Md. Code Regs. 26.20.14.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.20.14.09 - Procedures for Release of Bonds

A. Application for Release.

(1) The permittee may file an application with the Bureau for release of all or part of the bond required under Regulation .01A of this chapter for a particular permit in accordance with Regulation .08D of this chapter. Applications may be filed only at times or seasons that allow the Bureau to evaluate properly the reclamation operations presented in the applications as having been completed. These times and seasons will be identified by the Bureau.

(2) The application shall include copies of letters sent to adjoining property owners, surface owners, local government bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality of the permit area, notifying them of:

(a) The permittee's intention to seek release of performance bonds; and

(b) The permittee's opportunity to submit comments or objections, or request an informal conference.

(3) For the purpose of §A(2) of this regulation, "adjoining property owners" means a property owner whose property touches or bounds the permit area, or whose property boundary is within 300 feet of the permit area.

(4) Within 30 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by §B of this regulation. The proof of advertisement shall be considered part of the bond release application.

(5) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of Environment Article, Title 15, Subtitle 5, Annotated Code of Maryland, the Regulatory Program, and the approved reclamation plan. A certification shall be submitted for each application or phase of bond release.

B. Advertisement of Filing of Application.

(1) At the time of filing of an application for bond release, the permittee shall advertise the filing of the application in a newspaper of general circulation in the county of the permit area.

(2) The advertisement shall:

(a) Be placed in the newspaper at least once a week for 4 consecutive weeks;

(b) Identify the name of the permittee, the number of the permit and the issuance date of the permit;

(c) Identify the location and the number of acres of the lands subject to the application;

(d) Identify the type and amount of bond filed on the permit and the total amount of bond for which release is sought;

(e) Identify the type and dates of reclamation work performed; and

(f) State that written comments or objections may be submitted to the office of the Bureau, provide the address of the Bureau's office, and the closing date by which comments, objections, and requests must be received.

C. Written comments, objections, or requests for an informal conference to a proposed bond release may be filed with the Bureau by any person within 30 days following the last advertisement of the filing of the application.

D. Inspection by the Bureau. The Bureau shall inspect and evaluate the reclamation work involved within 30 days after receiving a complete application for bond release, or as soon after that as weather conditions permit. The surface owner, or agent, or lessee shall be given notice of this inspection and may participate with the Bureau in making the inspection.

E. Informal Conferences.

(1) The Bureau shall schedule a conference if written objections are filed and a conference is requested. The conference shall be held at the offices of the Bureau.

(2) Notice of an informal conference shall be published in a newspaper of general circulation in the locality of the conference, at least 2 weeks before the date of the conference.

(3) The Bureau shall set a date for inspection of the permit area by any party to an informal conference, and include information on participation in this inspection in the notice published under §E(2) of this regulation.

(4) The informal conference shall be held within 30 days from the date of notice.

(5) An electronic or stenographic record shall be made of the conference and the record maintained for access by the parties, until final release of the bond.

F. In determining whether to release all or part of a bond, the Bureau shall consider:

(1) Whether the permittee has met the criteria for release;

(2) The degree of difficulty in completing any remaining reclamation, or restoration work: and

(3) Whether pollution of surface and subsurface water is occurring, the probability of future pollution or the continuance of any present pollution, and the estimated cost of abating any pollution.

G. If no informal conference has been held, the Bureau shall notify the permittee, anyone who filed comments or objections, and any other known interested parties, in writing, of its decision as to whether to release all or part of the bond within 60 days from the receipt of the completed application, or within 30 days from the close of the public comment period, whichever occurs last.

H. If there has been an informal conference, the notification of the decision shall be made to the permittee and all interested parties within 30 days after conclusion of the conference.

I. The notice of the decision shall state the reasons for the decision, recommend any corrective actions necessary to secure the release, and indicate the requirements for requesting an adjudicatory hearing pursuant to Regulation .11 of this chapter.

J. The Bureau may not release a bond until:

(1) The town, city, or other municipality nearest to the operation, or the county in which the operation is located, has received at least 30 days notice of a proposed release by certified mail; and

(2) The right to request an adjudicatory hearing has not been exercised, or a final decision of the Bureau has been entered approving the release after an adjudicatory hearing.

Md. Code Regs. 26.20.14.09

Regulations .09 were previously codified as COMAR 08.13.09.15 a A_M, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .09 amended effective August 15, 1994 (21:16 Md. R. 1382)
Regulation .09A amended effective July 8, 2002 (29:13 Md. R. 993)
Regulation .09B amended effective March 22, 1999 (26:6 Md. R. 488)