reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-245 - Inspections Required

(a)    The Department shall establish a schedule for the inspection of each controlled hazardous substance facility based on:
(1)    The size of the facility;
(2)    The amount of hazardous waste handled by the facility;
(3)    The nature of the waste handled by the facility; and
(4)    The record of compliance by the facility with this subtitle and the regulations adopted under this subtitle.
(b)    (1)    The Department shall keep records of the date and findings of each inspection under this section and these records are public records.
(2)    The Department periodically shall publish and make available to the public a list of the dates each controlled hazardous substance facility is inspected under this section.
(c)    The Secretary may delegate to the health officer of any county where a controlled hazardous substance facility is located the authority to make inspections under this section.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-246 - Inspections by Health Officers

(a)    The health officer for any county may inspect and investigate a controlled hazardous substance facility.
(b)    If the health officer for a county receives a complaint of an alleged violation of this subtitle at a controlled hazardous substance facility, the health officer shall inspect the controlled hazardous substance facility immediately.
(c)    (1)    Before making an inspection under subsection (b) of this section, the health officer shall notify the Department of the planned inspection and complaint.
(2)    On the next business day after the inspection, the health officer shall report, in writing, to the Department:
(i)    The time and source of the complaint;
(ii)    The name of the Department official who was notified before the inspection;
(iii)    The time and place of the inspection;
(iv)    A summary and findings of the inspection; and
(v)    Enforcement and other recommendations.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VII - Transportation of Controlled Hazardous Substances › Section 7-249 - Restrictions on Transporting Controlled Hazardous Substances

(a)    A person may not transport any controlled hazardous substance from any source in this State or to any controlled hazardous substance facility in this State unless:
(1)    The person holds a hauler certificate; and
(2)    A vehicle certificate has been issued for the transporting vehicle.
(b)    This section does not apply to the transportation of any controlled hazardous substance that is:
(1)    Used for residential purposes; or
(2)    Regulated by the State Department of Agriculture.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VII - Transportation of Controlled Hazardous Substances › Section 7-250 - Issuance of Low-Level Nuclear Waste Hauler Certificate

The Department may not issue a hauler certificate to transport a low-level nuclear waste unless:
(1)    The applicant files with the Department acceptable evidence of a bond or other security as required under § 7-252 of this subtitle;
(2)    The applicant agrees not to transport any low-level nuclear waste unless the receiving low-level nuclear waste facility has been notified and has indicated its capability and willingness to take the low-level nuclear waste; and
(3)    The Department finds that the applicant is qualified to meet and capable of meeting the requirements of this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VII - Transportation of Controlled Hazardous Substances › Section 7-251 - Scope of Controlled Hazardous Substance Hauler Certificate

A hauler certificate authorizes its holder to transport a controlled hazardous substance while the certificate is effective and may require:
(1)    Use of specific routes, designated after consultation with the Department of Transportation, to a controlled hazardous substance facility;
(2)    Use of certain types of vehicles, equipment, or handling procedures; and
(3)    Satisfaction of other conditions which the Department determines to be reasonably necessary to assure, to the extent possible, transportation of controlled hazardous substances in a safe and secure manner.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VII - Transportation of Controlled Hazardous Substances › Section 7-252 - Standards for Hauler Certificate; Driver Certificate

(a)    Each controlled hazardous substance hauler:
(1)    Shall maintain a bond or other security that the Department considers sufficient to indemnify this State for abatement of any pollution that may result from the improper transportation of a controlled hazardous substance;
(2)    Shall pay an annual vehicle certificate fee set by the Department but not more than $50;
(3)    When transporting any controlled hazardous substance, shall carry the manifest and the vehicle certificate in the cab of the controlled hazardous substance vehicle;
(4)    May not transport a controlled hazardous substance unless the controlled hazardous substance is labeled properly and in secure containers in accordance with the rules and regulations of the Department that apply to that particular controlled hazardous substance;
(5)    On the request of any police officer, shall stop the controlled hazardous substance vehicle and display to the police officer all required documentation and allow inspection and sampling of the controlled hazardous substance to determine if there is a violation of:
(i)    The provisions of the vehicle certificate; or
(ii)    Any federal or state law;
(6)    Except under the supervision of the Department during an emergency, may not remove the controlled hazardous substance from the controlled hazardous substance vehicle, or treat, store for any period of time, or mix any controlled hazardous substance except in a controlled hazardous substance facility; and
(7)    Shall report periodically, on a form required by the Department, the following information about shipments of controlled hazardous substances:
(i)    The source of the controlled hazardous substance;
(ii)    The nature of the controlled hazardous substance; and
(iii)    The disposal destination.
(b)    Each controlled hazardous substance vehicle driver, when transporting any controlled hazardous substance, shall comply with subsection (a)(3), (4), (5), and (6) of this section and all applicable State rules and regulations.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VII - Transportation of Controlled Hazardous Substances › Section 7-253 - Transportation Standards for Generators

