(a) (1) The Department shall serve written notice of a violation on the permittee or person required to have a permit, specifying the facts constituting the apparent violation if the Department has reason to believe that a violation of this subtitle, any rules or regulations adopted under this subtitle, or the terms and conditions of a permit, including the approved mining and reclamation plan has occurred.
(2) The Department also shall inform the permittee or person required to have a permit of the right to a hearing. Subsequent to or concurrent with service of the written notice, the Department may suspend the permit or issue an order requiring necessary corrective actions be taken within the time prescribed in its order.
(b) Any person that receives a notice of suspension or violation or an order under this section may request in writing a hearing before the Department not later than 10 days after the date the order is served, in which case a hearing shall be scheduled within 10 days from receipt of the request. The permittee or person required to have a permit may appear at the hearing, either personally or through counsel, and present evidence. The Department shall render a decision regarding the violation within 30 days from the date of the hearing.
(c) The Department may revoke the permit if the violation is not corrected.
(d) Any permittee whose permit is suspended or revoked shall be denied a new permit or a renewal of the old permit to engage in mining until the permittee has complied fully with:
(1) The provisions of this subtitle;
(2) Any regulations adopted under this subtitle; and
(3) The terms and conditions of the permittee’s permit, including any modifications, and the approved mining and reclamation plan, and until the permittee has satisfactorily corrected all previous violations.
Structure Maryland Statutes
Section 15-802 - Legislative Intent
Section 15-804 - Review of Mineral Resources Plans
Section 15-805 - Surface Mined Land Reclamation Fund
Section 15-806 - Surface Mine Inspectors
Section 15-807 - Surface Mining License
Section 15-808 - Surface Mining Permit Generally
Section 15-809 - Review of Application and Accompanying Documents; Notice; Hearing
Section 15-810 - Approval or Denial of Permit
Section 15-811 - Conditions for a Permit
Section 15-813 - Permit Conditions for Dewatering a Pit in Karst Terrain
Section 15-814 - Length of Term of Permit
Section 15-815 - Permit Modification
Section 15-816 - Permit Renewal
Section 15-817 - Effective Date of Modification or Renewal
Section 15-818 - New Permit in Lieu of Modification or Renewal
Section 15-819 - Transfer of Permit
Section 15-820 - Departmental Modification of Permit or of Mining and Reclamation Plan
Section 15-821 - Suspension or Revocation of a Permit
Section 15-822 - Mining and Reclamation Plan
Section 15-823 - Performance Bonds or Cash Deposits
Section 15-824 - Release of Bond
Section 15-825 - Forfeiture of Bond
Section 15-826 - Mining After Forfeiture of Bond
Section 15-827 - Annual Mining and Reclamation Reports
Section 15-828 - Inspection and Approval of Reclamation
Section 15-829 - Abandoned or Halted Operations
Section 15-830 - Final Completion Inspection and Report
Section 15-831 - Specifications for Construction Projects
Section 15-832 - Civil Action and Injunction