reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-111 - Permit -- Requirements

As a requirement for keeping the facility permit, each facility permit holder shall:
(1)    Maintain a bond or other security that the Department considers sufficient to cover any cost for:
(i)    Guaranteeing fulfillment of all requirements related to the facility permit;
(ii)    Monitoring, maintaining, or closing the facility; and
(iii)    Assuring the security of the facility after closing;
(2)    Design, construct, and operate the facility in the manner approved by the Department;
(3)    Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;
(4)    Report periodically on the hazardous material that is received and transferred by the facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature; and
(5)    To the extent reasonably practicable, restore the facility site to its original condition if use as a facility is terminated.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-112 - Enforcement

(a)    The Secretary may enforce the provisions of this subtitle in the same manner as the provisions of Subtitle 2 of this title.
(b)    For a violation of this subtitle a person shall be subject to the penalties listed in Subtitle 2 of this title.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part I - Definitions; Policy; Scope; Construction › Section 7-203 - Legislative Policy

The purpose of this subtitle is to provide additional and cumulative remedies to prevent, abate, and control pollution of the waters of this State, as “waters of this State” is defined in Title 9, Subtitle 1 of this article.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part I - Definitions; Policy; Scope; Construction › Section 7-204 - Construction

This subtitle does not take away the right of any person, as riparian owner or otherwise, in equity, at common law, or under statutory law to suppress a nuisance or abate pollution.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part I - Definitions; Policy; Scope; Construction › Section 7-205 - Disposal

(a)    This section does not apply to Hawkins Point Controlled Hazardous Substance Landfill until July 1, 1985.
(b)    A generator may not dispose of a controlled hazardous substance unless the generator demonstrates to the satisfaction of the Department that:
(1)    Recovery possibilities have been considered; and
(2)    The controlled hazardous substance cannot be reasonably treated further to reduce the volume of or the hazard that the controlled hazardous substance poses to the environment.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part II - Authority of Secretary; Powers and Duties of Department; Rules and Regulations › Section 7-206 - Secretary to Supervise and Control Hazardous Substances

(a)    The Secretary shall have supervision and control of hazardous substances governed by this subtitle.
(b)    In exercising responsibilities under this subtitle, the Secretary shall consider low-level nuclear waste separately.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part II - Authority of Secretary; Powers and Duties of Department; Rules and Regulations › Section 7-207 - General Powers and Duties 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;
(2)    Issue, modify, or revoke orders and permits that prohibit the discharge of pollutants into the waters of this State or that require construction, modification, extension, or alteration of new or existing disposal systems or treatment works or parts of them;
(3)    Through the Secretary or a hearing officer designated in writing by the Secretary, hold hearings, issue hearing notices and subpoenas that require the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony;
(4)    Require prior submission of plans, specifications, and other information that is relative to, and inspect construction of, disposal systems or treatment works or any part of them in connection with issuing permits or approvals required by this subtitle;
(5)    Issue, modify, or revoke orders and permits to install, modify, or operate disposal systems or any parts of them;
(6)    Require proper maintenance and operation of disposal systems; or
(7)    Exercise every incidental power necessary to carry out the purposes of this subtitle.
(b)    In addition to the duties set forth elsewhere in this article, the Department shall:
(1)    Administer and enforce this subtitle and the rules, regulations, and orders adopted or issued under this subtitle; and
(2)    Advise, consult, and cooperate with other units of this State, the federal government, other State and interstate agencies, affected groups, political subdivisions, and industries to carry out the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part II - Authority of Secretary; Powers and Duties of Department; Rules and Regulations › Section 7-209 - Requirements for Generators

