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§ 2-404.1. Judicial review

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 2. Ambient Air Quality Control (Refs & Annos)
Subtitle 4. Permits and Registration
MD Code, Environment, § 2-404.1
§ 2-404.1. Judicial review
Currentness
Standing
(a) Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 19901 is subject to judicial review by any person who:
(1) Meets the threshold standing requirements under federal constitutional law; and
(2) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation.
Manner and scope of review
(b) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates:
(1) That the objections were not reasonably ascertainable during the comment period; or
(2) That grounds for the objections arose after the comment period.
Venue
(c) Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business.
Operating permits
(d)(1) An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.
(2) Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits.

Credits

Added by Acts 2002, c. 437, § 1, eff. May 16, 2002; Acts 2002, c. 438, § 1, eff. May 16, 2002.

Footnotes

1
Pub.L. 101-549, Nov. 15, 1990, 104 Stat. 2399.
MD Code, Environment, § 2-404.1, MD ENVIR § 2-404.1
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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