(a) The Secretary shall establish within the Bituminous Coal Open-Pit Mining Reclamation Fund a bond supplement reserve to be used if funds received from the forfeiture of bonds under § 15-514 of this subtitle are not sufficient:
(1) To reclaim the land affected by the operation on which the liability was charged on the bond; and
(2) To perform:
(i) The requirements of this subtitle;
(ii) The requirements of regulations adopted under this subtitle; and
(iii) Any permit condition that the operator has failed to perform.
(b) The Secretary shall deposit to the credit of the bond supplement reserve the following funds:
(1) A portion of the assessment under § 15-509(b)(1) of this subtitle equal to 2 cents for each ton of coal produced for the month;
(2) The amount of the assessment under § 15-509(b)(2) of this subtitle; and
(3) The amount of the assessment under § 15-509(d) of this subtitle.
(c) When the amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month, deposits into the reserve of the amounts provided in subsection (b)(1) and (2) of this section shall end temporarily.
(d) The assessment under § 15-509(d) of this subtitle shall end temporarily for any month when:
(1) The amount of money in the bond supplement reserve equals or exceeds $750,000 at the end of the month;
(2) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(1) of this section from the assessment under § 15-509(d) of this subtitle has been credited to the Bituminous Coal Open-Pit Mining Reclamation Fund; and
(3) An amount equal to the amount paid to the bond supplement reserve under subsection (b)(2) of this section from the assessment under § 15-509(d) of this subtitle has been remitted to the fiscal authority of the county in which the coal was removed.
(e) At the end of any month when the amount of money in the bond supplement reserve is reduced below $500,000:
(1) The assessment under § 15-509(d) of this subtitle shall resume; and
(2) Deposits into the bond supplement reserve of the amounts in subsection (b)(1), (2), and (3) of this section shall resume.
(f) The Secretary shall notify each county when remitting or suspending the remittance of the amount under § 15-509(b)(2) of this subtitle.
(g) The Secretary shall meet and confer with the Land Reclamation Committee at least 30 days before procuring any services for which funds from the bond supplement reserve will be used, and shall provide the Committee an opportunity to submit comments and recommendations about the proposed expenditure.
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