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§ 1-601. Scope of subtitle

West's Annotated Code of MarylandEnvironmentEffective: April 24, 2023 to June 30, 2028

West's Annotated Code of Maryland
Environment
Title 1. Definitions; General Provisions; Enforcement (Refs & Annos)
Subtitle 6. Public Participation in the Permitting Process (Refs & Annos)
Effective: April 24, 2023 to June 30, 2028
MD Code, Environment, § 1-601
§ 1-601. Scope of subtitle
<Section effective until July 1, 2028. See, also, section 1-601 effective July 1, 2028.>
Permits covered
(a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle:
(1) Air quality control permits to construct subject to § 2-404 of this article;
(2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9-209 of this article;
(3) Permits to discharge pollutants to waters of the State issued pursuant to § 9-323 of this article;
(4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9-234.1 or § 9-238 of this article;
(5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7-232 of this article;
(6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7-103 of this article;
(7) Permits to own, operate, establish, or maintain a low-level nuclear waste facility issued pursuant to § 7-233 of this article; and
(8) Potable reuse permits issued in accordance with § 9-303.2 of this article.
Contested case hearings
(b) For permits listed under subsection (a) of this section, a contested case hearing may not occur.
Judicial review
(c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that:
(1) Meets the threshold standing requirements under federal law; and
(2)(i) Is the applicant; or
(ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.
Scope of review
(d)(1) 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 that:
(i) The objections were not reasonably ascertainable during the comment period; or
(ii) Grounds for the objections arose after the comment period.
(2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.
Venue
(e)(1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.
(2) The decision of the circuit court may be appealed to the Appellate Court of Maryland.
Consolidation of meetings or hearings; location
(f)(1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings.
(2)(i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph.
(ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet-based conferencing technology unless:
1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or
2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1-603(c)(1) and 1-604(a)(4)(i) of this subtitle that the meeting or hearing be held in person.
(iii) If the Department holds an in-person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies.
(iv) To protect public health and safety, the Department is not required to hold an in-person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of:
1. The federal or State government; or
2. The local government with jurisdiction over a county or municipality where the in-person meeting or hearing would otherwise be held.

Credits

Added by Acts 1993, c. 59, § 2. Amended by Acts 1999, c. 519, § 1, eff. Oct. 1, 1999; Acts 2009, c. 650, § 2, eff. Jan. 1, 2010; Acts 2009, c. 651, § 2, eff. Jan. 1, 2010; Acts 2012, c. 358, § 1, eff. May 2, 2012; Acts 2013, c. 43, § 5; Acts 2022, c. 93, § 1, eff. Oct. 1, 2022; Acts 2023, c. 49, § 6; Acts 2023, c. 122, § 1, eff. April 24, 2023; Acts 2023, c. 123, § 1, eff. April 24, 2023.
MD Code, Environment, § 1-601, MD ENVIR § 1-601
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document