1130

LAWS OF MARYLAND

Ch. 391

conducted by an operator who lacks the license or permit
required by this subtitle. In addition, [the] Committee
MEMBERS may enter on any open-pit operation to determine
land reclamation conditions and progress. Any deficiency
noted shall be reported to the [Director] DEPARTMENT. The
Committee may order the [Director] DEPARTMENT to suspend the
permit until corrective action is taken.

(D)  IF THE DEPARTMENT DETERMINES THAT A PROBABLE
PERMIT ACREAGE OR BOUNDARY VIOLATION EXISTS, IT MAY ORDER AN
OPERATOR TO SUBMIT A MAP SHOWING THE STATUS OF THE OPERATION
AS OF THE DATE OF THE ORDER.

(E)  IF, ON THE BASIS OF AN INSPECTION, THE DEPARTMENT
DETERMINES THAT ANY CONDITION OR PRACTICE EXISTS, WHICH
CONDITION OR PRACTICE CREATES AN IMMINENT DANGER TO THE
HEALTH OR SAFETY OF THE PUBLIC, OR IS CAUSING OR MAY
REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT IMMINENT
ENVIRONMENTAL HARM, THE DEPARTMENT OR ITS AGENT SHALL
IMMEDIATELY ISSUE A CEASE AND DESIST ORDER REQUIRING THE
OPERATOR IMMEDIATELY TO CEASE OPEN-PIT MINING ON ALL OR PART
OF THE OPERATION IN QUESTION UNTIL THE DEPARTMENT DETERMINES
THAT THE OPERATOR IS IN FULL COMPLIANCE. IF CESSATION OF
OPEN-PIT MINING IS NOT SUFFICIENT TO ABATE THE IMMINENT
DANGER OR HARM, THE DEPARTMENT SHALL ALSO IMPOSE SUCH
AFFIRMATIVE OBLIGATIONS UPON THE OPERATOR AS ARE NECESSARY
TO ABATE THE DANGER OR HARM.

(F)  ANY PERSON ADVERSELY AFFECTED BY A NOTICE OF
NONCOMPLIANCE OR ORDER ISSUED PURSUANT TO THIS SECTION MAY
REQUEST REVIEW OF THE NOTICE OR ORDER WITHIN 15 DAYS OF THE
DATE OF NOTICE OR ORDER. THE DEPARTMENT SHALL CONDUCT AN
INVESTIGATION AND PROVIDE THE OPERATOR AND OTHER INTERESTED
PERSONS WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING
AT LEAST 5 DAYS PRIOR TO THE HEARING. WITHIN 15 DAYS OF THE
HEARING THE DEPARTMENT SHALL ISSUE A WRITTEN DECISION.

(G)  A PERSON SEEKING ADMINISTRATIVE OR JUDICIAL REVIEW
OF A NOTICE OR ORDER MAY REQUEST THE DEPARTMENT OR COURT TO
ASSESS AN OPPOSING PARTY FOR ALL EXPENSES, INCLUDING
ATTORNEYS' FEES, REASONABLY INCURRED BY THE PERSON IN
CONNECTION WITH THE PROCEEDINGS. THE DEPARTMENT OR COURT
MAY ORDER REIMBURSEMENT AS DEEMED PROPER.

7-508.

(a)  Each operator shall comply with the requirements
of this section.

(b)  The operator shall regrade in a manner the
[Bureau] DEPARTMENT establishes by rule and regulation AND
in accordance with the approved RECLAMATION plan. Any
regrading shall include, but is not limited to, [the
following rules:] BACKFILLING, COMPACTING (WHERE NECESSARY
TO INSURE STABILITY OR PREVENT LEACHING OF TOXIC MATERIALS),
AND REGRADING TO RESTORE TO THE APPROXIMATE ORIGINAL CONTOUR
OF THE AFFECTED AREA WITH ALL HIGHWALLS, SPOIL PILES, AND