(a)    (1)    By July 1, 1985, any generator generating greater than 100 kilograms of controlled hazardous substances during 1 calendar month shall notify the Secretary of:
(i)    The identity of the controlled hazardous substance;
(ii)    The location of generation; and
(iii)    The method of treatment and disposal of controlled hazardous substances.
(2)    Generators that have previously provided the United States Environmental Protection Agency (EPA) or the State with the information under this subsection are not required to file this notification.
(b)    (1)    On or after July 1, 1985, any controlled hazardous substance that is part of a total quantity generated by a generator producing greater than 100 kilograms during 1 calendar month and that is shipped off the premises on which the controlled hazardous substance is generated shall be accompanied by a copy of a controlled hazardous substance manifest form signed by the generator.
(2)    This form shall contain the following information:
(i)    A manifest document number;
(ii)    The generator’s name, mailing address, telephone number, and EPA identification number;
(iii)    The name and EPA identification number of each transporter;
(iv)    The name, address, and EPA identification number of the facility designated to receive the waste;
(v)    The United States Department of Transportation description of the waste, as required by 49 C.F.R. 172.201, 172.202 and 172.203;
(vi)    The quantity of waste being transported;
(vii)    The number and type of containers; and
(viii)    Any other information considered necessary by the Department.
(c)    Any generator generating greater than 100 kilograms of controlled hazardous substances during 1 calendar month is subject to all applicable rules and regulations adopted under § 7-208(e) of this subtitle with the exceptions that the Secretary considers necessary.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part III - Controlled Hazardous Substance Advisory Council › Section 7-211 - Council Established; Meetings

(a)    There is a Controlled Hazardous Substance Advisory Council in the Department.
(b)    The Controlled Hazardous Substance Advisory Council shall meet only at the request of the Secretary.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part III - Controlled Hazardous Substance Advisory Council › Section 7-212 - Membership

(a)    (1)    The Council consists of 13 members.
(2)    Of the 13 members, 10 shall be appointed by the Governor with the advice of the Secretary as follows:
(i)    1 shall be the pesticides coordinator or the pesticides coordinator’s designee for the Cooperative Extension Service of the University of Maryland;
(ii)    1 shall be from the State Department of Agriculture;
(iii)    1 shall be from the Maryland Department of Labor, Division of Labor and Industry;
(iv)    1 shall be from the Department of Natural Resources;
(v)    1 shall be the State Fire Marshal or the State Fire Marshal’s designee;
(vi)    1 shall be from an industry that generates hazardous substances;
(vii)    1 shall be from the hazardous substance disposal and management industry;
(viii)    1 shall be from an industry that generates low–level nuclear waste;
(ix)    1 shall be from the low–level nuclear waste management industry; and
(x)    1 shall be an individual who is engaged in the business of resource recovery.
(3)    Of the 13 members, 3 shall be public members appointed by the Governor with the advice and consent of the Senate.
(b)    A public member may not be an individual who otherwise qualifies for membership under subsection (a)(2) of this section.
(c)    (1)    The term of a member is 10 years.
(2)    Except for an ex officio member, the terms of members are staggered as required by the terms provided for members of the Council on July 1, 1982.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part III - Controlled Hazardous Substance Advisory Council › Section 7-214 - Compensation

A member of the Council:
(1)    May not receive compensation as a member of the Council; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part III - Controlled Hazardous Substance Advisory Council › Section 7-215 - Duties of Council

The Council shall advise and assist the Department in:
(1)    Identifying any hazardous substance as a controlled hazardous substance;
(2)    Developing rules and regulations for the management and disposal of controlled hazardous substances; and
(3)    Developing separate rules and regulations that relate to management and disposal of low-level nuclear wastes.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part IV - State Hazardous Substance Control Fund › Section 7-219 - Financing of Fund

All application and permit fees, renewal fees, transporting vehicle certification fees, and all other funds collected by the Department under this subtitle, including any civil or administrative penalty or any fine imposed by a court under the provisions of this subtitle, shall be paid into the State Hazardous Substance Control Fund.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part IV - State Hazardous Substance Control Fund › Section 7-220 - Use of Fund

