Ch. 189

LAWS OF MARYLAND

(c) (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. ]
SHALL ISSUE A AN ORDER REQUIRING THE OPERATOR TO SHOW CAUSE WHY
THE PERMIT SHOULD NOT BE REVOKED AND PROVIDE OPPORTUNITY FOR AN
ADJUDICATORY HEARING IN ACCORDANCE WITH § 7-513. 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.

7-511.

[(a)(l) within 2 weeks after any affected area is
backfilled and regraded under this subtitle and in accordance
with the approved reclamation plan, the operator shall submit a
backfilling report on a form furnished by the Department. The
report shall provide the following information:

(i) The number of acres affected on the permit;

(ii) The number of acres backfilled for the
period of the report; and

(iii) The number of backfilled acres previously
reported.

(2) Based upon inspection and approval by the
Department of this report and the planting report required by
subsection (b) of this section, the Department may release a
portion of the liability on the bond required by § 7-506(b) of
this subtitle in accordance with provisions set forth in §
7-506(h) of this subtitle. The Department shall at all times

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