WILLIAM DONALD SCHAEFER, Governor

Ch. 454

CHAPTER 454
(House Bill 1670)

AN ACT concerning

Mining - Sediment and Erosion Control Authority

FOR the purpose of providing that the Department of Natural Resources is the sole
enforcement authority for sediment and erosion control of certain mining
operations and abandoned mine reclamation projects; providing that the
Department of Natural Resources is the approving authority for certain sediment
and erosion control plans of certain abandoned mine reclamation projects;
specifying certain requirements concerning standards; and generally relating to
mining operations and sediment and erosion control.

BY repealing and reenacting, with amendments,
Article - Environment
Section 4-103(e)(l) and 4-105(a)
Annotated Code of Maryland
(1993 Replacement Volume)

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

Article - Environment

4-103.

(e) (1) (I) [Notwithstanding] SUBJECT TO SUBPARAGRAPH (II) OF THIS
PARAGRAPH, BUT NOTWITHSTANDING any other provision of State law or local
ordinance, effective April 1, 1985, it shall be the sole responsibility of the Department of
the Environment to enforce compliance with the provisions of this subtitle and of any
approved plan, except in those counties and municipalities to which enforcement
authority has been delegated in accordance with paragraph (2) of this subsection.

(II) THE DEPARTMENT OF NATURAL RESOURCES HAS THE
EXCLUSIVE AUTHORITY TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS
SUBTITLE AND OF ANY APPROVED PLAN WITH RESPECT TO MINING OPERATIONS
THAT REQUIRE A PERMIT UNDER TITLE 7 OF THE NATURAL RESOURCES ARTICLE,
AND ON ABANDONED MINE RECLAMATION PROJECTS.

4-105.

(a) (1) (i) In this section "construction" means land clearing, grubbing,
topsoil stripping, soil movement, grading, cutting and filling, transporting, or otherwise
disturbing land for any purpose.

(ii) "Construction" includes land disturbing activities for the purpose
of:

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