§ 7-406. Application process
West's Annotated Code of MarylandEnvironmentEffective: April 13, 2021
Effective: April 13, 2021
MD Code, Environment, § 7-406
§ 7-406. Application process
(a) Each application for a certificate submitted to the Board shall contain a report with information of the type, quality, and detail that will permit adequate consideration of the environmental, social, technical, and economic factors involved in the establishment and operation of the proposed facilities. The applicant shall make the report available to affected subdivisions and to the public.
(b)(1) On receipt of the application for a certificate the Board shall forward a copy of that application to the Department. The Department shall consider the application for a certificate as an application for the facility permit that is required under this article.
(c)(1) The portion of the applicant's report dealing with environmental and social assessments shall contain, but not be limited to:
(i) The potential impact of the method and route of transportation of hazardous or low-level nuclear waste to the site and the potential impact of the establishment and operation of the proposed facility on air and water quality, existing land use, transportation, and natural resources in the area affected by proposed facilities;
(d) Acceptance by the Board of any application for processing does not preclude the Board from requiring further information from the applicant if the Board considers the additional information necessary for adequate consideration of the application.
(e)(1) The Board shall adopt regulations describing and governing the procedure for obtaining a certificate, including procedures under paragraph (2) of this subsection. The provisions of this section do not exempt the Board from the requirements of Title 10, Subtitles 1 and 2 of the State Government Article.
(ii) Permit a person to request a hearing under Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act1 - Contested Cases), if the person makes factual allegations with sufficient particularity to demonstrate that:
1. The person is aggrieved by the decision; and
2. The decision is:
A. Legally inconsistent with any provision of law applicable to the decision being challenged; or
B. Based upon an incorrect determination of a relevant and material fact;
(f)(1) At least 90 days prior to issuance of a certificate, the Board shall seek the advice and comment of the following:
(g)(1) Before it may issue a certificate, the Board shall hold an informational meeting in the subdivision in which the proposed site is to be located for the purpose of receiving advice and comments from the public.
(h)(1) The Board shall make a decision to issue or deny a certificate within 6 months of receipt of an application and any additional information required under this section, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.
(i) The Board shall set by rule and regulation a reasonable schedule of fees necessary to recover the costs of processing applications and issuing certificates under this subtitle.
(j) On issuance of a certificate the Board shall file a copy of that certificate with the Secretary to the Board and the Secretary of State. Copies of the certificate shall be sent by the Secretary to the Board to:
(k) The Board shall maintain records of its transactions including the applications and supporting data submitted by those seeking certificates from the Board and any other technical data considered in issuing or denying a certificate. These records are public records for the purposes of Title 4 of the General Provisions Article.
Credits
Added by Acts 1980, c. 528. Amended by Acts 1981, c. 550; Acts 1982, c. 770, § 4; Acts 1983, c. 8; Acts 1983, c. 388; Acts 1984, c. 255; Acts 1986, c. 5, § 4; Acts 1987, c. 11, § 2; Acts 1987, c. 306, § 3; Acts 1987, c. 311; Acts 1989, c. 540, § 1; Acts 1990, c. 6, § 2; Acts 1993, c. 59, § 2; Acts 1993, c. 149, §§ 1, 2; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1995, c. 120, § 19, eff. July 1, 1995; Acts 1997, c. 16, § 1, eff. April 8, 1997; Acts 2000, c. 209, § 2, eff. July 1, 2000; Acts 2003, c. 347, § 1, eff. Oct. 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2016, c. 8, § 5; Acts 2019, c. 8, § 5; Acts 2021, c. 109, § 5.
Footnotes
State Government § 10-101 et seq.
MD Code, Environment, § 7-406, MD ENVIR § 7-406
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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