Md. Code Regs. 26.13.07.19-1 - Administrative Procedures - Preapplication Requirements

A. Applicability.

(1) The requirements of this regulation apply to persons seeking, under this chapter:

(a) An initial permit for a hazardous waste management unit at a CHS facility; or

(b) Renewal of a permit for a hazardous waste management unit at a CHS facility for which the applicant is proposing a change in facility operations that would qualify as a Class 3 permit modification under 40 CFR § 270.42.

(2) The requirements of this regulation do not apply to persons seeking:

(a) Permit modifications under Regulations .11 or .13-.13-3 of this chapter;

(b) Permit applications submitted under this chapter for the sole purpose of seeking authorization to conduct post-closure activities or post-closure activities and corrective action at a facility; or

(c) Renewal of a CHS facility permit for which the applicant is proposing no change in facility operations that would qualify as a Class 3 permit modification under 40 CFR § 270.42.

B. Preapplication Meeting. Persons subject to this regulation shall:

(1) Do the following before submitting a CHS facility permit application:

(a) Hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities; and

(b) Give persons attending the meeting required by §B(1)(a) of this regulation a means to voluntarily provide the prospective permit applicant with their names and addresses by posting a sign-in sheet or using some other mechanism; and

(2) In accordance with the requirements of Regulation .02D(39) of this chapter, submit the following information as part of the application for a CHS facility permit:

(a) A summary of all preapplication meetings held in accordance with §B(1)(a) of this regulation;

(b) The lists of names and addresses of persons who attended the preapplication meetings developed in accordance with §B(1)(b) of this regulation; and

(c) Copies of any written comments or materials submitted by the public at the meetings.

C. Public Notice for Preapplication Meetings. Persons subject to this regulation shall:

(1) Provide public notice of a preapplication meeting scheduled in accordance with §B(1)(a) of this regulation at least 30 days before the meeting;

(2) Maintain, and provide to the Department on request, documentation of the notice required by §C(1) of this regulation;

(3) Use the following to provide the public notice required by §C(1) of this regulation and transmit the information required by §C(5) of this regulation:

(a) A newspaper advertisement, published as a display ad, in a newspaper of general circulation:

(i) In the county or equivalent jurisdiction in which the proposed facility will be located or in which the proposed activity will take place; and

(ii) In counties or equivalent jurisdictions adjacent to the county in which the proposed facility will be located or in which the proposed activity will take place, if the Secretary determines that publication in one or more adjacent jurisdictions is necessary to inform the affected public and the Secretary so informs the prospective applicant;

(b) A clearly marked, visible, and accessible sign that is:

(i) Posted at or near the site of the proposed facility or the facility at which the proposed activity will take place; and

(ii) Large enough to be read from the nearest point where the public would pass by the site, if the prospective applicant places the sign on the property of the facility or proposed facility; and

(c) A broadcast media announcement at least once on:

(i) At least one local radio station or television station; or

(ii) Another medium the Secretary approves in writing before the announcement is broadcast;

(4) Send a copy of the newspaper notice required by §C(3)(a) of this regulation to:

(a) The unit in the Department responsible for issuing CHS facility permits;

(b) The appropriate units of State government having any authority under State law with respect to the construction or operation of the facility; and

(c) Any unit of local government having jurisdiction over the area where the facility is located or proposed to be located; and

(5) Assure that the notices required by §C(3) of this regulation include:

(a) The date, time, and location of the meeting;

(b) A brief description of the purpose of the meeting;

(c) A brief description of the facility and proposed operations, including the address of the facility or a map with detail to the level of neighborhood streets showing the location of the facility;

(d) A statement encouraging persons to contact the prospective applicant at least 72 hours before the meeting if they need special accommodations to be able to participate in the meeting; and

(e) The name, address, and telephone number of a representative of the prospective applicant.

Notes

Md. Code Regs. 26.13.07.19-1