HARRY HUGHES, Governor

2561

(2)  The [hearings] JOINT HEARING shall be at
least 30 but not more than 60 days after the Department
provides public notice of the [hearings] HEARING. Notice
shall appear in a newspaper of general circulation in the
jurisdiction affected. Members of the public shall be
provided an opportunity to comment on the application either
orally or in writing until at least 30 days after public
notice of the hearing and copies of the application shall be
available for public inspection at the Department 30 days
before the hearing.

(3)  After the hearing, the Committee shall
approve, reject, or modify the proposed plan. 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
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 Department may issue the permit. If the Committee
rejects the plan, the Department may not approve the permit.

(4)  THE DEPARTMENT SHALL REVIEW ALL OTHER
ASPECTS OF THE APPLICATION, INCLUDING INFORMATION PERTAINING
TO ANY OTHER PERMIT REQUIRED FROM THE DEPARTMENT FOR THE
PROPOSED STRIP MINING OPERATION.

(5)  The Department shall immediately notify the
operator, local governments, and all participants to the
[hearings] JOINT HEARING of the decisions by the Committee
and the Department. Within [15] 30 days of [the decision]
NOTIFICATION, 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] 30 days
thereafter.

(h) The Department may not issue [an additional] A
permit to an [operator who, under any permit previously
issued, has failed, and continues to fail, to comply with]
APPLICANT IF ANY STRIP MINING OPERATION OWNED OR CONTROLLED
BY THE APPLICANT IS CURRENTLY IN VIOLATION OF THE FEDERAL
SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 (P.L.
95-87), ANY OTHER LAW PERTAINING TO AIR OR WATER
ENVIRONMENTAL PROTECTION, OR any provisions of this subtitle
or any rule, regulation, notice, order or permit issued
[pursuant thereto] UNDER THIS SUBTITLE UNLESS THE APPLICANT
SUBMITS PROOF THAT THE VIOLATION IS IN THE PROCESS OF BEING
CORRECTED TO THE SATISFACTION OF THE APPROPRIATE
JURISDICTIONAL AGENCY.

7-505.1.

(e) The Department shall condition all permits in
order to protect lands identified OR UNDER STUDY pursuant to
this section. ONCE AN AREA HAS BEEN DESIGNATED UNSUITABLE