Ch. 790
LAWS OF MARYLAND
which surface mining is permitted for certain purposes;
making stylistic changes; and generally relating to the
provisions of an agreement between the Department of Natural
Resources and a surface mine permit holder that allows entry
on the mined land.
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 7-6A-07(d)
Annotated Code of Maryland
(1983 Replacement Volume and 1987 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
7-6A-07.
(d) (1) Except as waived by the provisions of paragraph (3)
of this subsection, the application shall be accompanied by an
agreement, in a form specified by the Department, signed by the
applicant and the landowner, if he is a different person from the
applicant, stating that:
(i) The Department may enter the land, after
making a reasonable effort to notify the permittee, the owner, or
any subsequent owners, at any reasonable time during the term of
the permit and [for an additional period of five years following
the expiration of the permit to inspect the condition of the
land] UNTIL THE PERFORMANCE BOND IS RELEASED, and while on the
property, Department personnel shall comply with all government
regulations;
(ii) If a bond forfeiture is ordered, the
Department, its representatives, and contractors may enter the
land and take actions necessary to carry out reclamation which
the operator has failed to complete; and
(iii) The agreement shall be recorded in each
county where the land is located as §§ 3-102 and 3-103 of the
Real Property Article provide at the expense of:
1. The Department for an agreement that
is executed on or before July 1, 1985; or
2. The applicant for any agreement that
is executed after July 1, 1985.
(2) The application shall be accompanied by a mining
and reclamation plan and map which meets the requirements of §
- 5084 -
|