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
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