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3098 LAWS OF MARYLAND Ch. 668
permit area, or if the permittee has not complied with corrective
requirements following revocation of a permit, it shall initiate
forfeiture proceedings against the bond or other security filed
by the [operator] PERMITTEE.
7-6A-26.
(a) An operation is considered abandoned if no mineral has
been produced or overburden removed for a period of one year, and
the [operator] PERMITTEE has vacated the site of the operation
covered by the permit without having complied with all the
requirements of the mining and reclamation plan, verified by
inspection and written report made by the Department. If the
[operator] PERMITTEE, within 30 days after receiving notification
from the Department terming the operation abandoned, does not
submit sufficient evidence to the Department that the operation
in fact is not abandoned and a reasonable timetable satisfactory
to the Department regarding plans for the reactivation of the
operation, the Department shall declare the operation abandoned
and initiate legal proceedings against the [operator] PERMITTEE.
(b) An operation is considered halted if active work has
ceased temporarily due to weather conditions, market conditions,
or other reasonable cause explained in writing by the [operator]
PERMITTEE to the satisfaction of the Department, and accompanied
by a statement that the [operator] PERMITTEE fully intends to
resume active operation when the adverse conditions have passed.
All necessary pollution controls shall be properly maintained
during this period. No operation may be halted for a period
exceeding 24 consecutive months[, after which time mining
activity shall be resumed or final reclamation work shall be
commenced]. On failure of the [operator] PERMITTEE to resume
mining or initiate reclamation, the Department shall declare the
operation abandoned and initiate legal proceedings against the
[operator] PERMITTEE.
7-6A-27.
(a) On completion of reclamation of an area of affected
land, the [operator] PERMITTEE immediately shall notify the
Department. The Department shall make an inspection of the area,
and if it finds that the [operator] PERMITTEE has not completed
to the Department's reasonable satisfaction all the reclamation
required by the permit, the Department shall order the [operator]
PERMITTEE to do so at once and shall reinspect the area following
completion of the work. If the Department finds that reclamation
has been completed properly AND IF THE DEPARTMENT HAS RECEIVED
THE FINAL RECLAMATION REPORT REQUIRED UNDER SUBSECTION (B) OF
THIS SECTION, it shall notify the [operator] PERMITTEE in writing
and release [him] THE PERMITTEE from further obligations
regarding the affected land. At the same time it shall release
all or the appropriate portion of any performance bond or cash
deposit which the [operator] PERMITTEE has posted under §
7-6A-20 OF THIS SUBTITLE.
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