If a person who generates a controlled hazardous substance desires to have it transported to a controlled hazardous substance facility, the person:
(1)    Except as is otherwise required by federal or State law, shall label the controlled hazardous substance as required by the rules and regulations of the Department;
(2)    Shall provide for each controlled hazardous substance vehicle a manifest that describes the controlled hazardous substance, including volume and chemical, physical, and biological characteristics;
(3)    Shall require evidence of a hauler certificate and a vehicle certificate;
(4)    May contract for treatment, storage, or disposal of a controlled hazardous substance only with:
(i)    A facility permit holder; or
(ii)    A controlled hazardous substance hauler who has a valid contract with a controlled hazardous substance facility for treatment, storage, or disposal of controlled hazardous substances; and
(5)    Shall report, from time to time on the form the Department requires, the following information about shipments of controlled hazardous substances:
(i)    Source;
(ii)    Name of the controlled hazardous substance hauler;
(iii)    Destination intended by the controlled hazardous substance hauler at the time of shipment;
(iv)    Volume; and
(v)    Nature.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-256 - Right of Entry

(a)    At any reasonable time, a representative of the Department or a representative of the health department of the political jurisdiction where the hazardous substance facility is located may enter any hazardous substance facility:
(1)    To inspect the hazardous substance facility;
(2)    To obtain water, waste, soil, or air samples;
(3)    To drill test wells; and
(4)    To measure the volume and kinds of substances that are received, treated, stored, or disposed of.
(b)    If a municipality in which a hazardous substance facility is located does not have a health department, the mayor of the municipality may designate the municipal agency that may enter and inspect a hazardous substance facility under this section.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-257 - Suspension and Revocation of Permits or Certificates

(a)    In accordance with the Administrative Procedure Act and after notice and hearing, the Department may suspend or revoke any facility permit, hauler certificate, or vehicle certificate for violation of any federal or State law, rule, or regulation that relates to controlled hazardous substances.
(b)    The Department may revoke any facility permit issued under this subtitle if the Department finds that:
(1)    False or inaccurate information was contained in the application;
(2)    Conditions or requirements of the facility permit have been or are about to be violated;
(3)    Substantial deviation from plans, specifications, or requirements has occurred;
(4)    The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the facility permit;
(5)    A change in conditions exists that requires temporary or permanent reduction or elimination of any permitted discharge;
(6)    Any State or federal water quality standard or effluent limitation has been or is threatened to be violated; or
(7)    Any other good cause exists for revoking the permit.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-258 - Complaint

(a)    The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:
(1)    This subtitle;
(2)    Any rule or regulation adopted under this subtitle; or
(3)    Any order, permit, or certificate issued by the Department under this subtitle.
(b)    A complaint issued under this section shall:
(1)    Specify the provision that allegedly has been violated; and
(2)    State the alleged facts that constitute the violation.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-259 - Issuance of Notice or Order

(a)    After or concurrently with service of a complaint under this subtitle, the Department may:
(1)    Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;
(2)    Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or
(3)    Send a written notice that requires the person to whom the notice is directed:
(i)    To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or
(ii)    To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.
(b)    Any order issued under this section is effective immediately, according to its terms, when it is served.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-260 - Service

(a)    Any complaint, corrective order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed:
(1)    In accordance with § 1–204 of this article; or
(2)    By publication.
(b)    If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.
(c)    Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:
(1)    The time set for the hearing, if any;  or
(2)    The time set for the filing of the report, if any.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-261 - Hearings

(a)    (1)    The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.
(2)    Any hearing related to a complaint shall be held in the manner provided in the Administrative Procedure Act for hearings in contested cases.
(b)    (1)    Within 10 days after being served with an order under § 7-259(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.
(2)    (i)    If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.
(ii)    If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.
(c)    Within 10 days after being served with a notice under § 7-259(a)(2) of this subtitle, the person served may request, in writing, a hearing before the Department.
(d)    The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.
(e)    (1)    In connection with any hearing under this subtitle, the Department may:
(i)    Subpoena any person or evidence; and
(ii)    Order a witness to give evidence.
(2)    A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
(3)    If a person fails to comply with a subpoena issued under this subsection, on petition of the Department, a circuit court, by order, may:
(i)    Compel obedience to the order or subpoena; or
(ii)    Compel testimony or the production of evidence.
(4)    The court may punish as a contempt any failure to obey its order issued under this section.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-262 - Final Corrective Orders

