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Ch. 386
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1210
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LAWS OF MARYLAND
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PROPERTY NOT LESS THAN 30 DAYS IN ADVANCE, OR SUCH OTHER
REQUIREMENTS AS THE COURT MAY DEEM APPROPRIATE. THE DEPARTMENT
SHALL REIMBURSE THE LANDOWNER OR LESSEE WHO IS FARMING THE
PROPERTY FOR AGRICULTURAL PRODUCTS DESTROYED OR DAMAGED BY ITS
AGENTS, EMPLOYEES, OR CONTRACTORS. THE DEPARTMENT SHALL BE
RESPONSIBLE FOR ANY OTHER DAMAGES THAT MAY BE INCURRED AS A
RESULT OF SUCH ENTRY ON PRIVATE PROPERTY.
(2) 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 reasonable time but not to exceed 90 days. [Copies of
all records, reports, inspection materials and information shall
be available to the public] THE DEPARTMENT MAY EXTEND BEYOND 90
DAYS THE TOTAL TIME FOR ABATEMENT OF A VIOLATION, IF THE OPERATOR
DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE, AND THE DEPARTMENT
MAKES A WRITTEN FINDING, THAT COMPLIANCE WITHIN 90 DAYS IS
UNATTAINABLE EITHER BECAUSE OF CONDITIONS TOTALLY BEYOND THE
CONTROL OF THE OPERATOR, OR BECAUSE ABATEMENT OF THE VIOLATION
WITHIN 90 DAYS WOULD REQUIRE ACTION VIOLATIVE OF MINE SAFETY
STANDARDS ESTABLISHED UNDER FEDERAL OR STATE LAW OR WOULD CLEARLY
CAUSE MORE ENVIRONMENTAL HARM THAN IT WOULD PREVENT. If the
operator does not comply within the time specified, OR ANY
EXTENSION WHICH MAY BE GRANTED, 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. COPIES OF ALL RECORDS, REPORTS, INSPECTION
MATERIALS, AND INFORMATION SHALL BE AVAILABLE TO THE PUBLIC. 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.
(3) 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 order the Department to suspend the permit until
corrective action is taken.
[7-514.6.
(a) A person may not prospect unless the person first:
(1) Submits to the Bureau the written consent of the
landowner or the owner of the mining rights;
(2) Obtains the written approval of the Bureau; and
(3) Files with the Bureau a bond payable to the
State, conditioned on faithful performance of the requirements of
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