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1209
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HARRY HUGHES, Governor
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Article - Natural Resources
Section 7-514.6
Annotated Code of Maryland
(1974 Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
7-506.
(h) Prior to the release of any bond required by this
subtitle, the [Department] OPERATOR shall publish an
advertisement of the release at least once a week for 4
consecutive weeks in a newspaper of general circulation in the
jurisdiction affected. The operator shall notify adjoining
property owners, local governmental bodies, sewage authorities
and water companies by certified mail. The Department shall
afford interested persons an opportunity to submit written
comments and to request a hearing on the proposed bond release.
Upon receipt of an. application for release of bonds, INCLUDING
PROOF OF THE ADVERTISEMENT AND NOTIFICATION TO ADJOINING PROPERTY
OWNERS NOTIFICATIONS, the Department shall conduct an evaluation
of the reclamation work involved. The Department shall notify
the operator in writing of its approval or disapproval. No bond
may be fully released until all requirements of this subtitle,
rules and regulations adopted pursuant to this subtitle, and
permit conditions have been met.
7-507.
(c) (1) The Department and its agents may enter on and
inspect any open-pit mining OR PROSPECTING 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. FOR THE PURPOSE OF PERFORMING THE DUTIES
REQUIRED UNDER THIS SUBTITLE AND APPLICABLE REGULATIONS,
INCLUDING BUT NOT LIMITED TO INSPECTION, ENFORCEMENT OF THIS
SUBTITLE, AND RECLAMATION, THE DEPARTMENT, ITS AGENTS, EMPLOYEES,
AND CONTRACTORS MAY ENTER UPON PRIVATE PROPERTY FOR ACCESS TO OR
RECLAMATION OF ANY OPEN-PIT MINING AND RECLAMATION OPERATION OR
PROSPECTING OPERATION WHICH IS NOT OTHERWISE ACCESSIBLE TO THE
DEPARTMENT FROM A PUBLIC ROAD. ENTRY ONTO PRIVATE PROPERTY FOR
THESE PURPOSES SHALL NOT BE UNDERTAKEN WITHOUT PRIOR CONSENT OF
THE PROPERTY OWNER. IF, AFTER REAL AND BONA FIDE EFFORT, THE
CONSENT OF THE PROPERTY OWNER CANNOT BE SECURED, THE DEPARTMENT
MAY APPLY TO A LAW OR EQUITY COURT WHERE THE PROPERTY OR ANY PART
OF IT IS LOCATED FOR AN ORDER DIRECTING THAT ENTRY BE PERMITTED.
"BONA FIDE EFFORT" SHALL INCLUDE EITHER 30 DAYS ADVANCE NOTICE IN
WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE LAST
KNOWN ADDRESS OF THE PROPERTY OWNER OR POSTING NOTICE ON THE
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