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§ 15-807. Surface mining license

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 15. Mines and Mining (Refs & Annos)
Subtitle 8. Surface Mining
MD Code, Environment, § 15-807
§ 15-807. Surface mining license
Currentness
Required
(a) Except as otherwise provided in this subtitle, a person may not engage in surface mining within the State without first obtaining a surface mining license.
Application
(b) An application for a license shall be in writing and on a form prepared and furnished by the Department. If the application is made by a corporation, partnership, or association it shall contain information concerning its officers, directors, and principal owners, as the Department reasonably requires.
Fee and license renewal
(c) The application shall be accompanied by a $300 fee. The license shall be renewable annually, and the renewal fee is $150. The application for renewal shall be made annually by January 1.
Department not to issue or renew under certain circumstances
(d) The Department may not issue any new surface mining license or renew any existing surface mining license to any person if it finds, after investigation, that the applicant has failed and continues to fail to comply with any of the provisions of this subtitle.
Exceptions to license requirement
(e) A license under this section is not required for the following activities:
(1) Those aspects of deep mining that do not have a significant effect on the surface, if the affected land does not exceed 3 acres in area;
(2) Operations engaged in processing minerals;
(3) Excavation or grading conducted solely in aid of on-site farming or on-site construction for purposes other than surface mining;
(4) Removal of overburden and mining of limited amounts of any mineral when done only for the purpose of prospecting and to the extent necessary to determine the location, quantity, or quality of any natural deposit, if no minerals are sold, processed for sale, or consumed in the regular operation of business;
(5) The handling, processing, or storage of slag and stone on the premises of a manufacturer as a part of any manufacturing process that requires stone as a raw material or produces slag as a by-product;
(6) The extraction of minerals by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner;
(7) Mining operations if the affected land does not exceed 1 acre in area;
(8) Dredging from submerged public or private lands in the State if this activity is conducted under a license from the State Board of Public Works or by permit from the Department, as provided for in Title 16 of this article; or
(9) The extraction of sand, gravel, rock, stone, earth, or fill from borrow pits for highway construction purposes or other public facilities, if the work is performed under a bond, a contract, and the specifications of the Department that require reclamation of the area affected in the manner provided by this subtitle.
Penalty
(f) Any person who violates the provisions of this section is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $10,000. The fine shall be paid to the Surface Mined Land Reclamation Fund.

Credits

Added by Acts 1975, c. 581. Amended by Acts 1985, c. 668; Acts 1992, c. 416. Renumbered from Natural Resources § 7-6A-06 by Acts 1995, c. 488, § 2, eff. July 1, 1995. Amended by Acts 1995, c. 488, § 16, eff. July 1, 1995.
MD Code, Environment, § 15-807, MD ENVIR § 15-807
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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