1126

LAWS OF MARYLAND

Ch. 391

APPLICATION SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
DEPARTMENT 30 DAYS BEFORE THE HEARING. After the hearing,
the Committee shall approve, reject, or modify the proposed
plan. [If it does not act on the proposed plan within ten
days after the hearing, the plan shall be considered
approved.] If the plan is rejected or modified, the
operator shall be notified in writing of the reason for
rejection or the suggested modification. The operator may
resubmit the plan to [the Director of the Bureau] DEPARTMENT
with the Committee's requested corrections or modifications.
If the changes are made AND THE PERMIT APPLICATION FULLY
COMPLIES WITH ALL PROVISIONS OF THIS SUBTITLE AND RULES AND
REGULATIONS ISSUED PURSUANT THERETO, the [director]
DEPARTMENT may issue the permit. If the Committee rejects
the plan, the [director] DEPARTMENT may not approve the
[application] PERMIT. THE DEPARTMENT SHALL IMMEDIATELY
NOTIFY THE OPERATOR, LOCAL GOVERNMENTS, AND ALL PARTICIPANTS
TO THE HEARINGS OF THE DECISIONS BY THE COMMITTEE AND THE
DEPARTMENT. WITHIN 15 DAYS OF THE DECISION, ANY PERSON
ADVERSELY AFFECTED BY THE DECISION MAY REQUEST AN
ADJUDICATORY HEARING. THE DEPARTMENT SHALL HOLD A HEARING
IN ACCORDANCE WITH ARTICLE 41 WITHIN 30 DAYS OF THE REQUEST
AND RENDER A DECISION WITHIN 15 DAYS THEREAFTER.

(h) The [Bureau] DEPARTMENT may not issue an

additional permit to an operator who, under any permit

previously issued, has failed, [or] AND continues to fail,

to comply with any provisions of this subtitle OR ANY RULE,

REGULATION, NOTICE, ORDER OR PERMIT ISSUED PURSUANT THERETO.

7-505.1.

(A) THE DEPARTMENT SHALL ESTABLISH A PROCESS TO
DETERMINE WHICH, IF ANY, LAND AREAS ARE UNSUITABLE FOR ALL
OR CERTAIN TYPES OF SURFACE COAL MINING OPERATIONS. A
SURFACE AREA MAY BE DESIGNATED UNSUITABLE FOR CERTAIN TYPES
OF SURFACE COAL MINING OPERATIONS IF SUCH OPERATIONS WILL:

(1)  BE INCOMPATIBLE WITH EXISTING STATE OR LOCAL
LAND USE PLANS OR PROGRAMS; OR

(2)  AFFECT FRAGILE OR HISTORIC LANDS IN WHICH
SUCH OPERATIONS COULD RESULT IN SIGNIFICANT DAMAGE OF
IMPORTANT HISTORIC, CULTURAL, SCIENTIFIC, AND ESTHETIC
VALUES AND NATURAL SYSTEMS; OR

(3)  AFFECT RENEWABLE RESOURCE LANDS IN WHICH
SUCH OPERATIONS COULD RESULT IN A SUBSTANTIAL LOSS OR
REDUCTION OF LONG-RANGE PRODUCTIVITY OF WATER SUPPLY OR OF
FOOD OR FIBER PRODUCTS, SUCH LANDS TO INCLUDE AQUIFERS AND
AQUIFER RECHARGE AREAS; OR

(4)  AFFECT NATURAL HAZARD LANDS IN WHICH SUCH
OPERATIONS COULD SUBSTANTIALLY ENDANGER LIFE AND PROPERTY,
SUCH LANDS TO INCLUDE AREAS SUBJECT TO FREQUENT FLOODING AND
AREAS OF UNSTABLE GEOLOGY.