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Section 7-232 – Permit Required

    (a)    A person shall hold a facility permit before the person may own, establish, operate, or maintain a controlled hazardous substance facility in this State.     (b)    Subject to § 7-233 of this subtitle, if the Department determines that a permit issued under Title 9, Subtitle 2 of this article is sufficient to carry out the purposes of […]

Section 7-233 – Issuance of Low-Level Nuclear Waste Facility Permit

    The Department may not issue a low-level nuclear waste facility permit to a person unless:         (1)    The person meets the requirements of this subtitle for a low-level nuclear waste facility permit; and         (2)    (i)    The low-level nuclear waste facility permit conforms to any interstate low-level nuclear waste disposal compact of which this State is a member;             (ii)    The Governor […]

Section 7-234 – Executive Order

    (a)    The Governor may issue an executive order that allows the Department to issue a low-level nuclear waste facility permit if the Governor finds that there is a substantial likelihood that the absence of a low-level nuclear waste facility, inside or outside this State, will:         (1)    Cause a cessation in this State of power generation, medical treatments, […]

Section 7-235 – Application for Facility Permit

    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 7-236 – Conditions Prerequisite to Issuance of Controlled Hazardous Waste Facility Permit

    (a)    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 controlled hazardous substance facility;         (2)    To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7–242 of this […]

Section 7-237 – Facility Permit Fee

    The Department shall set each facility permit fee on the basis of:         (1)    The threat to the environment posed by the particular controlled hazardous substance that is to be treated, stored, or disposed of in the controlled hazardous substance facility;         (2)    The anticipated cost of monitoring and regulating the controlled hazardous substance facility;         (3)    The anticipated cost of […]

Section 7-238 – Term and Renewal of Permits

    (a)    (1)    Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at issuance or renewal.         (2)    Unless the controlled hazardous substance facility is a low-level nuclear waste facility, the Department may not issue a facility permit for a term longer than 10 years. The Department may issue a low-level […]

Section 7-239 – Issuance of Facility Permit

    (a)    Before the Department issues a controlled hazardous substance facility permit, the Department shall comply with Title 1, Subtitle 6 of this article.     (b)    Before the Department issues a low-level nuclear waste facility permit, the Department shall:         (1)    Comply with Title 1, Subtitle 6 of this article; and         (2)    Conduct any public hearing required by § 1-604 of this […]

Section 7-239.1 – Definitions

    (a)    In §§ 7–239.1 through 7–239.4 of this subtitle the following words have the meanings indicated.     (b)    (1)    “Chemical warfare material” means any of the following:             (i)    Adamsite (phenarsazine chloride);             (ii)    GA (Ethyl–N, N–dimethyl phosphoramidocyanidate);             (iii)    GB (Isopropyl methyl phosphonofluoridate);             (iv)    GD (Pinacolyl methylphosphonofluoridate);             (v)    H, HD (Bis(2–chloroethyl) sulfide);             (vi)    HT (60 percent HD and 40 percent T (Bis[2(2–chloroethyl– thio)ethyl]ester));             (vii)    L (Dichloro(2–chlorovinyl)arsine);             (viii)    T (2–2’ […]

Section 7-239.2 – Legislative Findings; Compliance With Requirements of Subtitle

    (a)    The State of Maryland finds that the chemical warfare materials specified under § 7-239.1 of this subtitle were designed for warfare, specifically the destruction of human beings, and for no legitimate civilian industrial use.     (b)    The State recognizes the need to dispose of these chemical warfare materials as safely as possible, ensuring the health and safety […]

Section 7-239.3 – Permit for Construction, Material Alteration, or Operation of Controlled Hazardous Substance Facility

    (a)    A chemical warfare material that is a solid waste is a controlled hazardous substance.     (b)    In addition to any other applicable requirements, the Department may not issue a permit for the construction, material alteration, or operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material unless: […]

Section 7-239.4 – Operation of Controlled Hazardous Substance Facility

    (a)    The Department shall require as conditions of operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material that:         (1)    Treatment by incineration be monitored on a continuous basis;         (2)    Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and         (3)    Monitoring data […]

Section 7-240 – Denial of Application — Grounds

    The Department may deny an application for a facility permit if the Department finds that:         (1)    The controlled hazardous substance facility cannot handle, treat, store, or dispose of a particular controlled hazardous substance without imposing an undue risk to the environment; or         (2)    The owner of the land or any person making application has violated:             (i)    Any law […]

Section 7-242 – Required Standards for Maintenance of Permit

    (a)    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 controlled hazardous substance facility; and             (iii)    Assuring the security of the controlled […]

Section 7-243 – Notification of Radiation Escape Required

    If any radiation escapes from a low-level nuclear facility into the environment, the low-level nuclear waste facility permit holder shall:         (1)    Notify the Department promptly of:             (i)    The name of the radioactive substance involved;             (ii)    The quantity of the radioactive substance released;             (iii)    The intensity of the radiation released; and             (iv)    The composition of all radionuclides of the radioactive substance […]

Section 7-244 – Low-Level Nuclear Waste Reports

    (a)    If a report related to low-level nuclear waste is filed by an applicant for or a holder of a low-level nuclear waste facility permit, the Department shall inform the applicant or permit holder, in writing, whether the information contained in the report is acceptable.     (b)    From the reports filed with the Department that relate to low-level […]

Section 7-245 – Inspections Required

    (a)    The Department shall establish a schedule for the inspection of each controlled hazardous substance facility based on:         (1)    The size of the facility;         (2)    The amount of hazardous waste handled by the facility;         (3)    The nature of the waste handled by the facility; and         (4)    The record of compliance by the facility with this subtitle and the regulations adopted […]

Section 7-246 – Inspections by Health Officers

    (a)    The health officer for any county may inspect and investigate a controlled hazardous substance facility.     (b)    If the health officer for a county receives a complaint of an alleged violation of this subtitle at a controlled hazardous substance facility, the health officer shall inspect the controlled hazardous substance facility immediately.     (c)    (1)    Before making an inspection under subsection […]