US Lawyer Database

Section 7-401 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Board” means the Hazardous Waste Facilities Siting Board.     (c)    “Certificate” means a certificate of public necessity issued by the Board.     (d)    “Facility” means any structure, equipment, machinery, bins, tanks, pipes, pumps, conveyors, wells, trenches, pits, or cells used for treatment, processing, reconditioning, exchange, incidental storage in connection […]

Section 7-402 – Purpose of Subtitle; Location of Facilities Subject to Certain Considerations

    (a)    (1)    The purpose of this subtitle is to protect the public health and the environment by ensuring the availability of sites and properly designed facilities to dispose of, reuse, recycle, incinerate, or otherwise render nonhazardous, hazardous waste materials and to eliminate illegal dumping or improper disposal. It is the further purpose of this subtitle to achieve […]

Section 7-403 – Hazardous Waste Facilities Siting Board

    (a)    There is a Hazardous Waste Facilities Siting Board.     (b)    (1)    The Board consists of 8 members appointed by the Governor who shall represent the various geographical areas of the State. No more than one member of the Board shall be a resident of the same county or of Baltimore City.         (2)    Of the 8 members:             (i)    Two shall be […]

Section 7-404 – Rules and Regulations

    In addition to the powers set forth elsewhere in this subtitle, the Board may adopt rules and regulations to carry out the provisions of this subtitle.

Section 7-405 – Certificates of Public Necessity — in General

    (a)    (1)    Subject to the provisions of this subtitle, the Board shall issue certificates of public necessity:             (i)    For the siting of hazardous waste facilities; and             (ii)    For the siting of low-level nuclear waste facilities.         (2)    A certificate under this subtitle is not required if a site and facility are otherwise authorized by law.         (3)    A certificate is not required for […]

Section 7-406 – Certificates of Public Necessity — Application; Issuance

    (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 […]

Section 7-407 – Application of Other Requirements

    Regardless of whether a site and facility are approved by a subdivision or are certified under this subtitle:         (1)    All other requirements for permits by State health or any other State regulatory agency remain applicable; and         (2)    All other State environmental, health, and safety restrictions shall apply, as provided in § 7-405(c) of this subtitle.

Section 7-408 – Failure to Commence Construction or Operation

    (a)    A certificate automatically shall be null and void if:         (1)    Construction or other preparation of the site for its intended use of the facility for which the certificate was issued has not commenced within 2 years following issuance of the certificate; or         (2)    The facility has not commenced operation within 4 years following issuance of the certificate. […]

Section 7-409 – Unit of Department of the Environment; Powers of Board; Informational Services

    (a)    The Board shall be a unit of the Department for purposes of executive organization.     (b)    The Board has all powers necessary for carrying out the purposes of this subtitle, including but not limited to the powers set forth in this section, and may:         (1)    Make any contract or agreement the Board determines to be necessary or incidental […]

Section 7-410 – Inventory of Potential Sites; Filings Required by Service

    (a)    (1)    (i)    1.    In consultation with the appropriate agencies of State and local government, the Service shall prepare by June 1, 1981, an initial inventory of potential hazardous waste facility sites and a program for utilizing these sites that appear suitable for and capable of meeting disposal demands.                 2.    In consultation with the appropriate agencies of State and local […]