Section 7-102 – Prohibited Acts
Except for pesticides regulated by the Department of Agriculture, a person may not transfer a hazardous material at a facility in this State except in accordance with this title.
Section 7-103 – Permit
(a) A person shall hold a facility permit before the person may own, establish, operate, or maintain a facility in the State that transfers quantities of a single hazardous material that meets or exceeds 100,000 pounds in weight at any time during a calendar year. (b) Any hazardous material or storage tank regulated under Title 4 of […]
Section 7-104 – Regulations
The Secretary may adopt regulations to specify permitting procedures, set permitting fees, establish containment specifications, establish enforcement procedures, and establish any other procedures necessary to carry out the requirements of this subtitle.
Section 7-105 – Permit — Application
To apply for a facility permit, an applicant shall: (1) Submit an application to the Department on the form that the Department requires; and (2) Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.
Section 7-106 – Permit — Prerequisites for Issuance
As a prerequisite to the issuance of a facility permit, the Department shall require an applicant: (1) To provide evidence of financial ability to properly establish, operate, and maintain a facility; (2) To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7-111 of this subtitle; (3) To agree […]
Section 7-107 – Permit — Fees
The Department shall set each facility permit fee on the basis of: (1) The potential threat to the environment posed by the particular materials to be transferred at the facility; (2) The anticipated cost of monitoring and regulating the facility; (3) The anticipated cost of removing and properly disposing of any hazardous material that may escape from the […]
Section 7-108 – Permit — Term
(a) Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at the time of issuance or renewal. (b) Subject to § 7-110 of this subtitle, the Department may deny renewal of a facility permit if the permit holder: (1) Has violated any appropriate law, regulation, order, or permit condition; […]
Section 7-109 – Permit — Public Notice
Before the Department issues a facility permit, the Department shall give public notice of the application and provide opportunity for a public informational meeting.
Section 7-110 – Permit — Denial of Application or Renewal
The Department may deny an application for a facility permit or for a renewal of a facility permit if the Department finds that: (1) The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or (2) The owner of the land or of the facility, or any person making […]
Section 7-111 – Permit — Requirements
As a requirement for keeping the facility permit, each facility permit holder shall: (1) Maintain a bond or other security that the Department considers sufficient to cover any cost for: (i) Guaranteeing fulfillment of all requirements related to the facility permit; (ii) Monitoring, maintaining, or closing the facility; and (iii) Assuring the security of the facility after closing; (2) Design, […]
Section 7-112 – Enforcement
(a) The Secretary may enforce the provisions of this subtitle in the same manner as the provisions of Subtitle 2 of this title. (b) For a violation of this subtitle a person shall be subject to the penalties listed in Subtitle 2 of this title.
Section 7-113 – Disposition of Fees and Penalties
All fees and penalties collected by the Department under this subtitle shall be deposited in the State Hazardous Substance Control Fund established under § 7-218 of this title.
Section 7-114 – Information Submitted to Department
A person may not knowingly or recklessly submit false information to the Department under this subtitle.