Md. Code Regs. 26.04.08.09

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

Section 26.04.08.09 - Application Review - Scrap Tire Collection Facility/Scrap Tire Recycler Licenses

A. Application Completion Criteria. An application for a license as a scrap tire collection facility or a scrap tire recycler is considered complete only if it is:

(1) Submitted on forms provided by the Department;

(2) Accompanied by all required exhibits and supporting documents;

(3) Accompanied by certification of acceptance by the Service if designated for inclusion in the scrap tire recycling system;

(4) Completed in full and signed by the applicant; and

(5) Submitted in the number of copies specified by the Department, as follows:

(a) 13 copies for primary scrap tire collection facilities and scrap tire recyclers; and

(b) One copy for all other scrap tire collection facilities unless otherwise specified by the Department at the time of application.

B. Application Review. The following shall be done after submission of a completed application for a primary scrap tire collection facility license or a scrap tire recycler license:

(1) The Secretary shall require the applicant to give notice of the application in a regularly published newspaper of general circulation in the Maryland county or in Baltimore City where the proposed facility is to be located, within 30 days of the submittal, and shall be in a format and content acceptable to the Department, with the notice:

(a) Stating the location of the facility and the type and quantity, by number or weight, of scrap tires intended for collection or handling at the facility; and

(b) Advising persons of their right to comment to the Department on the application;

(2) The applicant shall provide to the Department evidence of publication of the public notice;

(3) The Department shall distribute one copy of the application and supporting information to each of the following:

(a) Chief executive officer or the governing body, or both, of a county and municipality in which the activity is proposed;

(b) Local governmental agency responsible for solid waste management;

(c) Local health official;

(d) Secretary of Natural Resources;

(e) Director of the Water Resources Administration;

(f) Director of the Maryland Geologic Survey;

(g) Director of the Maryland Environmental Service;

(h) U.S. Geologic Survey;

(i) Appropriate soil conservation district or other appropriate approving authority as defined in COMAR 26.09.01;

(j) U.S. Army Corps of Engineers;

(k) State Highway Administration; and

(l) State Fire Marshal;

(4) A person receiving a copy of the application and supporting information shall be invited by the Department to inspect the proposed site and requested to submit comments to the Department within 30 days following receipt of the application;

(5) The Department may conduct a public information meeting in the county where a proposed primary scrap tire collection facility or scrap tire recycler is to be located.

C. The Department may deny the scrap tire collection facility or scrap tire recycler license if:

(1) The application contains a material misrepresentation or false information, or fails to fully disclose relevant facts;

(2) The applicant has not complied with these regulations, or other applicable statutes or regulations of the Department or other governmental agencies; or

(3) For facilities proposed as part of the scrap tire recycling system, there is no demonstrated need or legislated priority for the proposed new, modified, or expanded scrap tire facility as an integral part of the scrap tire recycling system as determined by the Service.

Md. Code Regs. 26.04.08.09