Ch. 466                                          LAWS OF MARYLAND

However, funds received from the reclamation surcharge under §
7-507.1 of this article shall only be used by the Secretary for
reclamation of land affected by open-pit or strip method mining
in the county in which the surcharge is assessed and collected.
[However, funds received from forfeiture on bonds, cash, or
securities shall be used to backfill, grade, and plant the area
of land affected by the operation on which the liability was
charged on the bond. Funds received on a forfeiture in excess of
the amount required for reclamation may be used to reclaim any
other land affected by open-pit mining of bituminous coal.]

(2)  (I) FUNDS RECEIVED FROM FORFEITURE ON BONDS SHALL
BE USED TO RECLAIM THE LAND AFFECTED BY THE OPERATION ON WHICH
THE LIABILITY WAS CHARGED ON THE BOND AND TO PERFORM THE
REQUIREMENTS OF THIS SUBTITLE, REGULATIONS ISSUED UNDER THIS
SUBTITLE, AND PERMIT CONDITIONS THAT THE OPERATOR HAS FAILED TO
PERFORM.

(II) FUNDS RECEIVED ON A FORFEITURE IN EXCESS
OF THE AMOUNT REQUIRED TO RECLAIM THE LAND AFFECTED AND TO
PERFORM THE REQUIREMENTS THAT THE OPERATOR HAS FAILED TO PERFORM
MAY BE USED TO RECLAIM ANY OTHER LAND AFFECTED BY OPEN-PIT MINING
OF BITUMINOUS COAL.

(3)  FUNDS PLACED IN THE RESERVE IN ACCORDANCE WITH §
7-514.1 OF THIS SUBTITLE SHALL BE USED TO REPLACE WATER SUPPLIES
AFFECTED BY ANY OPEN-PIT MINING OPERATION AFTER ALL BONDS ON THE
OPERATION HAVE BEEN FULLY RELEASED.

7-514.1.

(A)  THE SECRETARY SHALL ESTABLISH WITHIN THE BITUMINOUS
COAL OPEN-PIT MINING RECLAMATION FUND A RESERVE TO BE USED TO
REPLACE WATER SUPPLIES THAT ARE DETERMINED TO HAVE BEEN AFFECTED
BY AN OPEN-PIT MINING OPERATION, AFTER ALL THE BONDS UNDER §
7-506 OF THIS SUBTITLE COVERING THE OPERATION THAT AFFECTED THE
WATER SUPPLY HAVE BEEN RELEASED IN ACCORDANCE WITH § 7-506 OF
THIS SUBTITLE.

(B)  OF THE 9 CENT MINE RECLAMATION SURCHARGE THAT THE
DEPARTMENT ASSESSES FOR EACH TON OF COAL REMOVED BY THE OPEN-PIT
OR STRIP METHOD UNDER § 7-507.1(1) OF THIS SUBTITLE, 1 CENT SHALL
BE PAID INTO THE WATER SUPPLY REPLACEMENT RESERVE.

(C)  (1) WHEN THE AMOUNT OF THE RESERVE EQUALS OR EXCEEDS
$50,000, PAYMENT OF THE 1 CENT INTO THE RESERVE SHALL END
TEMPORARILY.

(2) WHEN THE AMOUNT OF THE RESERVE IS REDUCED BELOW
$25,000 BECAUSE OF PAYMENT MADE UNDER THIS SECTION, PAYMENT OF
THE 1 CENT INTO THE RESERVE SHALL RESUME.

7-519.

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