Ch. 481

LAWS OF MARYLAND

unless [previously released by the Secretary] LIABILITY IS

EXTENDED BY THE DEPARTMENT TO INSURE COMPLIANCE WITH THE

REQUIREMENTS OF THIS SUBTITLE, RULES AND REGULATIONS, OR PERMIT
CONDITIONS. PROVIDED THAT A BOND MAY NOT BE FULLY RELEASED UNTIL
ALL REQUIREMENTS OF THIS SUBTITLE, REGULATIONS ADOPTED IN
ACCORDANCE WITH THIS SUBTITLE, AND PERMIT CONDITIONS HAVE BEEN
MET.

7-5A-10.

[(d) On an absolute forfeiture, the Department shall use
the funds made available by the forfeiture to reclaim the
affected land as promptly and completely as possible. Any amount
remaining from the bond, cash or security proceeds after the
affected land is reclaimed shall be deposited to the credit of
the Abandoned Mine Drainage Fund.]

(D) (1) FUNDS RECEIVED FROM FORFEITURE ON BONDS SHALL BE
DEPOSITED IN THE DEEP MINING FUND AND 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.

(2) 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 DEEP MINING.

7-5A-13.

[(c) The Secretary shall conduct at least annual
reclamation inspections of the completed or abandoned mine site
to determine the adequacy of reclamation work, especially with
respect to the effectiveness of mine opening seals and lack of
severe subsidence. If an inspection reveals inadequate
reclamation, the operator shall be notified in writing and given
an opportunity to correct the situation.]

[(d) No later than five years from the filing day of the
completion report, the Secretary shall refund or forfeit bond in
accordance with this subtitle.]

SECTION 2. AND BE IT FURTHER ENACTED, That the existing
regulations in COMAR 08.13.02 shall remain in effect under §
7-5A-05.1 of the Natural Resources Article until any changes are
proposed and adopted by the Secretary of Natural Resources under
§ 7-5A-03 of the Natural Resources Article.

SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1989.

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