SECTION 1. BE if ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

7-501.

(o) "Operator" means any person, partnership, LIMITED LIABILITY COMPANY,
or corporation [who] THAT removes or intends to remove more than 250 tons of coal from
the earth by surface coal mining within 12 consecutive calendar months in. any one
location.

(v) "Principal owner" means an owner or beneficial owner of at least 10 percent
of a corporation, firm, partnership, LIMITED LIABILITY COMPANY, or association.

7-504.

(b)     The Director of the Bureau shall investigate every application for a license or
renewal. [He] THE DIRECTOR may not issue any new open-pit mining operator's license
or renew any existing license to any person or operator if [he] THE DIRECTOR finds the
applicant for licensure or renewal has failed to correct a violation of the rules and
regulations established under this subtitle, or to comply with any of the provisions of this
subtitle. If the applicant is a corporation, LIMITED LIABILITY COMPANY, partnership, or
association, the Director may not issue or renew the license if [he] THE DIRECTOR finds
that any officer, director, or principal owner of the corporation, LIMITED LIABILITY
COMPANY, partnership, or association, has previously failed and continues to fail to
comply with any of the provisions of this subtitle, or if any officer, director, or principal
owner is or has been an officer, director, of principal owner of any other corporation,
LIMITED LIABILITY COMPANY, partnership, or association, which has previously failed
and continues to fail to comply with any of the provisions of this subtitle. The Director
may not issue or renew any license to any person or operator who has forfeited any bond
posted in connection with strip-mining activity in any state. If the applicant is a
corporation, LIMITED LIABILITY COMPANY, partnership, or association, the Director
may not issue or renew the license if [he] THE DIRECTOR finds that any officer,
director, or principal owner of the corporation, LIMITED LIABILITY COMPANY,
partnership, or association, has previously forfeited any bond posted in connection with
strip-mining activity in any state.

(c)     (1) Any license held under this section may be suspended by the
Department if: (i) due to persistent or repeated failure to comply with the requirements
under this subtitle, permit revocation procedures under § 7-507(c) of this subtitle have
been brought for any operation owned of controlled by the licensee; arid (ii) continued
operation by the licensee at any other location is determined by the Department to be a
contributing factor in the failure to comply. For purposes of this paragraph, continued
operation by the licensee at any other location shall include operation by the licensee
directly, or operation by any corporation, LIMITED LIABILITY COMPANY, partnership, or
association of which the licensee is an officer, director, or principal owner, and which
involves use of equipment or resources employed on the permit area in violation under
this paragraph.

1994 LAWS OF MARYLAND

Ch. 442

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