WILLIAM DONALD SCHAEFER, Governor                   Ch. 189

[(b) After receiving notification from the Department that
the application for a permit has been approved, but before the
permit is issued, the operator shall file, a bond for the
operation payable to the State and conditioned that the operator
will perform faithfully every requirement of this subtitle, rules
and regulations issued pursuant to this subtitle and permit
conditions. The amount of the bond shall be determined by the
Department and may not be less than $500 per acre based on the
number of acres of land permitted. The liability of the operator
under the bond shall be for the duration of open-pit mining
operation and for a period coincidental with the operator's
responsibility under § 7-511.]

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "OPEN-ACRE" MEANS THE DISTURBED AREA,. EXCLUDING
ANY AREA WHICH HAS NOT BEEN CLEARED AND GRUBBED AND ANY AREA
WHICH HAS BEEN SATISFACTORILY BACKFILLED, REGRADED, TOPSOILED,
SEEDED, AND MULCHED (OR RECLAIMED TO AN ALTERNATE POST-MINING
LAND USE) IN ACCORDANCE WITH AN APPROVED RECLAMATION PLAN, AND
WHICH WILL NOT BE REDISTURBED.

(3)   "OPEN-ACRE LIMIT" MEANS THE NUMBER OF ACRES
APPROVED TO BE BONDED AS OPEN-ACRES AND FOR WHICH A BOND IS
POSTED BEFORE THE ISSUANCE OF A PERMIT.

(B)  (1) AFTER RECEIVING NOTIFICATION FROM THE DEPARTMENT
THAT THE PERMIT APPLICATION HAS BEEN APPROVED, BUT BEFORE THE
PERMIT IS ISSUED, THE OPERATOR SHALL FILE WITH THE DEPARTMENT A
BOND FOR PERFORMANCE PAYABLE TO THE STATE AND CONDITIONED ON THE
OPERATOR FAITHFULLY PERFORMING EVERY REQUIREMENT OF THIS
SUBTITLE, THE RULES AND REGULATIONS ISSUED UNDER THIS SUBTITLE,
AND PERMIT CONDITIONS.

(2) (I) THE AMOUNT OF THE BOND SHALL BE DETERMINED BY
THE DEPARTMENT AND MAY NOT BE LESS THAN $500 PER ACRE OR A
FRACTION THEREOF BASED ON THE NUMBER OF ACRES OF LAND PERMITTED.

(II) HOWEVER, THE AMOUNT OF BOND MAY NOT BE
LESS THAN $1,500 PER ACRE OR A FRACTION THEREOF FOR THE OPEN-ACRE
LIMIT APPROVED BY THE DEPARTMENT IN THE PERMIT APPLICATION MAY
NOT BE LESS THAN AN ADDITIONAL $1,500 PER ACRE OR FRACTION
THEREOF.

(3)  THE LIABILITY OF THE OPERATOR UNDER THE BOND
SHALL BE FOR THE DURATION OF THE OPEN-PIT MINING OPERATION AND
FOR A PERIOD COINCIDENTAL WITH THE OPERATOR'S RESPONSIBILITY
UNDER § 7-511 OF THIS SUBTITLE.

7-507.

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