§ 38-1. Definitions.
§ 38-2. County policy.
§ 38-3. Effect of Chapter on other laws.
§ 38-4. Right of entry by director, police, etc.; enforcement.
§ 38-5. License required; issuance and renewal.
§ 38-5A. Annual license review.
§ 38-6. Liability insurance and performance bond required.
§ 38-7. Notices to comply; revocation or suspension of licenses.
§ 38-8. Summary action by director to suspend or revoke license.
§ 38-9. Appeals from action of Director.
§ 38-10. Barriers; setback.
§ 38-11. Site plan.
§ 38-12. Water quality.
§ 38-13. Vibrations and blasting.
§ 38-14. Noise.
§ 38-15. Air quality.
§ 38-16. Access roads.
§ 38-17. Hours of operation.
§ 38-18. Abandonment.
§ 38-19. Trespass.
§ 38-20. Penalty for violation of chapter; injunctive relief.
Notes
| [Note] | *Editor's note-Chapter 38 is cited in Rockville Crushed Stone, Inc. v. Montgomery County, 78 Md.App. 176, 552 A.2d 960 (1989). In its amendment of ch. 38, 1992 L.M.C. ch. 1, § 1, repealed certain sections and renumbered other sections. The editor has retained the history note as it accompanied the section prior to its renumbering and has included a note giving the former section number. |
In this chapter, the following terms have the following meanings:
(a) Abandoned area:
(1) Any area previously licensed for quarry operations for which no current license has been issued; or
(2) Any licensed quarry area, or part of a licensed area, which has not been operated as a quarry or used for related purposes for 2 years.
(b) Control Equipment: Any stationary or mobile device, or any structure, which reduces air, water, or noise emissions.
(c) Department: The Department of Environmental Protection.
(d) Director: The Director of the Department of Environmental Protection or an employee of the Department of Environmental Protection designated by the Director.
(e) Excess Emissions: Emission of any substance into the air that exceeds any applicable emission standard under any federal, state, or county law or regulation, or any license issued under this Chapter.
(f) Installation: Any structure or equipment, including control equipment, materials handling equipment, processing equipment, or stationary or mobile conveyance equipment, capable of causing or reducing air, water, or noise emissions.
(g) License Boundary: All areas designated in the license application and all other contiguous areas used in conjunction with, or necessary for, quarry operations. License Boundary includes excavations, overburden, berms, stockpiles, installations, processing and materials handling areas, required setback, and drainage areas.
(h) Licensee: Any person to whom a quarry license has been issued under this Chapter, including any agent or contractor of any licensee.
(i) Maintenance: Keeping property and equipment in operating order, and protecting it from failure and deterioration. Maintenance includes repair and associated short-term performance testing of equipment. Maintenance does not include production, handling, or disposal of any quarry product or by-product.
(j) Materials Handling: Any movement or handling of any raw material, processed material, finished product, or quarrying or processing by-product within the license boundary, including the loading of any such material onto any vehicle or other instrument of conveyance.
(k) Minor Quarry: Any quarry that:
(1) has less than 50 acres within the area covered by the license boundary, and
(2) ships less than 400 tons of extracted materials per day, averaged over the previous calendar year.
(l) Processing: Any operation or activity within the license boundary that facilitates conversion of any raw material to finished product. Processing includes handling of any by-product, and operation of any equipment, control equipment, installation, building, structure, or other improvement associated with activities conducted in the license boundary.
(m) Quarry: Any pit, excavation, or mining operation for the purpose of searching for or removing any mineral resource, and later handling and processing of extracted materials and associated by-products within license boundaries. Quarry does not include the excavation or mining of coal to the extent those activities are regulated by the State.
(n) Spillage: Intentional or unintentional deposit of any raw material, product, or by-product on any surface except the loadbearing portion of any vehicle, control equipment, or other equipment. (Mont. Co. Code 1956, § 98-1; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
The operation of a quarry is a legitimate business, but also is a heavy industrial activity which must be carefully regulated. Accordingly, the Director and other enforcement agents must take appropriate measures authorized by this Chapter or rules adopted under it to ensure maximum practicable protection to the environment and the health, safety, and welfare of the public working or living near any quarry subject to this Chapter. (Mont. Co. Code 1965, § 98-2; 1969 L.M.C., ch. 35, § 14; 1972 L.M.C., ch. 16, § 5; 1992 L.M.C., ch. 1, § 1.)
(a) This Chapter is in addition to and does not replace or override any County zoning law or special exception issued under any County zoning law by the County Board of Appeals, or any other applicable state or Federal law relating to the excavation, mining or removal of natural resources.
(b) This Chapter supplements other State and County laws and regulations governing noise, air quality, surface mining, blasting, sediment control, stormwater management, water quality, and mineral resource recovery. If this Chapter conflicts with any other County, State, or Federal law or regulation, the most stringent law or regulation controls. (Mont. Co. Code 1965, § 98-3; 1992 L.M.C., ch. 1, § 1.)
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