MARVIN MANDEL, Governor                                2457

(I) "SUBSIDENCE" MEANS THE SINKING OR SETTLING OF
A LAND SURFACE AREA FROM BENEATH WHICH COAL HAS BEEN
EXTRACTED.

7-5A02.

IN THIS SUBTITLE THE GENERAL ASSEMBLY INTENDS TO
PROVIDE FOR THE RECLAMATION OF THE LAND AFFECTED BY DEEP
MINING OPERATIONS AND FOR THE PROTECTION OF THE WATERS OF
THE STATE THAT OTHERWISE MIGHT BE AFFECTED ADVERSELY BY
POLLUTION FROM DEEP MINES,

7-5A03.

(A)    THE SECRETARY SHALL ADOPT RULES AND
REGULATIONS FOR PREVENTION OF WATER POLLUTION OR DAMAGE
TO THE LAND SURFACE RESULTING FROM DEEP MINING
OPERATIONS. THE RULES AND REGULATIONS SHALL INCLUDE
STANDARDS AND PROCEDURES FOR INSURING RECLAMATION OR
SEALING OF MINED AREAS AFTER OPERATIONS CEASE.

(B)    THE SECRETARY MAY STUDY AND RECOMMEND AND
SHALL APPROVE ALL PROCEDURES FOR RECLAMATION,
CONSERVATION, AND REVEGETATION OF AFFECTED AREAS,
INCLUDING MINE OPENING SEALING, PREVENTION OR RECLAMATION
OF SUBSIDENCE DAMAGE, UNDERGROUND FIRES, DISPOSITION OF
SPOIL, RESTORATION OF PLANT COVER, PREVENTION OF EROSION,
PREVENTION OF THE CREATION OF ACID HATER, AND ANY OTHER
ACTIONS THAT WILL ENSURE CONSERVATION AND BENEFICIAL
UTILIZATION OF THE NATURAL RESOURCES OF THE STATE.

(C)    THE SECRETARY SHALL REVIEW ALL MINING AND
RECLAMATION PLANS, PROGRESS REPORTS, INSPECTION REPORTS,
AND COMPLETION REPORTS.

(D)    THE SECRETARY MAY ENTER TO INSPECT ANY DEEP
MINE OPERATION TO DETERMINE RECLAMATION PROGRESS,
CONSERVATION, AND WATER QUALITY CONDITIONS AND
INVESTIGATE FOR VIOLATIONS OF THIS SUBTITLE.

7-5A04.

ALL FUNDS RECEIVED BY THE SECRETARY FROM PERMIT FEES
AND SURCHARGES SHALL BE DEPOSITED TO THE CREDIT OF THE
DEEP MINING FUND TO BE USED ONLY FOR THE ADMINISTRATION
AND IMPLEMENTATION OF THIS SUBTITLE, INCLUDING MINE
OPENING SEALING AND RECLAMATION OF SUBSIDENCE DAMAGE.

7-5A05.

(A)    A PERSON MAY NOT CONTINUE OR COMMENCE
OPERATION OF ANY DEEP MINE AS AN OPERATOR AFTER JANUARY
1, 1977 WITHOUT FIRST OBTAINING A PERMIT FROM THE
SECRETARY.

(B)    THE APPLICATION FOR A PERMIT SHALL BE ON A
FORM PRESCRIBED BY THE SECRETARY AND SHALL BE ACCOMPANIED
BY A $200 FEE. AS PART OF THE APPLICATION, THE OPERATOR