Md. Code Regs. 26.22.01.09

Current through Register Vol. 51, No. 18, September 6, 2024

Section 26.22.01.09 - Permit Evaluation

A. After receiving advisory comments and recommendations, but not later than 90 days following the completion of the public hearing, and after local certification pursuant to Regulation .06A(1), D(1), or D(2) of this chapter, the Secretary shall grant, grant conditionally, or deny the permit.

B. Secretary's Decision.

(1) In making his decision, the Secretary shall consider the application, the statement, the advisory comments, the public hearing record, and any other information which may be available to him.

(2) The Secretary's decision shall be delivered in writing to the applicant and the county and incorporated municipality in which the facility is to be located.

(3) The Secretary's decision shall be based upon a determination of whether the facility meets the following requirements:

(a) Conforms with and meets all applicable air, water, noise, and solid waste laws of the State as determined and certified in writing by the appropriate State units with jurisdiction over these laws;

(b) Conforms with adopted or approved county or local land use planning, the official county or local comprehensive zoning map;

(c) Conforms with the State development plan, when this plan has been lawfully approved and adopted;

(d) Would have no material adverse effect upon the natural environment of the area, its scenic or natural beauty, rare or irreplaceable natural resources, or unique historic sites;

(e) Would not be located or constructed so as to have a material adverse effect upon the public health, safety, or welfare;

(f) Would not be a potential or immediate undue burden on the water supply of the site or region;

(g) Would not materially contribute to an extant level of undue environmental degradation or resource exhaustion;

(h) Conforms with any coastal zone management program developed by the State pursuant to the Federal Coastal Zone Management Act of 1972 as amended;

(i) Would have no material adverse effect upon critical areas identified and designated pursuant to State Finance and Procurement Article, Title 5, Subtitle 6, and Article 66C, § 3.05, Annotated Code of Maryland;

(j) Would not impose, directly or indirectly, a substantial burden on existing State, regional, or county public facilities beyond their respective capacities, or that new public facilities, if necessary, would be either:

(i) Completed in time to serve the facility; or

(ii) Adequate to serve the facility without causing overloading of the public facilities.

Md. Code Regs. 26.22.01.09