3962

VETOES

number of acres as that for which a bond is required.
Notwithstanding the provisions of § 7-514 of this subtitle, the
Secretary shall use the funds produced by the fee under this
subsection to backfill, grade, and plant areas affected by
open-pit mining where the funds received from forfeiture on
bonds, cash, securities, and other collateral are not sufficient
to do the necessary backfilling, grading, and planting. However,
if at any time the money produced by this fee and at that time in
the Bituminous Coal Open-Pit Mining Reclamation Fund exceed the
sum of $750,000, then the Secretary may use this excess money in
accordance with the provisions of § 7-514 of this subtitle.

(f)  The operator is responsible for the prevention of
stream pollution in excess of standards established by the
Department.

(g)  Unless a lease in existence on June 1, 1967 does not so
provide or permit, the application for a permit shall include, on
a form furnished by the Bureau, the written consent of the
landowner for the operator or the State or any of its authorized
"agents, to enter on any land affected by the operator within a
period of five years after the operation is completed or
abandoned, for the purpose of backfilling, planting, reclamation,
and inspection.

(h) The Department may not issue a permit to an applicant
if any strip mining operation owned or controlled by the
applicant is currently in violation of the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87), any other law
pertaining to air or water environmental protection, or any
provisions of this subtitle or any rule, regulation, notice,
order or permit issued under this subtitle unless the applicant
submits proof that the violation is in the process of being
corrected to the satisfaction of the appropriate jurisdictional
agency.

(i) [(1)] If EXCEPT AS PROVIDED IN SUBSECTION (J) OF THIS
SECTION, IF the requirements of this subtitle are met and no
claim is outstanding under this subtitle against the operator, or
any officer or director of a corporation, a permit shall MAY be
issued. Any additional permit is subject to each requirement for
the original permit.

[(2) However (J) (1) EXCEPT AS OTHERWISE PROVIDED BY
LAW, the Bureau DEPARTMENT may net issue a strip mining permit on
slopes of 20 degrees or more from the horizontal. Slope
measurements shall be made every 200 feet along the contour of
the original premining natural slope beginning with the proposed
initial point of mining and including the proposed terminal point
of mining. If any 200 feet section has a slope of 20 degrees or
more a strip mining permit may not be issued for that 200 feet
section, except that a permit may be issued in the case of a
previously orphaned mining operation, on slope more than 20