(a)    (1)    Unless the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.
(2)    If the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.
(b)    (1)    If the Department issues a notice under § 7-259(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:
(i)    The time set for the hearing, if any; and
(ii)    The time set for filing of the report, if any.
(2)    After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.
(c)    The Department shall:
(1)    Take action to secure compliance with any final corrective order; and
(2)    If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.
(d)    This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-263 - Injunctive Relief

(a)    The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department under this subtitle.
(b)    In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.
(c)    On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.
(d)    If an emergency exists from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop the activity that is causing the danger.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-264 - Judicial Review

(a)    Any person aggrieved by a final decision of the Department in connection with an order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle may take a direct judicial appeal.
(b)    The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. However, an order of the Department suspending or revoking a facility permit under § 7-257 of this subtitle may not be stayed pending review.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-265 - Specific Offenses and Penalties

(a)    A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both:
(1)    Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;
(2)    Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a controlled hazardous substance facility for which a current facility permit is in effect;
(3)    Falsifying any information required by the Department under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; or
(4)    Authorizing, directing, or permitting any offense listed in this section.
(b)    A person who is convicted of violating the following sections of this subtitle or any regulation adopted under the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment for not more than 3 years, or both:
(1)    § 7-209 of this subtitle;
(2)    § 7-249 of this subtitle; or
(3)    § 7-252 of this subtitle.
(c)    Each day on which a violation occurs constitutes a separate offense under this section.
(d)    (1)    Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.
(2)    For the purposes of this subsection, in determining whether a person’s state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under § 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. § 6928(f)) shall apply.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-266.1 - Civil Penalties -- Punitive Damages

(a)    In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any costs that are incurred by the State:
(1)    After the date of the final decision as provided in subsection (b) of this section; and
(2)    As a result of the responsible person’s failure to comply with the final order.
(b)    (1)    Before seeking the punitive damages authorized by subsection (a) of this section, the Department shall issue to the responsible person a determination that the responsible person failed without sufficient cause to comply with a final order issued under this subtitle.
(2)    A responsible person subject to a determination issued by the Department under paragraph (1) of this subsection is entitled to a contested case hearing to determine whether the responsible person had sufficient cause for the failure to comply with the final order.
(3)    Following a final decision upholding the determination issued by the Department, the State may commence a civil action against the responsible person to recover the punitive damages.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VIII - Enforcement › Section 7-267 - Criminal Penalties

(a)    (1)    Except as provided in § 7-265 of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:
(i)    For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or
(ii)    If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.
(2)    In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.
(3)    Each day on which a violation occurs is a separate violation under this subsection.
(b)    A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 2 years or both if the person:
(1)    Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle; or
(2)    Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 3 - Appalachian States Low-Level Radioactive Waste Compact › Section 7-305 - Eligible Parties; Effective Date; Congressional Consent; Withdrawal of Parties

Article V. Eligibility, Entry into Effect, Congressional Consent, Withdrawal
a.    Only the states of Pennsylvania, West Virginia, Delaware, and Maryland are eligible to become parties to this compact.
b.    An eligible state may become a party state by legislative enactment of this compact or by executive order of the Governor adopting this compact; provided, however, a state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless the legislature shall have enacted this compact before such adjournment.
c.    This compact shall take effect when it has been enacted by the legislatures of Pennsylvania and one or more eligible states. However, Article IV b and c shall not take effect until Congress has consented to this compact. Every fifth year after such consent has been given, Congress may withdraw consent.
d.    A party state may withdraw from the compact by repealing the enactment of this compact, but no such withdrawal shall become effective until two years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low-level waste generated within the region until five years after the effective date of the withdrawal.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 3 - Appalachian States Low-Level Radioactive Waste Compact › Section 7-306 - Construction and Severability