(a)    The Department shall use the State Hazardous Substance Control Fund for activities by the Department and by any local or State agency, with the approval of the Department that are related to identifying, monitoring, and controlling the proper disposal, storage, transportation, or treatment of hazardous substances, including program development for these activities.
(b)    There shall be a separate account within the State Hazardous Substance Control Fund of moneys made available under loan authorizations or by funds appropriated in the State budget for:
(1)    All costs incurred by the State for removal, restoration, or remedial action, including the restoration of natural resources where feasible, and site maintenance and monitoring in response to a release or threatened release of any hazardous substance, to the extent the costs are not reimbursable under the federal act;
(2)    All cost incurred by the State in monitoring and assessing the effect on public health and natural resources of any site at which a hazardous substance is or may be present, including the costs of any subsurface borings and any analysis of samples taken, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures;
(3)    The State share mandated under § 104(c)(3) of the federal act;
(4)    All cost incurred in providing public information concerning a site that does or may contain a hazardous substance; and
(5)    Costs resulting from releases or threatened releases of hazardous substances whether or not the hazardous substance was placed at the site, released, or threatened to be released before July 1, 1985.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part IV - State Hazardous Substance Control Fund › Section 7-221 - Reimbursements

(a)    All expenditures from the State Hazardous Substance Control Fund made by the Department under § 7-220(b) of this subtitle in response to a release or a threatened release of a hazardous substance at a particular site shall be reimbursed to the Department for the State Hazardous Substance Control Fund by the responsible person for the release or the threatened release.
(b)    (1)    In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action to recover costs and interest from any responsible person who fails to make a reimbursement as required under subsection (a) of this section.
(2)    (i)    In an action under paragraph (1) of this subsection to recover costs, the State shall make a good faith effort to identify and seek recovery against all responsible persons.
(ii)    The State shall seek recovery on an apportionment basis in accordance with a person’s contribution to the situation or problem, when there is a reasonable basis for determining the contribution of a responsible person.
(iii)    Reimbursement in any other case shall not be apportioned.
(c)    The Department may recover costs for the Fund resulting from releases or threatened releases of hazardous substances whether or not the hazardous substance was placed at the site, released, or threatened to be released before July 1, 1985.
(d)    Except as otherwise provided in subsection (b) of this section, a person who is liable for a release or threatened release of a hazardous substance under this subtitle is subject to the Uniform Contribution Among Tort-Feasors Act under Title 3, Subtitle 14 of the Courts Article, including a right of contribution, as if that person had caused an injury in tort.
(e)    A responsible person against whom a legal action is brought under subsection (b) of this section for a release or threatened release of a hazardous substance may move to join any other responsible person under the Maryland Rules.
(f)    Upon request by the Department, and after reasonable notice, a person shall provide to the Department any existing information or documents relating to:
(1)    The identification, nature, and quantity of any hazardous substance which is or has been generated, treated, stored, or disposed of at a site or facility, or transported to a site or facility; and
(2)    The nature or extent of a release of a hazardous substance at or from a site or facility.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part IV - State Hazardous Substance Control Fund › Section 7-222 - Release of Hazardous Substances Into Environment

