HARRY HUGHES, Governor

1135

Attorney General. The Attorney General shall file suit to
collect the forfeited liability. If the operator has
deposited cash or securities instead of a bond, the director
shall declare that portion of the deposit forfeited and
direct the State Treasurer to pay the funds into the
Bituminous Coal Open-Pit Mining Reclamation Fund or proceed
to sell the securities to the extent forfeited and pay the
proceeds into the fund.

(B) IF AN OPERATOR ABANDONS AN OPERATION, THE
DEPARTMENT SHALL DECLARE THE BOND FORFEITED UNLESS THE
OPERATOR SHOWS CAUSE WHY THE BOND SHOULD NOT BE FORFEITED.

7-516.

(b) Any [operator] PERSON who mines coal by the
open-pit mining method without having received a permit, as
provided in this subtitle, who mines coal by the open-pit
mining method without securing an amended permit, who mines
coal by the open-pit mining method without furnishing the
proper bond required by this subtitle, who knowingly or
intentionally SUBMITS FALSE INFORMATION TO THE DEPARTMENT
[includes false information in the application for a
permit], or who does not fully comply with every provision
and requirement of THIS SUBTITLE OR ANY RULE, REGULATION,
PERMIT, NOTICE OR ORDER ISSUED PURSUANT THERETO [the
permit], is guilty of a misdemeanor, and upon conviction, is
subject to a fine of not [less than $500 nor more than
$5,000] MORE THAN $10,000 OR BY IMPRISONMENT FOR NOT MORE
THAN 1 YEAR OR BOTH.

[(d) Any person who violates any rule or regulation
promulgated under § 7-503 is guilty of misdemeanor, and upon
conviction, is subject to the penalty provisions in
subsection (a) of this section.]

[(e)] (D) Any fine imposed under this subtitle by the
District Court shall be paid to the state. A fine imposed by
the circuit court for any county or the Criminal Court of
Baltimore shall be paid to the Bituminous Coal Open-Pit
Mining Reclamation Fund. A fine imposed under this section
and paid into the fund shall be used for the sole purpose of
foresting or reclaiming land affected by open-pit mining of
bituminous coal.

7-517.

(b) (1) In addition to any other remedies available at
law or in equity, a civil penalty may be assessed for
violation of any provision of this subtitle, or rule,
regulation, order or permit issued under it. The penalty
may be assessed by the Secretary of Natural Resources or a
hearing officer designated by the Secretary, ONLY after THE
PERSON CHARGED WITH THE VIOLATION HAS BEEN GIVEN AN
OPPORTUNITY FOR a PUBLIC hearing [at which it is determined
that a violation exists]. WHERE THE PERSON CHARGED WITH THE
VIOLATION FAILS TO REQUEST A PUBLIC HEARING, A CIVIL PENALTY