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Session Laws, 1980
Volume 739, Page 2563   View pdf image
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HARRY HUGHES, Governor

2563

order the Department to suspend the permit until corrective
action is taken.

(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.] WITHIN 30 DAYS FROM THE DATE OF A
NOTICE OR ORDER UNDER THIS SECTION, OR FROM THE DATE OF A
RELATED CIVIL PENALTY ASSESSMENT UNDER § 7-517(B) OF THIS
SUBTITLE, WHICHEVER IS LATER, ANY PERSON ADVERSELY AFFECTED
MAY REQUEST AN ADJUDICATORY HEARING PURSUANT TO ARTICLE 41
OF THE ANNOTATED CODE OF MARYLAND. IF A CIVIL PENALTY
ASSESSMENT IS MADE, ANY ADJUDICATORY HEARING ON THE PENALTY
AMOUNT SHALL BE COMBINED WITH THE HEARING ON THE VIOLATION,
AND THE ASSESSMENT MUST BE PAID INTO ESCROW IN ACCORDANCE
WITH § 7-517(B)(3) (4) OF THIS SUBTITLE. 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] 30 days of the hearing the Department shall
issue a written decision. PRIOR TO THE DECISION, THE
DEPARTMENT MAY GRANT TEMPORARY RELIEF FROM A NOTICE OR ORDER
IF AN APPLICANT CAN SHOW A SUBSTANTIAL LIKELIHOOD OF SUCCESS
ON THE MERITS, A PUBLIC HEARING ON THE TEMPORARY RELIEF IS
HELD, AND THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR
SAFETY OF THE PUBLIC OR CAUSE SIGNIFICANT IMMINENT
ENVIRONMENTAL HARM TO LAND, AIR, OR WATER RESOURCES.

(H) ANY PERSON MAY REQUEST AN INSPECTION BY PROVIDING
THE BUREAU WITH A SIGNED WRITTEN STATEMENT THAT GIVES REASON
TO BELIEVE THAT AN OPERATION MAY BE IN VIOLATION OF THIS
SUBTITLE OR THE BUREAU'S RULES AND REGULATIONS. IF AN
INSPECTION IS MADE THE PERSON WHO REQUESTED THE INSPECTION
SHALL HAVE A RIGHT TO ACCOMPANY THE INSPECTOR; PROVIDED
THAT, HE OR SHE VOLUNTARILY REMAINS UNDER THE CONTROL AND
DIRECTION OF THE INSPECTOR AT ALL TIMES, AND ASSUMES ALL
RISK OF INJURY. IN ANY CASE, THE PERSON SHALL BE PROVIDED
WITH A WRITTEN REPORT FROM THE BUREAU THAT INDICATES THE
RESULTS OF AN INSPECTION, OR THE REASON WHY NO ACTION WAS
TAKEN ON THE REQUEST.

7-511.

(a) Within 2 weeks after any affected area is
backfilled and regraded pursuant to this subtitle and in
accordance with the approved reclamation plan, the operator
shall submit a backfilling report on a form furnished by the
Department. The report shall provide the following
information: the number of acres affected on the permit; the
number of acres backfilled for [this] THE PERIOD OF THE
report; and the number of backfilled acres previously
reported. Based upon inspection and approval by the
Department of this report and the planting report required
by subsection (b), the Department may release a portion of
the liability on the bond required by § 7-506(b) OF THIS
SUBTITLE in accordance with provisions set forth in §
7-506[(c)] (H) OF THIS SUBTITLE. The Department shall at

 

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Session Laws, 1980
Volume 739, Page 2563   View pdf image
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