Md. Code Regs. 26.04.06.44

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.04.06.44 - Marginal Land - Public and Local Government Participation Requirements for a Permit Application

A. To provide a county or a municipal corporation, if appropriate, with an opportunity to consult with the Department about the decision to issue, deny, or place restrictions on a Sewage Sludge Utilization Permit, the Department shall:

(1) Publish a notice of the receipt of the Sewage Sludge Utilization Permit Application in a local newspaper having a substantial circulation in the county where the sewage sludge is to be applied that contains the following information:

(a) Name of the person applying for the permit;

(b) A brief description of the project;

(c) Sources of the sewage sludge;

(d) Project type;

(e) Location of the site;

(f) A list of the persons within the local jurisdiction who have been sent copies of the application;

(g) A statement of the right of the county or municipal corporation, if applicable, to request a public hearing within 15 calendar days after receipt of the application; and

(h) Provisions for examination of the application by interested parties; and

(2) Mail a copy of the application and the public notice published in accordance with §A(1) of this regulation to:

(a) The chairman of the legislative body and any elected executive of the county and municipal corporation where the sewage sludge is to be applied;

(b) The chairman of the legislative body and any elected executive of any other county within 1 mile where the sewage sludge is to be applied; and

(c) The local health official.

B. Within 15 calendar days of receipt of the application and the public notice, the chairman of the legislative body or any elected executive of the county or municipal corporation where the sewage sludge is to be applied may request in writing that the Department conduct a public hearing.

C. If the Department receives a request for a public hearing in accordance with §B of this regulation, or if the Department determines that a public hearing would serve the public interest, the Department shall hold a public hearing in the affected subdivision where the sewage sludge is to be applied. The Department shall notify the person applying for the Sewage Sludge Utilization Permit and shall give the person the opportunity to present information at the public hearing.

D. After the Department has established the date, place, and time for a public hearing, the Department shall publish a notice of the public hearing in a local newspaper having a substantial circulation in the county where the sewage sludge is to be applied. The notice shall contain the following information:

(1) A statement of the legal authority and jurisdiction under which the public hearing is to be held, and a reference to the particular statutes and regulations involved;

(2) Name of the person applying for the permit;

(3) A brief description of the project;

(4) Sources of the sewage sludge;

(5) Project type;

(6) Location of the site;

(7) The date, time, and place of the public hearing; and

(8) Provisions for examination of the application by interested parties.

Md. Code Regs. 26.04.06.44

Regulations .44 adopted effective 41:10 Md. R. 562, eff.5/26/2014