2798

LAWS OF MARYLAND

[Ch. 581

(B)   SHOWING OF CAUSE.

ON THE OPERATOR'S SHOWING OF CAUSE, THE DEPARTMENT
SHALL PROVIDE FOR A REASONABLE TIME, BUT NOT LESS THAN
SIX MONTHS FOR THE OPERATOR TO RESTORE THE LAND TO COMPLY
WITH THE PERMIT.

(C)   FAILURE TO SHOW CAUSE.

ON FAILURE OF THE OPERATOR TO SHOW CAUSE, THE BOND
OR CASH DEPOSIT SHALL BE FORFEITED NISI, AND NOTICE BY
THE DEPARTMENT SHALL BE GIVEN TO THE OPERATOR AND LEGAL
OWNER OF THE LAND IF DIFFERENT FROM THE OPERATOR AND
LEGAL OWNER OF THE LAND IF DIFFERENT FROM THE OPERATOR
AND SURETY OF THE FORFEITURE. IF A SHOWING OF INTENTION
TO RESTORE IN COMPLIANCE WITH THE PERMIT IS NOT SUBMITTED
TO THE DEPARTMENT WITHIN 30 DAYS FROM THE FORFEITURE
NISI, THE BOND OR CASH DEPOSIT SHALL BE FORFEITED
ABSOLUTE.

(D)   RECLAMATION UPON FORFEITURE.

ON AN ABSOLUTE FORFEITURE, THE DEPARTMENT SHALL USE
THE FUNDS MADE AVAILABLE BY THE FORFEITURE TO RECLAIM THE
AFFECTED LAND AS PROMPTLY AND COMPLETELY AS POSSIBLE.

[[7-7B23]] 7-6A23. PROHIBITION.

NO OPERATOR MAY CONDUCT SURFACE MINING WITHIN THE
STATE IF HE PREVIOUSLY HAS FORFEITED ANY BOND POSTED
PURSUANT TO SURFACE MINING ACTIVITIES, UNLESS ON
APPLICATION BY THE OPERATOR, HE REPAYS THE DEPARTMENT THE
COST OF RECLAMATION IF THE DEPARTMENT HAD RECLAIMED THE
LAND, PLUS INTEREST AT THE CURRENT RATE FOR THE TIME
ELAPSED, LESS THE AMOUNT OF THE FORFEITED BOND. IF THE
LAND IS STILL UNRECLAIMED, THE OPERATOR SHALL RECLAIM THE
LAND COVERED BY THE FORFEITED BOND AT HIS OWN EXPENSE,
INCLUDING ANY ADDITIONAL EROSIONAL, SEDIMENTATION, OR
POLLUTION DAMAGE RESULTING FROM THE LACK OF PROPER
RECLAMATION DURING THE INTERIM.

[[7-7B24]] 7-6A24. ANNUAL MINING AND RECLAMATION
REPORTS.

(A) AT THE END OF EACH CALENDAR YEAR, FOLLOWING AS
SOON AFTER DECEMBER 31 AS IS REASONABLE, THE OPERATOR
SHALL FILE AN OPERATIONS AND PROGRESS REPORT WITH THE
DEPARTMENT ON A FORM PRESCRIBED AND FURNISHED BY THE
DEPARTMENT, WHICH SHALL:

(1)   IDENTIFY THE MINE, THE OPERATOR, AND THE
PERMIT NUMBER;

(2)   IDENTIFY THE LOCATION OF THE OPERATION AS