Home Table of Contents

§ 7-412. Review

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 4. Hazardous Waste Facility Siting Program (Refs & Annos)
MD Code, Environment, § 7-412
§ 7-412. Review
Currentness
In general
(a) Any interested party, including a prospective user of a hazardous or low-level nuclear waste facility site who generates hazardous or low-level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Appellate Court of Maryland.
Preference given to issues in an appeal from a decision of the Board
(b) Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts.
Standard of review
(c) In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be:
(1) In violation of constitutional provisions;
(2) Made on unlawful procedure;
(3) Arbitrary and capricious; or
(4) Affected by other error of law.

Credits

Added by Acts 1980, c. 528. Amended by Acts 1981, c. 550; Acts 1991, c. 50, § 2; Acts 1993, c. 149, § 1; Acts 2023, c. 49, § 6.
MD Code, Environment, § 7-412, MD ENVIR § 7-412
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.
End of Document