MARVIN MANDEL, Governor

2459

ACCORDING TO THE AUTHORIZED MINING AND RECLAMATION PLAN
AND POSTS SUITABLE BOND OR OTHER SECURITY REQUIRED BY
§7-5A09 OF THIS SUBTITLE.

(B) THE SUCCESSOR OPERATOR SHALL PAY A $20 FEE ON
FILING A TRANSFER OF PERMIT.

7-5A07.

(A)    IF THE DEPARTMENT DETERMINES THAT THE
ACTIVITIES UNDER THE MINING AND RECLAMATION PLAN AND
OTHER TERMS AND CONDITIONS OF THE PERMIT FAIL
SUBSTANTIALLY TO ACHIEVE THE PURPOSES AND REQUIREMENTS OF
THIS SUBTITLE, THE DEPARTMENT SHALL GIVE THE OPERATOR
WRITTEN NOTICE OF:

(1)          THE DEPARTMENT'S DETERMINATION;

(2)          THE DEPARTMENT'S INTENTION TO MODIFY THE
MINING AND RECLAMATION PLAN AND OTHER TERMS AND
CONDITIONS OF THE PERMIT IN A STATED MANNER; AND

(3)          THE OPERATOR'S RIGHT TO A HEARING ON THE
PROPOSED MODIFICATION AT A STATED TIME AND PLACE.

(B)         THE HEARING SHALL BE HELD WITHIN 60 DAYS AFTER
WRITTEN NOTICE IS FORWARDED TO THE OPERATOR.         AFTER THE
HEARING, THE DEPARTMENT MAY MODIFY THE MINING AND
RECLAMATION PLAN AND OTHER TERMS AND CONDITIONS OF THE
PERMIT IN THE MANNER STATED IN THE NOTICE OR IN ANOTHER
MANNER IT CONSIDERS REASONABLY APPROPRIATE IN VIEW OF THE
EVIDENCE SUBMITTED AT THE HEARING. REFUSAL OF THE
OPERATOR TO COMPLY WITH THE CONDITIONS SET FORTH IN THE
PERMIT SO MODIFIED BY THE DEPARTMENT SHALL RESULT IN THE
REVOCATION OF THE PERMIT.

(C)          A FEE MAY NOT BE CHARGED TO THE OPERATOR FOR A
DEPARTMENTAL MODIFICATION OF THE PERMIT.

7-5A08.

(A)    IF THE DEPARTMENT HAS REASON TO BELIEVE THAT A
VIOLATION OF THIS SUBTITLE, ANY RULES OR REGULATIONS
ADOPTED UNDER IT, OR THE TERMS AND CONDITIONS OF A
PERMIT, INCLUDING THE APPROVED MINING AND RECLAMATION
PLAN, HAS OCCURRED, THE DEPARTMENT SHALL SERVE WRITTEN
NOTICE OF A VIOLATION ON THE OPERATOR, SPECIFYING THE
FACTS CONSTITUTING THE APPARENT VIOLATION AND INFORM THE
OPERATOR OF HIS BIGHT TO A HEARING AT A STATED TIME AND
PLACE. SUBSEQUENT TO OR CONCURRENT WITH SERVICE OF THE
WRITTEN NOTICE, THE DEPARTMENT MAY SUSPEND THE PERMIT OR
ISSUE AN ORDER UNTIL THE VIOLATION IS CORRECTED.

(B)    THE HEARING SHALL BE HELD WITHIN 45 DAYS
AFTER THE NOTICE IS FORWARDED TO THE OPERATOR. THE
OPERATOR MAY APPEAR AT THE HEARING, EITHER PERSONALLY OR
THROUGH COUNSEL, AND PRESENT EVIDENCE ON HIS BEHALF, THE
DEPARTMENT SHALL RENDER A DECISION REGARDING THE