Md. Code Regs. 26.13.07.20

Current through Register Vol. 51, No. 25, December 13, 2024

Section 26.13.07.20 - Administrative Procedures - Permit Applications and Modifications

A. Application for a Permit.

(1) Any person who requires a permit shall complete, sign, and submit an application to the Secretary.

(2) The Secretary may not begin the processing of a permit until the applicant has fully complied with the application requirements.

(3) Permit applicants shall comply with the signature and certification requirements of Regulation .03 of this chapter.

(4) The Secretary shall review for completeness each application for a permit in accordance with the following:

(a) The Secretary should review for completeness each application for a permit submitted by a hazardous waste management facility within 60 days of its receipt;

(b) On completing the review, the Secretary shall notify the applicant in writing whether the application is complete;

(c) If the application is incomplete, the Secretary shall list the information necessary to make the application complete; and

(d) After the application has been determined to be complete by the Secretary:

(i) The Secretary may request additional information from an applicant only when necessary to clarify, modify, or supplement previously submitted material; and

(ii) Requests by the Secretary for additional information may not render an application incomplete.

(5) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provision in the State statutes.

(6) If the Secretary decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Secretary shall notify the applicant and schedule a visit.

(7) The effective date of an application is the date on which the Secretary notifies the applicant that the application is complete as provided in §A(4) of this regulation.

(8) Project Decision Schedule.

(a) For each application from a major hazardous waste management facility, the Secretary shall, not later than the effective date of the application, prepare and mail to the applicant a project decision schedule.

(b) The Secretary shall specify in the schedule target dates by which the Secretary intends to:

(i) Prepare a draft permit;

(ii) Give public notice;

(iii) Complete the public comment period, including any public hearing; and

(iv) Issue a final permit.

B. Modifications, Revocation and Reissuance, or Termination of Permits.

(1) General.

(a) Permits may be modified, revoked and reissued, or terminated either:

(i) At the request of an interested person, including the permittee; or

(ii) On the Secretary's initiative.

(b) Permits may only be modified, revoked and reissued, or terminated for the reasons specified in Regulations .11 and 12 of this chapter.

(c) A person requesting modification, revocation and reissuance, or termination of a permit shall make the request in writing and shall include with the request facts or reasons supporting the request.

(2) Denial of Request.

(a) If the Secretary decides that a request made under §B(1)(c) of this regulation is not justified, the Secretary shall send the requester a brief written response giving a reason for the decision and shall offer an opportunity for a contested case hearing, in accordance with Maryland's Administrative Procedure Act, State Government Article, § 10-201 et seq., Annotated Code of Maryland, and the procedures in Regulation .20-5B of this chapter.

(b) Denials of requests for modification, revocation and reissuance, or termination are not subject to public hearing notice or comment.

(3) Tentative Decision to Modify or Revoke and Reissue.

(a) If the Secretary tentatively decides to modify or revoke and reissue a permit under Regulation .11 of this chapter, the Secretary shall prepare a draft permit under Regulation .20-1A of this chapter, incorporating the proposed changes.

(b) The Secretary may request additional information and, in the case of a modified permit, may require the submission of an updated permit application.

(c) In the case of revoked and reissued permits, the Secretary shall require the submission of a new application.

(4) Reopening Permit Conditions.

(a) Permit Modification. In a permit modification under this regulation:

(i) Only those conditions to be modified shall be reopened when a new draft permit is prepared; and

(ii) All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit.

(b) Permit Revocation and Reissuance.

(i) When a permit is revoked and reissued under this regulation, the entire permit is reopened just as if the permit had expired and was being reissued.

(ii) During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(5) Modifications identified as minor under Regulations .13-1-.13-3 of this chapter are not subject to the requirements of this regulation but are instead processed in accordance with Regulation .13 of this chapter.

(6) Notice of Intent to Terminate.

(a) If the Secretary tentatively decides to terminate a permit under Regulation .12 of this chapter, the Secretary shall issue a notice of intent to terminate.

(b) A notice of intent to terminate is a type of draft permit that follows the same procedures as a draft permit prepared under Regulation .20-1A of this chapter.

Md. Code Regs. 26.13.07.20