HARRY HUGHES, Governor                                     1675

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. 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.

(C) FOR THE PURPOSE OF PERFORMING DUTIES UNDER THIS
SECTION, THE DEPARTMENT, ITS AGENTS, EMPLOYEES, AND CONTRACTORS
MAY ENTER ON PRIVATE PROPERTY FOR ACCESS TO AND RECLAMATION OF
ANY LAND AFFECTED BY OPEN-PIT MINING OR PROSPECTING. ENTRY ONTO
PRIVATE PROPERTY FOR PURPOSES OTHER THAN RECLAMATION OF LAND ON
WHICH LIABILITY WAS CHARGED ON A FORFEITED BOND MAY 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 COURT
WHERE THE PROPERTY OR ANY PART OF IT IS LOCATED FOR AN ORDER
DIRECTING THE 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 PROPERTY NOT LESS THAN 30
DAYS IN ADVANCE, OR OTHER REQUIREMENTS AS THE COURT MAY DEEM
APPROPRIATE. THE DEPARTMENT SHALL REIMBURSE THE LANDOWNER OR

k i