Article VI. Construction and Severability
a.    The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party state shall not unnecessarily be infringed.
b.    If any part or application of this compact is held invalid, the remainder, or its application to other situations or persons, shall not be affected.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Board” means the Hazardous Waste Facilities Siting Board.
(c)    “Certificate” means a certificate of public necessity issued by the Board.
(d)    “Facility” means any structure, equipment, machinery, bins, tanks, pipes, pumps, conveyors, wells, trenches, pits, or cells used for treatment, processing, reconditioning, exchange, incidental storage in connection with the preceding activities, long–term storage, or ultimate disposal of hazardous or low–level nuclear waste.
(e)    “Hazardous waste” means any waste substance or material designated as a hazardous substance pursuant to § 7–208 of this title.
(f)    “Low–level nuclear waste” means any substance or material designated as low–level nuclear waste under § 7–208 of this title.
(g)    “Service” means the Maryland Environmental Service.
(h)    “Site” means the geographic area to be occupied by a facility, including buffer or security areas and areas used for any appurtenant functions.
(i)    “Subdivision” means the 23 counties or Baltimore City and incorporated municipalities.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-402 - Purpose of Subtitle; Location of Facilities Subject to Certain Considerations

(a)    (1)    The purpose of this subtitle is to protect the public health and the environment by ensuring the availability of sites and properly designed facilities to dispose of, reuse, recycle, incinerate, or otherwise render nonhazardous, hazardous waste materials and to eliminate illegal dumping or improper disposal. It is the further purpose of this subtitle to achieve the same goals with respect to low-level nuclear waste.
(2)    In carrying out its responsibilities under this subtitle, the Board shall treat hazardous waste and low-level nuclear waste separately.
(b)    These facilities shall be located subject to the following considerations:
(1)    The availability of suitable facilities outside this State for the disposal of low-level nuclear waste produced in this State;
(2)    That there are proper safeguards to the health and safety of the public and the quality of the environment;
(3)    That facilities are available at reasonable cost commensurate with adequate protection of public health and safety, and of the environment;
(4)    That there is due consideration of social values and of the reasonable and beneficial use of land and natural resources;
(5)    That there is due consideration for industry and commerce, the revenues, and development of the State and its political subdivisions, and the employment and welfare of the people;
(6)    That there is due consideration of alternatives over burial or other land disposal of hazardous or low-level nuclear waste, such as source reduction, reuse, resource recovery, and incineration;
(7)    That there is due consideration for the expeditious ultimate disposal of hazardous waste in order to minimize reliance on interim storage;
(8)    That there is due consideration for managing sites following cessation of operations;
(9)    That there is due consideration for the equitable geographic distribution of sites, including:
(i)    Consideration of the feasibility of siting a facility within the same political subdivision from which the wastes principally originate;
(ii)    Consideration of those subdivisions that presently have sites, to avoid to the extent feasible certifying sites disproportionately in any one subdivision;
(10)    That there is due consideration for local land use preference, as expressed in local planning and zoning provisions; and
(11)    That there is due consideration for the geological stability of a location and for the safety and preservation of public and private water supplies. If the location of a facility site will result in any adverse effects to a public or private water supply, the facility site may not be approved.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-403 - Hazardous Waste Facilities Siting Board

(a)    There is a Hazardous Waste Facilities Siting Board.
(b)    (1)    The Board consists of 8 members appointed by the Governor who shall represent the various geographical areas of the State. No more than one member of the Board shall be a resident of the same county or of Baltimore City.
(2)    Of the 8 members:
(i)    Two shall be members of the scientific community in the State, one of whom shall be a geologist;
(ii)    Three shall be members of the general public who have no financial interest in the waste disposal industry, at least one of whom has had a demonstrated involvement in environmental matters;
(iii)    One shall be appointed from a list of three or more persons nominated by the Maryland Association of Counties;
(iv)    One shall be appointed from a list of three or more persons nominated by the Maryland Chamber of Commerce; and
(v)    One shall be appointed from a list of three or more persons nominated by the Maryland Municipal League.
(c)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(d)    (1)    The term of a member is 4 years.
(2)    The terms of the initial appointees expire as follows: one member representing the general public and one member representing the scientific community on January 1, 1984, one member representing the general public and one member representing the scientific community on January 1, 1985 and the remaining members on January 1, 1983.
(e)    The Governor shall appoint a chairman from among the 8 members.
(f)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(g)    A member who is appointed after a term has begun serves only the remainder of that term and until a successor is appointed and qualifies.
(h)    A member may be removed by the appointing authority for incompetency or misconduct.
(i)    Each member of the Board is entitled to:
(1)    Compensation in accordance with the State budget; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(j)    The affirmative vote of a majority of the members of the Board then serving is necessary for any decision of the Board.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-407 - Application of Other Requirements

