WILLIAM DONALD SCHAEFER, Governor Ch. 466

(a)  Nothing in this subtitle shall be construed as
affecting in any way the right of any person to enforce or
protect his interest in water resources affected by open-pit
mining.

(b)   [The] BEFORE THE RELEASE OF ALL BONDS ON A PERMIT, THE
operator of an open-pit mine shall replace the water supply of an
owner of interest in real property who obtains all or part of his
supply of water for domestic, agricultural, industrial, or other
legitimate use from an underground or surface source where [the
Department determines that] such supply has been affected by
contamination, diminution, or interruption proximately resulting
from such open-pit mine operations.

(C)  (1) IF THE DEPARTMENT DETERMINES THAT THE WATER SUPPLY
HAS BEEN AFFECTED BY OPEN-PIT MINING OPERATIONS, THE DEPARTMENT
SHALL NOTIFY THE OPERATOR OF ITS DETERMINATION AND SHALL
ESTABLISH A REASONABLE SCHEDULE FOR THE OPERATOR TO REPLACE THE
WATER SUPPLY.

(2)  IF THE OPERATOR FAILS TO COMPLY WITH THE SCHEDULE
FOR REPLACING THE AFFECTED WATER SUPPLY ESTABLISHED IN THE
DEPARTMENT'S NOTIFICATION UNDER PARAGRAPH (1) OF THIS SUBSECTION,
THE DEPARTMENT SHALL ORDER THE OPERATOR TO REPLACE THE AFFECTED
WATER SUPPLY.

(3)  ON REQUEST FROM THE OPERATOR, THE DEPARTMENT
SHALL USE FUNDS FROM THE BITUMINOUS COAL OPEN-PIT MINING
RECLAMATION FUND, OTHER THAN FUNDS COLLECTED UNDER § 7-505(E) OF
THIS SUBTITLE, TO REPLACE THE AFFECTED WATER SUPPLY, IF THE
OPERATOR AGREES TO REIMBURSE THE FUND FOR MONEY EXPENDED BY THE
DEPARTMENT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION.

(D)  (1) ON REQUEST FROM THE OWNER OF THE AFFECTED WATER
SUPPLY, THE DEPARTMENT MAY USE FUNDS FROM THE BITUMINOUS COAL
OPEN-PIT MINING RECLAMATION FUND, OTHER THAN FUNDS COLLECTED
UNDER § 7-505(E) OF THIS SUBTITLE, TO REPLACE THE AFFECTED WATER
SUPPLY IF THE OPERATOR FAILS TO COMPLY WITH EITHER THE SCHEDULE
ESTABLISHED IN THE DEPARTMENT'S NOTIFICATION OR THE DEPARTMENT'S
ORDER UNDER SUBSECTION (B) (C) OF THIS SECTION.

(2) THESE FUNDS MAY BE USED TO REPLACE A WATER SUPPLY
ONLY AFTER THE OWNER OF THE AFFECTED WATER SUPPLY AGREES TO
REIMBURSE THE FUND FOR MONEYS EXPENDED BY THE DEPARTMENT AS
PROVIDED IN SUBSECTION (F) OF THIS SECTION.

(E)  (1) IF THE DEPARTMENT DETERMINES THAT THE WATER SUPPLY
HAS BEEN AFFECTED BY OPEN-PIT MINING OPERATIONS AFTER BONDS ON
THE OPERATIONS HAVE BEEN FORFEITED, THE DEPARTMENT MAY USE FUNDS
RECEIVED FROM FORFEITURE ON BONDS, OR FUNDS FROM THE BITUMINOUS
COAL OPEN-PIT MINING RECLAMATION FUND WHERE FUNDS RECEIVED FROM
FORFEITURE ON BONDS ARE NOT SUFFICIENT, TO REPLACE THE WATER
SUPPLY.

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