Md. Code Regs. 26.13.07.20 - Administrative Procedures - Permit Applications and Modifications
A. Application for
a Permit.
(1) Any person who requires a
permit shall complete, sign, and submit an application to the
Secretary.
(2) The Secretary may
not begin the processing of a permit until the applicant has fully complied
with the application requirements.
(3) Permit applicants shall comply with the
signature and certification requirements of Regulation .03 of this
chapter.
(4) The Secretary shall
review for completeness each application for a permit in accordance with the
following:
(a) The Secretary should review
for completeness each application for a permit submitted by a hazardous waste
management facility within 60 days of its receipt;
(b) On completing the review, the Secretary
shall notify the applicant in writing whether the application is
complete;
(c) If the application is
incomplete, the Secretary shall list the information necessary to make the
application complete; and
(d) After
the application has been determined to be complete by the Secretary:
(i) The Secretary may request additional
information from an applicant only when necessary to clarify, modify, or
supplement previously submitted material; and
(ii) Requests by the Secretary for additional
information may not render an application incomplete.
(5) If an applicant fails or
refuses to correct deficiencies in the application, the permit may be denied
and appropriate enforcement actions may be taken under the applicable statutory
provision in the State statutes.
(6) If the Secretary decides that a site
visit is necessary for any reason in conjunction with the processing of an
application, the Secretary shall notify the applicant and schedule a
visit.
(7) The effective date of an
application is the date on which the Secretary notifies the applicant that the
application is complete as provided in §A(4) of this regulation.
(8) Project Decision Schedule.
(a) For each application from a major
hazardous waste management facility, the Secretary shall, not later than the
effective date of the application, prepare and mail to the applicant a project
decision schedule.
(b) The
Secretary shall specify in the schedule target dates by which the Secretary
intends to:
(i) Prepare a draft
permit;
(ii) Give public
notice;
(iii) Complete the public
comment period, including any public hearing; and
(iv) Issue a final permit.
B.
Modifications, Revocation and Reissuance, or Termination of Permits.
(1) General.
(a) Permits may be modified, revoked and
reissued, or terminated either:
(i) At the
request of an interested person, including the permittee; or
(ii) On the Secretary's initiative.
(b) Permits may only be modified,
revoked and reissued, or terminated for the reasons specified in Regulations
.11 and 12 of this chapter.
(c) A
person requesting modification, revocation and reissuance, or termination of a
permit shall make the request in writing and shall include with the request
facts or reasons supporting the request.
(2) Denial of Request.
(a) If the Secretary decides that a request
made under §B(1)(c) of this regulation is not justified, the Secretary shall
send the requester a brief written response giving a reason for the decision
and shall offer an opportunity for a contested case hearing, in accordance with
Maryland's Administrative Procedure Act, State Government Article, §
10-201 et seq.,
Annotated Code of Maryland, and the procedures in Regulation .20-5B of this
chapter.
(b) Denials of requests
for modification, revocation and reissuance, or termination are not subject to
public hearing notice or comment.
(3) Tentative Decision to Modify or Revoke
and Reissue.
(a) If the Secretary tentatively
decides to modify or revoke and reissue a permit under Regulation .11 of this
chapter, the Secretary shall prepare a draft permit under Regulation .20-1A of
this chapter, incorporating the proposed changes.
(b) The Secretary may request additional
information and, in the case of a modified permit, may require the submission
of an updated permit application.
(c) In the case of revoked and reissued
permits, the Secretary shall require the submission of a new
application.
(4)
Reopening Permit Conditions.
(a) Permit
Modification. In a permit modification under this regulation:
(i) Only those conditions to be modified
shall be reopened when a new draft permit is prepared; and
(ii) All other aspects of the existing permit
shall remain in effect for the duration of the unmodified permit.
(b) Permit Revocation and
Reissuance.
(i) When a permit is revoked and
reissued under this regulation, the entire permit is reopened just as if the
permit had expired and was being reissued.
(ii) During any revocation and reissuance
proceeding, the permittee shall comply with all conditions of the existing
permit until a new final permit is reissued.
(5) Modifications identified as minor under
Regulations .13-1-.13-3 of this chapter are not subject to the requirements of
this regulation but are instead processed in accordance with Regulation .13 of
this chapter.
(6) Notice of Intent
to Terminate.
(a) If the Secretary tentatively
decides to terminate a permit under Regulation .12 of this chapter, the
Secretary shall issue a notice of intent to terminate.
(b) A notice of intent to terminate is a type
of draft permit that follows the same procedures as a draft permit prepared
under Regulation .20-1A of this chapter.
Notes
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