§ 7-405. Certificates of public necessity generally
West's Annotated Code of MarylandEnvironment
MD Code, Environment, § 7-405
§ 7-405. Certificates of public necessity generally
(a)(1) Subject to the provisions of this subtitle, the Board shall issue certificates of public necessity:
(b) In deciding whether to issue a certificate, the Board shall consider but not be limited to the following:
(c) The design, construction, and operation of a facility on a site for which a certificate has been issued, and the associated transportation of hazardous or low-level nuclear waste to and from the facility, shall be subject to all environmental, health, and safety restrictions that may be imposed by State regulatory agencies under applicable law and regulation.
(d)(1) The issuance of a certificate of public necessity for a site exempts the site, the design, construction, and operation of the facilities on the site, and the transportation of hazardous or low-level nuclear waste to and from the facilities on the site from any regulation, policy, law, or ordinance, including zoning, of any political subdivision of this State, and from any State law or regulation that requires approval of any political subdivision of this State.
(e) The issuance of a certificate does not require the approval of any county or municipal council, board, authority, or unit. Any plan for management of liquid, solid, hazardous, or low-level nuclear waste adopted by any subdivision of the State shall be consistent with the terms of the certificate.
(f) The certificate shall contain a statement of the purpose for which it is issued and a description of the site and proposed facility, and shall indicate the locations on the site of all facilities, all buffer and security areas, and all areas to be used for appurtenant functions.
(g) A certificate is valid only for the site and facility for which it is issued.
(h)(1) A person may not make any material change that, as to a facility or the use of a site, is contrary to the purpose or conditions for which a certificate was issued, unless:
Credits
Added by Acts 1980, c. 528. Amended by Acts 1981, c. 550; Acts 1982, c. 785, § 2; Acts 1987, c. 306, § 15; Acts 1987, c. 612, § 2; Acts 1988, c. 6, § 11; Acts 1993, c. 149, §§ 1, 2.
MD Code, Environment, § 7-405, MD ENVIR § 7-405
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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