(a)    If any hazardous substance is released or there is a substantial threat of a release into the environment, unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of the facility from which the release or threat of release emanates, or by any other responsible party, the Secretary may:
(1)    Enter any site or facility to carry out the provisions of this section; and
(2)    (i)    Act consistent with the State Hazardous Substance Response Plan to remove or arrange for the removal of and provide for remedial action relating to the hazardous substance at any time, including its removal from any contaminated natural resources;
(ii)    When the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment, take any other response measure consistent with the State Hazardous Substance Response Plan necessary to protect the public health or welfare or the environment; or
(iii)    In addition to any other action authorized under this subtitle, when the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or to the environment, issue orders to or seek injunctive relief against responsible persons as may be necessary to protect the public health and welfare or the environment.
(b)    The Department in any removal or remedial action under this subtitle may not duplicate removal or remedial actions taken under the federal act.
(c)    If entry to enable the Secretary to carry out the provisions of this section is denied, the Secretary may:
(1)    Obtain a search warrant pursuant to § 7–256.1 of this subtitle; or
(2)    Obtain an injunction to enter.
(d)    (1)    On or after October 1, 2009, a responsible person that possesses a sample result or other environmental assessment that indicates the release of a hazardous substance into the environment, at or above a threshold established in accordance with paragraph (2) of this subsection, shall report the finding immediately to the Department.
(2)    In determining a reportable threshold of a release of a hazardous substance, the Department shall consider:
(i)    The quantity of a hazardous substance;
(ii)    The associated risk factors of a hazardous substance; and
(iii)    Any other factor determined necessary by the Department.
(3)    On or before June 30, 2009, the Department shall adopt regulations to implement the provisions of this subsection.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part IV - State Hazardous Substance Control Fund › Section 7-223 - Listing of Hazardous Waste Sites

(a)    By July 1, 1984, the Department shall publish a master list of all sites at which the Department has reason to believe or has been notified that controlled hazardous substances may be present.
(b)    The master list shall be updated periodically.
(c)    (1)    By July 1, 1984, and each 6 months thereafter, the Department shall publish a list of proposed sites from the master list at which the Department intends to conduct preliminary site assessments.
(2)    The list of proposed sites shall contain at least:
(i)    A general description of the site, including its geographical location;
(ii)    The basis for its listing, including the identity and quantity of controlled hazardous substances thought to be present, if known; and
(iii)    The status or findings of the preliminary site assessment.
(3)    The Department shall conduct a preliminary site assessment of sites within 6 months of their initial listing. The preliminary site assessment shall provide the basis for listing a site on the disposal site registry.
(d)    (1)    By January 1, 1985, the Department shall publish a State Hazardous Substance Response Plan that shall set forth procedures and standards for responding to releases of hazardous substances.
(2)    The State Hazardous Substance Response Plan to the greatest extent practicable shall be consistent with the National Contingency Plan established under § 105 of the federal act.
(e)    (1)    The State Hazardous Substance Response Plan shall set forth the criteria for the final listing of sites and for ranking sites that require site investigation, restoration, and remedial action under this article.
(2)    The criteria shall take into account factors relating to public health and the environment, including:
(i)    Potential hazards to public health and the environment;
(ii)    The risk of fire or explosion;
(iii)    Toxic hazards; and
(iv)    The criteria established under § 105(8) of the federal act.
(f)    (1)    By January 1, 1986, the Secretary shall publish and revise at least annually a listing of hazardous waste sites, to be known as the disposal site registry.
(2)    The disposal site registry shall rank sites in priority for State remedial action, and include the following information with regard to each site:
(i)    A general description of the site, including its location, acreage, adjacent waterways, and estimates of the identity and the quantity of any controlled hazardous substance present;
(ii)    An assessment by the Department of any threat to public health or natural resources posed by the site;
(iii)    The status of any removal, restoration, or other remedial actions in progress or recommended by the Department;
(iv)    An assessment of the relative priority of the need for removal, restoration, or other remedial action at each site; and
(v)    A proposed time frame for site investigation and any necessary remedial action.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-224 - Prohibited Acts

(a)    Except as otherwise permitted in Title 9, Subtitle 3 of this article, a person may not store, discharge, treat, or dispose of a controlled hazardous substance in this State except:
(1)    In a controlled hazardous substance facility; and
(2)    In accordance with this subtitle.
(b)    A person may not treat or discharge low-level nuclear waste or establish or operate a facility for the storage or disposal of low-level nuclear waste except in accordance with this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-225 - High-Level Nuclear Waste Facility Prohibited

