2766

LAWS OF MARYLAND

Ch. 356

(1)  Any requirement of this subtitle or any rule
or regulation adopted under it will be violated by the
proposed operation;

(2)  The operation will have an unduly adverse
effect on wildlife or fresh water, estuarine, or marine
fisheries;

(3)  The operator has failed to provide
applicable permits covering the operation from all State and
local regulatory agencies responsible for air and water
pollution and sediment control;

(4)  The operation will constitute a substantial
physical hazard to a neighboring dwelling house, school,
church, hospital, commercial or industrial building, public
road, or other public or private property in existence at
the time of application for the permit;

(5)  The operation will have a significantly
adverse effect on the uses of a publicly owned park, forest,
or recreation area in existence at the time of application
for the permit;

(6)  The operator does not possess a valid
surface mine operator's license from the State; [or]

(7)  The operator has not corrected all
violations which he may have committed under any prior
permit and which resulted in (i) revocation of his permit,
(ii) termination of the operation by order of the
Department, (iii) forfeiture of part or all of his bond or
other security, [or] (iv) conviction of a misdemeanor under
§§ 7-6A-06[(c)] (E), 7-6A-07[(b)] (H), or (v) any other
court order issued against the operator as a result of
departmental action[.]; OR

(8)  Previous experience with similar operations
indicates a substantial probability that the operation will
result in substantial deposits of sediment in stream beds or
lakes, landslides, or other water pollution.

7-6A-24.

(a) [At the end of each calendar year, following as
soon after December 31 as is reasonable, the] THE operator
shall file an operations and progress report with the
Department BY MARCH 31 OF EACH YEAR, on a form prescribed
and furnished by the Department, which SHALL COVER THE
PRECEDING CALENDAR YEAR AND shall:

(1) Identify the mine, the operator, and the
permit number;