AND, ON
CONVICTION, IS SUBJECT TO A FINE THAT IS SUFFICIENT TO
COVER THE COST OF RECLAIMING THE LAND AFFECTED BUT NOT
MORE THAN $25,000. THE FINE SHALL BE PAID INTO THE
SURFACE MINED LAND RECLAMATION FUND.

[[7-7B08]] 7-6A08. REVIEW OF APPLICATION AND
ACCOMPANYING DOCUMENTS.

ON RECEIPT OF AN APPLICATION AND ACCOMPANYING
DOCUMENTS, THE DEPARTMENT SHALL REVIEW IT AND MAKE
FURTHER INQUIRIES, INSPECTIONS, OR EXAMINATIONS AS
NECESSARY OR DESIRABLE FOR PROPER EVALUATION. IF THE
DEPARTMENT OBJECTS TO ANY PART OF THE APPLICATION OR
ACCOMPANYING DOCUMENTS, IT SHALL NOTIFY PROMPTLY THE
OPERATOR BY REGISTERED MAIL OF ITS OBJECTIONS, SETTING
FORTH ITS REASONS, AND SHALL AFFORD THE OPERATOR A
REASONABLE OPPORTUNITY TO MAKE AMENDMENTS OR TAKE ACTIONS
REQUIRED TO REMOVE THE OBJECTIONS THE DEPARTMENT SHALL
SUBMIT A COPY OF THE APPLICATION AND ACCOMPANYING
DOCUMENTS TO THE DEPARTMENT OF STATE PLANNING FOR REVIEW
WITH RESPECT TO MATTERS THAT ARE THE RESPONSIBILITY OF
THAT DEPARTMENT..

[[7-7B09]] 7-6A09. APPROVAL OR DENIAL OF PERMIT.

(A)    THE DEPARTMENT SHALL APPROVE AND GRANT OR DENY
THE PERMIT REQUESTED AS EXPEDITIOUSLY AS POSSIBLE, BUT
NOT LATER THAN 60 DAYS AFTER THE APPLICATION FORMS OR ANY
SUPPLEMENTAL INFORMATION REQUIRED ARE FILED WITH THE
DEPARTMENT.

(B)   THE DEPARTMENT MAY DENY THE PERMIT ON FINDING
THAT:

(1)    ANY REQUIREMENT OF THIS SUBTITLE OR ANY
RULE OR REGULATION ADOPTED UNDER IT WILL BE VIOLATED BY
THE PROPOSED OPERATION;

(2)   THE OPERATION WILL HAVE AN UNDULY ADVERSE
EFFECT ON WILDLIFE OR FRESH WATER, ESTUARINE, OR MARINE