Ch. 466

LAWS OF MARYLAND

(2) IF THE DEPARTMENT DETERMINES THAT THE SUPPLY HAS
BEEN AFFECTED BY OPEN-PIT MINING OPERATIONS AFTER ALL BONDS ON
THE OPERATION HAVE BEEN FULLY RELEASED, INSTEAD OF REQUIRING THE
OPERATOR TO REPLACE THE WATER SUPPLY UNDER SUBSECTION (B) (C) OF
THIS SECTION, THE DEPARTMENT SHALL USE FUNDS FROM THE RESERVE
UNDER § 7-514.1 OF THIS SUBTITLE TO REPLACE THE WATER SUPPLY.
THE USE OF FUNDS FROM THE RESERVE MAY NOT BE CONSTRUED TO EXTEND
ANY PERMIT WHERE BONDS HAVE BEEN FULLY RELEASED.

(F)  (1) IF, AFTER FINAL ADMINISTRATIVE AND JUDICIAL REVIEW
OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED UNDER
SUBSECTION (B) (C) OF THIS SECTION, IT IS DETERMINED THAT THE
WATER SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID
PROXIMATELY RESULT FROM THE OPERATOR'S OPEN-PIT MINING OPERATION,
AND IF THE DEPARTMENT HAS EXPENDED MONEYS FROM THE BITUMINOUS
COAL OPEN-PIT MINING RECLAMATION FUND TO REPLACE THE WATER
SUPPLY, THE OPERATOR SHALL REIMBURSE THE FUND FOR ALL MONEYS
EXPENDED BY THE DEPARTMENT TO REPLACE THE WATER SUPPLY.

(2)  IF, AFTER FINAL ADMINISTRATIVE AND JUDICIAL
REVIEW OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED UNDER
SUBSECTION (B) (C) OF THIS SECTION, IT IS DETERMINED THAT THE
WATER SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID NOT
PROXIMATELY RESULT FROM THE OPERATOR'S OPEN-PIT MINING OPERATION,
AND IF THE DEPARTMENT HAS EXPENDED MONEYS FROM THE FUND TO
REPLACE THE WATER SUPPLY, THE PROPERTY OWNER SHALL REIMBURSE THE
FUND FOR ALL MONEYS EXPENDED BY THE DEPARTMENT TO REPLACE THE
WATER SUPPLY.

(3)  (I) IF, AFTER FINAL ADMINISTRATIVE AND JUDICIAL
REVIEW OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED UNDER
SUBSECTION (B) (C) OF THIS SECTION, IT IS DETERMINED THAT THE
WATER SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID NOT
PROXIMATELY RESULT FROM THE OPERATOR'S OPEN-PIT MINING OPERATION,
AND IF THE OPERATOR HAS REPLACED THE WATER SUPPLY, THE OPERATOR
MAY REQUEST REIMBURSEMENT FROM THE DEPARTMENT FOR THE ACTUAL
DIRECT COSTS INCURRED BY THE OPERATOR TO REPLACE THE WATER
SUPPLY.

(II)  THE REQUEST SHALL BE IN WRITING, SIGNED BY
THE OPERATOR, AND SHALL INCLUDE A STATEMENT OF THE ACTUAL DIRECT
COSTS INCURRED BY THE OPERATOR TO REPLACE THE WATER SUPPLY, AND A
STATEMENT THAT THE OPERATOR IS NOT ELIGIBLE FOR REIMBURSEMENT FOR
ALL OR ANY PART OF THE COSTS FOR WHICH REIMBURSEMENT IS REQUESTED
FROM ANY OTHER SOURCE.

(III)  THE DEPARTMENT SHALL REIMBURSE THE
OPERATOR FOR THE OPERATOR'S ELIGIBLE COSTS TO REPLACE THE WATER
SUPPLY FROM THE BITUMINOUS COAL OPEN-PIT MINING RECLAMATION FUND,
OTHER THAN FUNDS COLLECTED UNDER § 7-505(E) OF THIS SUBTITLE.

(G)  (1) THE OPERATOR SHALL BE LIABLE FOR ANY EXPENDITURES
FROM THE BITUMINOUS COAL OPEN-PIT MINING RECLAMATION FUND IN

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