2788

LAWS OF MARYLAND

[Ch. 581

FISHERIES;

(3)    THE OPERATOR HAS FAILED TO PROVIDE
APPLICABLE PERMITS COVERING THE OPERATION FROM ALL STATE
AND LOCAL REGULATORY AGENCIES RESPONSIBLE FOR AIR AND
WATER POLLUTION AND SEDIMENT CONTROL;

(4)     THE OPERATION WILL CONSTITUTE A
SUBSTANTIAL PHYSICAL HAZARD TO A NEIGHBORING DWELLING
HOUSE, SCHOOL, CHURCH, HOSPITAL, COMMERCIAL OR INDUSTRIAL
BUILDING, PUBLIC ROAD, OR OTHER PUBLIC OR PRIVATE
PROPERTY IN EXISTENCE AT THE TIME OF APPLICATION FOR THE
PERMIT;

(5)    THE OPERATION WILL HAVE A SIGNIFICANTLY
ADVERSE EFFECT ON THE USES OF A PUBLICLY OWNED PARK,
FOREST, OR RECREATION AREA IN EXISTENCE AT THE TIME OF
APPLICATION FOR THE PERMIT;

(6)   THE OPERATOR DOES NOT POSSESS A VALID
SURFACE MINE OPERATOR'S LICENSE FROM THE STATE; OR

(7)     THE OPERATOR HAS NOT CORRECTED ALL
VIOLATIONS WHICH HE MAY HAVE COMMITTED UNDER ANY PRIOR
PERMIT AND WHICH RESULTED IN (I) REVOCATION OF HIS
PERMIT, (II) TERMINATION OF THE OPERATION BY ORDER OF THE
DEPARTMENT, (III) FORFEITURE OF PART OR ALL OF HIS BOND
OR OTHER SECURITY, OR (IV) CONVICTION OF A MISDEMEANOR
UNDER §§ [[7-7B06(C), 7-7B07]] 7-6A06(C), 7-6A07(B), OR
(V) ANY OTHER COURT ORDER ISSUED AGAINST THE OPERATOR AS
A RESULT OF DEPARTMENTAL ACTION.

(8)    PREVIOUS EXPERIENCE WITH SIMILAR
OPERATIONS INDICATES A SUBSTANTIAL PROBABILITY THAT THE
OPERATION WILL RESULT IN SUBSTANTIAL DEPOSITS OF SEDIMENT
IN STREAM BEDS OR LAKES, LANDSLIDES, OR OTHER WATER
POLLUTION.

(C) IN THE ABSENCE OF ANY OF THESE FINDINGS, A
PERMIT SHALL BE GRANTED. HOWEVER, NO PERMIT BECOMES
EFFECTIVE UNTIL THE OPERATOR HAS DEPOSITED WITH THE
DEPARTMENT AN ACCEPTABLE PERFORMANCE BOND OR OTHER
SECURITY PURSUANT TO §[[7-7B20]] 7-6A20 OF THIS
SUBTITLE. IF AT ANY TIME THE BOND OR OTHER SECURITY, OR
ANY PART OF IT, LAPSES FOR ANY REASON OTHER THAN A
RELEASE BY THE DEPARTMENT, AND THE LAPSED BOND OR
SECURITY IS NOT REPLACED BY THE OPERATOR WITHIN 30 DAYS
AFTER NOTICE OF THE LAPSE, THE PERMIT TO WHICH IT
PERTAINS AUTOMATICALLY BECOMES VOID AND HAS NO FURTHER
EFFECT AND THE OPERATION SHALL BE DECLARED TERMINATED BY
ORDER OF THE DEPARTMENT.

(D) IF THE DEPARTMENT DENIES AN APPLICATION FOR A
PERMIT, IT SHALL NOTIFY THE OPERATOR IN WRITING, STATING