Regardless of whether a site and facility are approved by a subdivision or are certified under this subtitle:
(1)    All other requirements for permits by State health or any other State regulatory agency remain applicable; and
(2)    All other State environmental, health, and safety restrictions shall apply, as provided in § 7-405(c) of this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-408 - Failure to Commence Construction or Operation

(a)    A certificate automatically shall be null and void if:
(1)    Construction or other preparation of the site for its intended use of the facility for which the certificate was issued has not commenced within 2 years following issuance of the certificate; or
(2)    The facility has not commenced operation within 4 years following issuance of the certificate.
(b)    The Board may extend the time limits imposed under subsection (a) of this section if the certificate holder:
(1)    Applies to the Board for an extension; and
(2)    Shows good cause for allowing the extension.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-409 - Unit of Department of the Environment; Powers of Board; Informational Services

(a)    The Board shall be a unit of the Department for purposes of executive organization.
(b)    The Board has all powers necessary for carrying out the purposes of this subtitle, including but not limited to the powers set forth in this section, and may:
(1)    Make any contract or agreement the Board determines to be necessary or incidental to the performance of its duties and to the execution of the purpose of and the powers granted by this subtitle;
(2)    Make directly, or through the hiring of staff or consultants, any plans, surveys, investigations, or studies bearing on the characteristics of any site or on the need for and employment of sites and facilities throughout the State; and
(3)    Prepare information to further public understanding of matters that the Board is required to consider, such as site suitability, management alternatives and the treatment and disposal needs of the State, and to disseminate such information to environmental and community organizations, schools, libraries, local, State, and federal government agencies, and other members of the general public.
(c)    The determination by the Board of statewide need and the plans and surveys prepared by the Board as authorized by this subtitle shall be prepared in form and substance suitable for inclusion in any statewide solid waste management plan.
(d)    To assist the Board in carrying out the provisions of this subtitle, the Department shall routinely furnish the Board with copies of relevant information and data filed with the Department under the provisions of this article that are applicable to the generation, transport, and disposal of hazardous waste.
(e)    In the event that the statewide plan is no longer required under the Resource Conservation and Recovery Act, as amended, the Board within 1 year after the Act is not in effect shall prepare a 10-year hazardous waste management plan and shall propose procedures for its adoption.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-410 - Inventory of Potential Sites; Filings Required by Service

(a)    (1)    (i)    1.    In consultation with the appropriate agencies of State and local government, the Service shall prepare by June 1, 1981, an initial inventory of potential hazardous waste facility sites and a program for utilizing these sites that appear suitable for and capable of meeting disposal demands.
2.    In consultation with the appropriate agencies of State and local government, and as needed, the Service shall prepare an initial inventory of potential low–level nuclear waste sites and a program for using those sites which appear suitable for and capable of meeting disposal demands.
3.    In consultation with appropriate State and local officials and governing bodies, the Service shall, as needed, update the inventories and programs prepared under subsubparagraphs 1 and 2 of this subparagraph.
4.    The Service shall develop guidelines, consistent with the provisions of this subtitle, for evaluating types of sites for placement on the inventory, and shall apply said guidelines uniformly to all sites of a given type considered for placement on the inventory.
(ii)    In preparing the inventory, the Service shall solicit and consider recommendations from the governing body of each subdivision who shall prepare a list of sites which are believed to meet or exceed the requirement for facilities of the types under consideration by the Board. If the governing body cannot agree upon specific sites within 6 months of the request, the Service may select the sites for inclusion on the inventory.
(iii)    The Service shall consider any recommendation that is submitted under this subsection on or before September 1, 1980, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.
(2)    (i)    The inventory and program shall be maintained and, as needed, updated in consultation with the appropriate State and local agencies and local governing bodies.
(ii)    In preparing the inventory updates, the Service shall solicit and consider recommendations from the governing body of each subdivision.
(iii)    The Service shall consider any recommendation that is submitted under this subsection and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.
(b)    The Service shall file a copy of its inventories and all updates with the Board.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-411 - Duties of Service as to Inventoried Sites

