Md. Code Regs. 26.03.03.05

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.03.03.05 - Plan Revisions

A. Except as provided in §B, of this regulation, each county plan shall be:

(1) Revised if deemed necessary by the Department;

(2) Reviewed in its entirety at the interval specified by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland; and

(3) Revised to include the installation or extension of either a solid waste acceptance facility, or solid waste disposal system, before the issuance of a permit by the Department under Environment Article, Title 9, Subtitle 2, Annotated Code of Maryland.

B. Exceptions. A revision for the sole purpose of including a private facility is not necessary if the:

(1) Facility accepts only wastes generated by the owner's operations;

(2) Facility is in general conformance with the management mechanism described in Regulation .03F(2)(b) of this chapter; and

(3) Information listed in Regulation .03D(5), of this chapter, is provided for the facility when the county plan is reviewed and revised in accordance with §A(2), of this regulation.

C. Revisions pertaining to county plans shall be adopted and submitted in accordance with the following process:

(1) The county shall solicit input concerning the proposed revision from each of the entities listed in Regulation .02B, of this chapter, and from any other entity likely to be affected by the proposed revision.

(2) The county shall provide a reasonable opportunity for a public hearing concerning the proposed revision to the county plan. Prince George's County and Montgomery County are required by Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland, to conduct a public hearing. The Department, the public, and the entities listed in Regulation .02B, of this chapter, shall receive prior notice of a hearing.

(3) Following the public hearing or public meeting, or a decision not to conduct a public hearing or public meeting, the governing body of the county shall adopt the revision and submit it to the Department. This submittal shall be accompanied by a discussion of substantive issues raised at the public hearing or public meeting, and how they were resolved.

D. The Department shall distribute copies of the adopted revision to the Departments of Natural Resources, State Planning, and Agriculture, for review and comment.

E. The Department shall, within 60 days after receiving the submission, approve, disapprove, or approve in part, the adopted revision unless the review period has been extended under Environment Article, Title 9, Subtitle 5, Annotated Code of Maryland. If the submittal is disapproved in whole, or in part, the Department shall, in a written notice to the county, clearly define the inadequacies of the submittal, and provide a suggested outline of the tasks needed to improve the submittal so that it can be approved by the Department.

F. The governing body shall, for 6 months following the disapproval, have the right to appeal the Department's action by sending a written notice of appeal to the Department.

Md. Code Regs. 26.03.03.05

Regulations .05 adopted effective November 4, 1985 (12:22 Md. R. 2104) ----------; amended effective 45:12 Md. R. 617, eff. 6/18/2018