Md. Code Regs. 26.13.07.20-1 - Administrative Procedures-Tentative and Final Determinations
A. Tentative Determinations and Draft
Permits.
(1) Once an application is complete,
the Secretary shall prepare a tentative determination that includes the
following information:
(a) A proposal to issue
or to not issue the permit;
(b) Any
proposed permit limitations and conditions;
(c) A brief explanation of the Department's
tentative determination;
(d) Any
proposed schedule of compliance; and
(e) If the tentative determination is to
issue a permit, a draft permit.
(2) Notice of Intent to Deny.
(a) If the Secretary tentatively decides to
deny the permit application, the Secretary shall issue a notice of intent to
deny, which is a type of draft permit.
(b) A notice of intent to deny is subject to
the same procedures as any draft permit prepared under this section.
(c) If the Secretary's final decision is that
the tentative decision to deny the permit application was incorrect, the
Secretary shall withdraw the notice of intent to deny and proceed to prepare a
draft permit under §A(3) of this regulation.
(3) If the Secretary decides to prepare a
draft permit, the Secretary shall prepare a draft permit that contains the
information described in Regulations .04, .05, .07, .08, .15, and .16 of this
chapter.
(4) Draft Permits-General.
(a) All draft permits shall be:
(i) Accompanied by a statement of basis or
fact sheet, as required by §§B and C of this regulation;
(ii) Based on the administrative record, as
required by §D of this regulation;
(iii) Publicly noticed, as required by
Regulation .20-2 of this chapter; and
(iv) Made available for public comment, as
required by Regulation .20-4A of this chapter.
(b) The Secretary shall:
(i) Give notice of opportunity for the public
hearing, as required by Regulation .20-5A of this chapter;
(ii) Issue a final decision, as required by
Regulation .20-6 of this chapter; and
(iii) Respond to comments, as required by
Regulation .20-4D of this chapter.
(c) An appeal of the final decision may be
made in accordance with Maryland Administrative Procedure Act, State Government
Article, §
10-201 et seq.,
Annotated Code of Maryland, by following the procedures in Regulation .20-6C(3)
of this chapter.
(5) The
Department shall publish a notice of the tentative determination that allows at
least:
(a) 30 days before the Department
holds a public hearing under Regulation .20-5A of this chapter; and
(b) 45 days before the Department:
(i) Issues a final determination under
§E of this regulation; or
(ii)
Makes a final decision to issue or deny a permit, if a final determination is
not required under §E(1) of this regulation.
B. Statement of Basis.
The Secretary shall:
(1) Prepare a statement
of basis for every draft permit for which a fact sheet under §C of this
regulation is not prepared;
(2)
Briefly describe in the statement of basis the derivation of the conditions of
the draft permit and the reasons for them, or, in the case of notices of intent
to deny or terminate, reasons supporting the tentative decision; and
(3) Send the statement of basis to the
applicant and, on request, to any other person.
C. Fact Sheet. The Secretary shall:
(1) Prepare a fact sheet for every:
(a) Draft permit for a major hazardous waste
management facility; and
(b) Permit
that the Secretary finds is the subject of widespread public interest or raises
major issues;
(2)
Briefly set forth in the fact sheet the principal facts and the significant
factual, legal, methodological, and policy questions considered in preparing
the draft permit;
(3) Send this
fact sheet to the applicant and, on request, to any other person; and
(4) Include in the fact sheet, when
applicable:
(a) A brief description of the
type of facility or activity which is the subject of the draft
permit;
(b) The type and quantity
of wastes, fluids, or pollutants which are proposed to be or are being treated,
stored, disposed of, injected, emitted, or discharged;
(c) A brief summary of the basis for the
draft permit conditions, including references to applicable statutory or
regulatory provisions and appropriate supporting references to the
administrative record required by §D of this regulation;
(d) Reasons why any requested variances or
alternatives to required standards do or do not appear justified;
(e) A description of the procedures for
reaching a final decision on the draft permit, including:
(i) The beginning and ending dates of the
comment period under Regulation .20-2 of this chapter, and the address where
comments will be received;
(ii)
Procedures for requesting a hearing and the nature of that hearing;
and
(iii) Any other procedures by
which the public may participate in the final decision; and
(f) The name and telephone number
of a person to contact for additional information.
D. Administrative Record for Draft
Permits.
(1) The provisions of a draft permit
prepared by the Department under §A of this regulation shall be based on
the administrative record defined in this regulation.
(2) For preparing a draft permit under
§A of this regulation, the record shall consist of:
(a) The application, if required, and any
supporting data furnished by the applicant;
(b) The draft permit or notice of intent to
deny the application or to terminate the permit;
(c) The statement of basis or fact
sheet;
(d) All documents cited in
the statement of basis or fact sheet; and
(e) Other documents contained in the
supporting file on the draft permit.
(3) Material readily available at the
Department or published material that is generally available, and that is
included in the administrative record under §D(2) of this regulation, need
not be physically included with the rest of the record as long as it is
specifically referred to in the statement of basis or the fact sheet.
(4) This section applies to all draft permits
for which public notice was given after January 31, 1983.
(5) The Department shall assure that, except
for materials that have been designated confidential business information, the
administrative record for a draft permit is available to the public for
inspection and copying.
E. Final Determination.
(1) The Department shall prepare a final
determination if:
(a) Written comments adverse
to the tentative determination were received by the Department within 45 days
after the publication of the notice of tentative determination;
(b) Comments adverse to the tentative
determination were received in writing at, or within 5 days after, the public
hearing held under Regulation .20-5A of this chapter;
(c) Comments adverse to the tentative
determination were received orally at the public hearing held under Regulation
.20-5A of this chapter; or
(d) The
final determination is substantively different from the tentative determination
and all persons aggrieved by the final determination have not waived, in
writing, their right to request a contested case hearing.
(2) If the Department is required to prepare
a final determination under §E(1) of this regulation, the Department shall
publish a notice of the final determination.
(3) If the Department is not required to
prepare a final determination under §E(1) of this regulation, the
tentative determination is a final decision by the Department when the permit
is issued or denied.
Notes
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