HARRY HUGHES, Governor

1129

[(c)] (F) An operator may not [strip any area by]
ENGAGE IN open-pit mining if he [either] has forfeited any
prior bond posted UNDER THIS SECTION [in connection with
stripping activities or failed to pay royalties and wages
due during the activities].

[(d)] (G) When an operator submits the MINING AND
RECLAMATION progress report required under § 7-507 (b) of
this subtitle, the [Secretary] DEPARTMENT, on advice of the
Committee, may adjust the amount of surety required from the
operator to assure completion of reclamation and
revegetation.

(H) PRIOR TO THE RELEASE OF ANY BOND REQUIRED BY THIS
SUBTITLE, THE DEPARTMENT SHALL PUBLISH AN ADVERTISEMENT OF
THE RELEASE AT LEAST ONCE A WEEK FOR 4 CONSECUTIVE WEEKS IN
A NEWSPAPER OF GENERAL CIRCULATION IN THE JURISDICTION
AFFECTED. THE OPERATOR SHALL NOTIFY ADJOINING PROPERTY
OWNERS, LOCAL GOVERNMENTAL BODIES, SEWAGE AUTHORITIES AND
WATER COMPANIES BY CERTIFIED MAIL. THE DEPARTMENT SHALL
AFFORD INTERESTED PERSONS AN OPPORTUNITY TO SUBMIT WRITTEN
COMMENTS AND TO REQUEST A HEARING ON THE PROPOSED BOND
RELEASE. UPON RECEIPT OF AN APPLICATION FOR RELEASE OF
BONDS, THE DEPARTMENT SHALL CONDUCT AN EVALUATION OF THE
RECLAMATION WORK INVOLVED. THE DEPARTMENT SHALL NOTIFY THE
OPERATOR IN WRITING OF ITS APPROVAL OR DISAPPROVAL. NO BOND
MAY BE FULLY RELEASED UNTIL ALL REQUIREMENTS OF THIS
SUBTITLE, RULES AND REGULATIONS ADOPTED PURSUANT TO THIS
SUBTITLE, AND PERMIT CONDITIONS HAVE BEEN MET.

7-507.

(c) The [Director of the Bureau or his agent]
DEPARTMENT AND ITS AGENTS may enter on and inspect any
open-pit MINING operation to determine conditions of safety
and assure compliance with the provisions of this subtitle
[and] any rules and regulations promulgated under it AND
PERMIT CONDITIONS. If an operator fails to comply with
requirements of this subtitle, [or] any rule or regulation
OR PERMIT CONDITION, the [Director] DEPARTMENT immediately
shall notify the operator by [registered] CERTIFIED mail or
personal delivery of the failure and require compliance
within a specified time. COPIES OF ALL RECORDS, REPORTS,
INSPECTION MATERIALS AND INFORMATION SHALL BE AVAILABLE TO
THE PUBLIC. If the operator does not comply within the time
specified, the [Director may] DEPARTMENT SHALL issue a cease
and desist order requiring the operator immediately to cease
ALL OR A PORTION OF THE open-pit mining [on the J operation
in question until the [Director] DEPARTMENT determines that
the operator is in full compliance. If the operator
PERSISTENTLY OR REPEATEDLY FAILS TO COMPLY WITH A NOTICE OR
ORDER, [persists in noncompliance], the [Director]
DEPARTMENT, after a hearing and final determination THAT THE
OPERATOR HAS FAILED TO SHOW CAUSE, [may] SHALL SUSPEND OR
cancel the permit on this operation. [He] THE DEPARTMENT
also may order the immediate stopping of any operation