Ch. 481

LAWS OF MARYLAND

(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 DEEP MINING FUND 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 DEEP MINING FUND 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 (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 DEEP MINING OPERATIONS AFTER BONDS ON THE
OPERATIONS HAVE BEEN FORFEITED, THE DEPARTMENT MAY USE FUNDS
RECEIVED FROM FORFEITURE ON BONDS, OR FUNDS FROM THE DEEP MINING
FUND WHERE FUNDS RECEIVED FROM FORFEITURE ON BONDS ARE NOT
SUFFICIENT, TO REPLACE THE WATER SUPPLY.

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

(F)  (1) THE OPERATOR SHALL REIMBURSE THE FUND FOR ALL
MONEYS EXPENDED BY THE DEPARTMENT TO REPLACE THE WATER SUPPLY IF:

(I)  AFTER FINAL ADMINISTRATIVE AND JUDICIAL
REVIEW OF THE DEPARTMENT'S DETERMINATION OR ORDER ISSUED UNDER
SUBSECTION (C) OF THIS SECTION, IT IS DETERMINED THAT THE WATER
SUPPLY CONTAMINATION, DIMINUTION, OR INTERRUPTION DID PROXIMATELY
RESULT FROM THE OPERATOR'S DEEP MINING OPERATION; AND

(II)  THE DEPARTMENT HAS EXPENDED MONEYS FROM
THE DEEP MINING FUND TO REPLACE THE WATER SUPPLY.

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