Ch. 469

1995 LAWS OF MARYLAND

(b) (1) Upon approval of the backfilling and planting report required by
subsection (a) of this section, the Department shall release that portion of the liability on
the bond representing the open-acre amount determined under § 7-506(b)(2)(ii) of this
subtitle in accordance with provisions set forth in § 7-506(h) of this subtitle.

(2)     (I) If the report required by subsection (a) of this section is approved,
the operator shall be responsible for the successful revegetation of the reported area for
[a] THE period [of 5 full years after the approval] SPECIFIED IN SUBPARAGRAPH (II)
OR (III) OF THIS PARAGRAPH unless liability is extended by the Department to insure
compliance with the requirements of this subtitle, rules and regulations or permit
conditions.

(II)    ON LAND ELIGIBLE FOR REMINING, THE PERIOD OF
OPERATOR RESPONSIBILITY IS 2 FULL YEARS AFTER THE APPROVAL OF THE
REPORT. THE AUTHORITY FOR THIS SUBPARAGRAPH SHALL TERMINATE ON
SEPTEMBER 30, 2004 OR ON ANY LATER DATE AUTHORIZED UNDER THE FEDERAL
SURFACE MINING CONTROL AND RECLAMATION ACT.

(III)   FOR ANY REPORTED AREA OTHER THAN LAND ELIGIBLE FOR
REMINING, THE PERIOD OF OPERATOR RESPONSIBILITY IS 5 FULL YEARS AFTER
THE APPROVAL OF THE REPORT.

(3)     No sooner than 2 years after the report required by subsection (a) of this
section is approved, if the revegetation has been established on the area in accordance
with this subtitle and the approved reclamation plan and the Committee has approved the
revegetation on the area, the Department may release an additional portion of the bond
required by § 7-506(b) of this subtitle in accordance with § 7-506(h) of this subtitle.

(4)     The Department shall at all times retain bonds in an amount sufficient
to insure completion of the reclamation plan by the Department in the event of forfeiture.

(5)     When the operator has successfully completed all surface coal mining
and reclamation activities, the Department may release the remaining portion of the
bond, but not before the expiration of the period specified for operator responsibility in
paragraph (2) of this subsection; provided, however, that no bond shall be fully released
until all reclamation requirements of this subtitle are fully met.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 18, 1995.

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