1. A. Deep mine operations in the State shall comply with all of the bonding provisions of this chapter unless specifically indicated otherwise in this regulation. This requirement is independent of and in addition to any bonding requirements for these operations under the deep mining provisions of Environment Article, Title 15, Subtitle 6, Annotated Code of Maryland.
2. B. The amount of bond under this chapter shall be calculated with respect to the general surface effects of deep mining controlled by these regulations, and any special considerations as provided in COMAR 26.20.13.
3. C. Bond liability with respect to subsidence shall cover all effects of planned subsidence, and measures undertaken to prevent damage to surface facilities, including construction, site preparation, and relocations. Release of bond coverage for damage from planned subsidence may be obtained upon final inspection and approval by the Bureau, and without regard to the liability period of Regulation .05 of this chapter or criteria for release in Regulation .08 of this chapter.

4. D. When subsidence-related material damage to land, structures, or facilities protected under COMAR 26.20.13.09 occurs, or when contamination, diminution, or interruption to a water supply protected under COMAR 26.20.13.05C occurs, the Bureau shall require the permittee to obtain additional performance bond until the repair, compensation, or replacement is completed, in the amount of:

   1. (1) The estimated cost of the repairs, if the permittee will be repairing;
   2. (2) The decrease in value, if the permittee will be compensating the owner; or
   3. (3) The estimated cost to replace the water supply, if the permittee will be replacing the water supply.

5. E. If the repair, compensation, or replacement is completed within 90 days of the occurrence of damage, no additional bond is required. The Bureau may extend the requirement to post bond beyond 90 days, but not to exceed 1 year, if the permittee demonstrates and the Bureau finds, in writing:

   1. (1) One of the following:

      1. (a) That subsidence is not complete;
      2. (b) That not all probable subsidence-related material damage has occurred to lands or protected structures; or
      3. (c) That not all reasonably anticipated changes have occurred affecting the protected water supply; and
   2. (2) That it would be unreasonable to complete the repair of the subsidence-related material damage to lands or protected structures, or the replacement of protected water supply, within 90 days.

Authority: Environment Article, §§15-503 and 15-603, Annotated Code of Maryland

Effective date:

Regulations .01—.13 were previously codified as COMAR 08.13.09.15A—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 .01 amended effective August 15, 1994 (21:16 Md. R. 1382)

Regulation .05B amended effective August 15, 1994 (21:16 Md. R. 1382)

Regulation .08 amended effective August 15, 1994 (21:16 Md. R. 1382)

Regulation .09 amended effective August 15, 1994 (21:16 Md. R. 1382)

Regulation .10 repealed effective August 15, 1994 (21:16 Md. R. 1382)

Regulation .13 amended effective February 13, 1995 (22:3 Md. R. 152)

Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1382)

Chapter recodified from COMAR 08.20.14 to COMAR 26.20.14, June 1996

Regulation .04 amended effective March 22, 1999 (26:6 Md. R. 488)

Regulation .05 amended effective March 22, 1999 (26:6 Md. R. 488)

Regulation .06 amended effective March 22, 1999 (26:6 Md. R. 488)

Regulation .08D amended effective March 22, 1999 (26:6 Md. R. 488)

Regulation .09A amended effective July 8, 2002 (29:13 Md. R. 993)

Regulation .09B amended effective March 22, 1999 (26:6 Md. R. 488)

Regulation .12D adopted effective March 22, 1999 (26:6 Md. R. 488)

Regulation .13D, E adopted effective March 14, 2005 (32:5 Md. R. 581)