§ 33-2-209. SURFACE MINING.

(a)

Siting of surface mining.

(1)

Surface mining operations in the Chesapeake Bay Critical Area shall be sited to minimize pollution from sedimentation and siltation, chemical and petrochemical use and spillage, noise and the storage or disposal of wastes, dusts and spoils.

(2)

The operation shall be conducted to allow the rapid reclamation of the site, including the wash ponds, when the operation has terminated.

(b)

Requirements for operations. Surface mining operations, including access roads, accessory or related improvements, equipment and storage areas:

(1)

Shall comply with the wetland, buffer, and habitat protection requirements in Subtitles 3, 4, and 5 of this title;

(2)

May not be authorized if the surface mining activity would prevent the use of the site for agricultural or forestry purposes for more than 25 years;

(3)

Shall, upon completion of the surface mining operation, return the property to a condition capable of sustaining agricultural or forest use or to another use allowed by the Chesapeake by Critical Area land use classification in which the operation occurs; and

(4)

Shall incorporate a multipurpose berm or buffer to protect neighboring residential properties from pollutants.

(c)

Self-containment. Wash plants including ponds, spoil piles and associated equipment must be hydrologically self-contained, unless it can be conclusively proven to the Department of Environmental Protection and Sustainability that there will be no risk of water quality degradation.

(1988 Code, § 14-265) (Bill No. 10-96, § 1, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 75-03, § 45, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)