(a) (1) If the Director determines that an operator has failed to comply with any provision of this subtitle, or any rule, regulation, or permit issued under this subtitle, or that the operator has not produced coal or removed overburden on the permit site for a period of 6 months, the Director may issue an order requiring the operator to show cause why the permit should not be revoked and give the operator 30 days in which to request a contested case hearing.
(2) (i) If a hearing is requested, the Director shall inform the permittee and all interested parties of the time and place of the hearing.
(ii) Any hearing held under this section shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.
(3) If the operator fails to show cause why the permit should not be revoked, the Director shall revoke the permit and forfeit the bond posted by the operator in accordance with § 15-507 of this subtitle.
(4) If the Director revokes a permit and forfeits the bond under this subsection, the operator of the permit forfeits:
(i) All rights and claims to the permit;
(ii) All materials furnished with the application for the permit; and
(iii) Any subsequent amendments to the permit.
(b) (1) If the Director revokes a permit and forfeits the bond, the Director shall notify the operator and the surety or the holder of any other securities if applicable, in writing, that all bonds are forfeited and shall make claim for payment.
(2) If the surety or the holder of any other securities refuses to make payment within a reasonable time, the Director shall certify the case to the Attorney General, who shall file suit to collect the forfeited bond.
(3) The Director shall deposit all funds received from the forfeiture of bonds with the State Treasurer to the credit of the Bituminous Coal Open-Pit Mining Reclamation Fund.
Structure Maryland Statutes
Section 15-502 - Declaration of Policy
Section 15-503 - Rules and Regulations Generally
Section 15-504 - Open-Pit Mining Operator's License
Section 15-505 - Open-Pit Mining Permit Generally
Section 15-506 - Designation of Areas as Unsuitable for Strip Mining
Section 15-509 - Mine Reclamation Surcharge; Bond Supplement Surcharge
Section 15-512 - State Participation in Cost of Revegetation
Section 15-514 - Revocation of Permit and Forfeiture on Bond
Section 15-514.1 - Reissuance of Permit to Another Qualified Operator
Section 15-515 - Disposition of Funds; Right of Entry
Section 15-516 - Water Supply Replacement Reserve
Section 15-517 - Bond Supplement Reserve
Section 15-518 - Prospecting for Coal
Section 15-519 - Assumption of Certain Costs by Department
Section 15-520 - Penalties Under Subtitle
Section 15-521 - Civil Penalties
Section 15-522 - Liability of Officers or Agents for Corporate Violations
Section 15-523 - Enforcement or Enjoining Violation of Order, Notice, Rule, Regulation, or Permit
Section 15-524 - Protection of Interest in Water Resources; Replacement of Water Supply
Section 15-525 - Blasting or Use of Explosives
Section 15-526 - Oaths and Subpoenas; Record of Hearing
Section 15-527 - State Employees Not to Have Financial Interest