2562                                      LAW OF MARYLAND                                   Ch. 740

FOR CERTAIN TYPES OF SURFACE COAL MINING, THE DEPARTMENT MAY
NOT ISSUE A PERMIT TO CONDUCT SUCH OPERATIONS ON THAT AREA.
THE DEPARTMENT SHALL DETERMINE THE POINT IN TIME AT WHICH
THE FILING OF A PETITION UNDER THIS SECTION SHALL ACT TO
STAY ISSUANCE OF A PERMIT APPLIED FOR UNDER § 505 OF THIS
SUBTITLE.

7-507

(a) THE BUREAU MAY REQUIRE AN OPERATOR TO ESTABLISH
AND MAINTAIN SUCH RECORDS, MAKE SUCH REPORTS, AND PROVIDE
SUCH INFORMATION AS MAY REASONABLY BE REQUIRED TO ENABLE THE
BUREAU TO DETERMINE WHETHER THE OPERATOR HAS ACTED OR IS
ACTING IN COMPLIANCE WITH THIS SUBTITLE AND RULES AND
REGULATIONS PROMULGATED PURSUANT TO IT. By the 25th day of
each month, every operator of a [coal-stripping] STRIP
MINING operation shall furnish the Bureau, on a form the
Bureau furnishes, a monthly report of coal produced, number
of employees and days worked, and every accident for the
previous month. THE BUREAU SHALL REQUIRE [An] AN annual
report [shall be furnished to the Bureau] not later than
February 25 of each year [for the preceding year] covering
facts [the Bureau may require] regarding the production and
condition of the operation during the calendar year
preceding.

(c) The 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 any rules and regulations
promulgated under it and permit conditions, AND SHALL HAVE
ACCESS TO AND THE RIGHT TO COPY ANY RECORDS, REPORTS, OR
OTHER INFORMATION REQUIRED BY THE BUREAU UNDER THIS
SUBTITLE. If an operator fails to comply with requirements
of this subtitle, any rule or regulation or permit
condition, the Department immediately shall notify the
operator by certified mail or personal delivery of the
failure and require compliance within a specified time.
THIS TIME MAY NOT EXCEED 90 DAYS UNLESS THE DEPARTMENT
DETERMINES IN WRITING THAT A LONGER PERIOD IS NECESSARY.
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
Department shall issue a cease and desist order requiring
the operator immediately to cease all or a portion of the
open-pit mining operation in question until the Department
determines that the operator is in full compliance. If the
operator persistently or repeatedly fails to comply with a
notice or order, the Department, after a hearing and final
determination that the operator has failed to show cause,
shall suspend or cancel the permit on this operation. The
Department also may order the immediate stopping of any
operation conducted by an operator who lacks the license or
permit required by this subtitle. In addition, Committee
members may enter on any open-pit operation to determine
land reclamation conditions and progress. Any deficiency
noted shall be reported to the Department. The Committee may