(a)    The Service may apply to the Board for a certificate for one or more sites.
(b)    The Board may direct the Service to prepare and submit a proposal for acquisition or utilization or both of any inventoried site. The Board may further direct the Service to perform any act authorized by Subtitle 1 of Title 3 of the Natural Resources Article to implement the proposal if a certificate is issued.
(c)    When the Service acts with respect to a site for which a certificate has been issued, §§ 3-102(c) and 3-104(v) of the Natural Resources Article do not apply.
(d)    (1)    If the Service owns a site or property on a site that is not, because of its ownership, subject to ordinary local taxes, and if a certificate has been issued for the site, the Service shall make payments in lieu of taxes to the subdivision in which the site is located.
(2)    The cost of these payments shall be included as a part of project costs in the accounts of the Service and may be recovered by the Service from the users of the facilities on the site.
(3)    Payment shall equal the amount of ordinary local taxes that would be due if the property were subject to taxation.
(4)    Immediately upon acquisition of an interest in any site or property on a site, the Service shall request the State Department of Assessments and Taxation to certify to the local taxing authority the assessment associated with the property.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-412 - Appeal From Decision of Board

(a)    Any interested party, including a prospective user of a hazardous or low-level nuclear waste facility site who generates hazardous or low-level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Court of Special Appeals of Maryland.
(b)    Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts.
(c)    In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be:
(1)    In violation of constitutional provisions;
(2)    Made on unlawful procedure;
(3)    Arbitrary and capricious; or
(4)    Affected by other error of law.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 4 - Hazardous Waste Facility Siting Program › Section 7-413 - Liability of Subdivision for Damages

(a)    Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle.
(b)    The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision:
(1)    For any damage if the subdivision, itself, operated the facility; or
(2)    For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-502 - Authority of Department

(a)    In addition to the powers set forth elsewhere in this article, the Department may:
(1)    Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions under this subtitle; and
(2)    Adopt regulations to implement the provisions of this subtitle.
(b)    To implement the requirements of this subtitle, the Department shall develop and use standardized applications, certificates of completion, and other forms.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-503 - Voluntary Cleanup Program

(a)    There is a Voluntary Cleanup Program in the Department.
(b)    The purpose of the Voluntary Cleanup Program is to:
(1)    Encourage the investigation of eligible properties with known or perceived contamination;
(2)    Protect public health and the environment where cleanup projects are being performed or need to be performed;
(3)    Accelerate cleanup of eligible properties; and
(4)    Provide predictability and finality to the cleanup of eligible properties.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-504 - Voluntary Cleanup Fund

(a)    (1)    There is a Voluntary Cleanup Fund established as a nonlapsing, revolving special fund.
(2)    Moneys credited and any interest accrued to the Fund:
(i)    Shall remain available until expended; and
(ii)    May not be reverted to the General Fund under any other provision of law.
(b)    All application fees and other moneys collected by the Department under this subtitle from applicants in the Program shall be paid to the Voluntary Cleanup Fund.
(c)    Moneys appropriated, granted, loaned, or otherwise provided to the Department for the support of the Program shall be paid to the Voluntary Cleanup Fund.
(d)    The Department may use:
(1)    The application fees in the Voluntary Cleanup Fund for activities related to the review of proposed voluntary cleanup projects and the direct administrative oversight of voluntary cleanup projects, including cost recovery and program development; and
(2)    Any moneys, other than application fees, in the Voluntary Cleanup Fund for any activities relating to the Voluntary Cleanup Program.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-505 - Liability of Inculpable Person

(a)    (1)    If the Department approves a person’s status as an inculpable person under this subtitle, the person’s status as an inculpable person continues upon acquiring an interest in the eligible property.
(2)    If the person meets the requirements of § 7-506(a)(1)(i), (ii), and (iii) of this subtitle, the Department shall approve or disapprove the person’s status as an inculpable person within 5 business days of receiving:
(i)    A written request from the person for an expedited determination of the person’s status as an inculpable person; and
(ii)    A fee of $2,000.
(3)    Notwithstanding paragraph (1) of this subsection, the Department’s approval of a person’s status as an inculpable person expires if the application, including any applicable fees, required under this subtitle is not filed within 6 months after the approval of a person’s status as an inculpable person.
(b)    Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property.
(c)    An inculpable person shall be liable for:
(1)    New contamination that the person causes or contributes to at the eligible property; and
(2)    Exacerbation of existing contamination at the eligible property.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 5 - Voluntary Cleanup Program › Section 7-506.1 - Fees

(a)    If a determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall pay to the Department a fee of $2,000.
(b)    If a certificate of completion is conditioned on the permissible use of the property, the participant shall pay to the Department a fee of $2,000.
(c)    On a request by a participant to alter a record of determination in the land records for an eligible property with conditions in accordance with § 7-506(i) or § 7-514(d) of this subtitle, the participant shall pay to the Department a fee of $2,000.