(a)    In this section, “high-level nuclear waste” means:
(1)    Spent nuclear reactor fuel;
(2)    Liquid waste that results from the operation, in a facility for reprocessing spent nuclear fuel, of a first cycle solvent extraction system or an equivalent system;
(3)    Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or
(4)    Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted.
(b)    This section does not apply to the federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units.
(c)    Except as expressly otherwise required by federal law, a person may not establish or operate a high-level nuclear waste facility for the treatment, permanent storage, or disposal of any high-level nuclear waste or transuranic waste.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-226 - Controlled Hazardous Substance Notification Report

(a)    This section does not apply to any controlled hazardous substance that is:
(1)    Used for residential purposes; or
(2)    Regulated by the State Department of Agriculture.
(b)    Any person who generates, uses, treats, stores, or disposes of a controlled hazardous substance at any time after 6 months from the date the Department issues a rule or regulation that identifies the hazardous substance to be a controlled hazardous substance shall file a report with the Department.
(c)    The report required by this section:
(1)    Shall be filed within a time set by the Department;
(2)    Shall be on the form provided by the Department; and
(3)    Shall include the following information about the controlled hazardous substance, if applicable:
(i)    Name of the hazardous substance.
(ii)    Volume.
(iii)    Quantity.
(iv)    Level and kind of radioactivity.
(v)    Half-life.
(vi)    Manner of management.
(vii)    Manner of disposal.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-227 - Interstate Compact on Low-Level Nuclear Waste

(a)    On behalf of this State, the Governor may negotiate an interstate compact for the storage or disposal of low-level nuclear wastes on a regional basis.
(b)    Unless federal law provides otherwise, any interstate compact negotiated under this section shall include provisions that limit the storage or disposal of any low-level nuclear waste under the interstate compact to low-level nuclear wastes produced in states that are members of the interstate compact.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-228 - Condemnation by Department

(a)    On behalf of this State and in accordance with the Real Property Article, the Department may acquire, by condemnation, any interest in land or facility if the Department determines that:
(1)    The condemnation is necessary to perform the duties imposed by this subtitle or for any other purpose authorized under this subtitle;
(2)    The land or facility poses a substantial threat to the public health; or
(3)    Any future disturbance of the land would pose a substantial threat to the natural resources of this State.
(b)    On behalf of this State, the Department may recover the cost of acquiring any land or facility which is acquired through condemnation under this section from any responsible person.
(c)    (1)    If an interest in land that was acquired under this section is not needed to carry out the provisions of this subtitle, the Department shall dispose of the land as soon as practicable.
(2)    The Department first shall offer the interest in land to the prior owner who shall have the right to purchase the land from the Department by paying the same amount paid by the Department to that owner at the time of condemnation.
(3)    If the prior owner does not exercise the rights conferred by this subsection, the Department shall dispose of the interest in land through public sale, taking into account the following factors:
(i)    The full recovery of any expenditures from the State Hazardous Substance Control Fund;
(ii)    To the extent practicable, the sale of the interest in land shall be at the fair market value;
(iii)    The effect of the sale on surrounding land values or uses; and
(iv)    The potential for public use of the interest in land by another public agency.
(4)    If the State recovers the cost of acquisition from any person under subsection (b) of this section, the State shall reimburse that person out of the proceeds of the sale of the interest in land.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part V - General Provisions › Section 7-229 - Immunity of Persons Providing Assistance in Connection With Release of Hazardous Substances or Materials

A person who is called on for assistance in an emergency has the immunity from civil liability or penalty described under § 5-617 of the Courts and Judicial Proceedings Article as a result of assistance or advice rendered in:
(1)    Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;
(2)    Preventing a discharge of a hazardous substance or material;
(3)    Cleaning up a discharge of a hazardous substance or material; or
(4)    Attempting any of the acts in this subsection.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-232 - Permit Required

(a)    A person shall hold a facility permit before the person may own, establish, operate, or maintain a controlled hazardous substance facility in this State.
(b)    Subject to § 7-233 of this subtitle, if the Department determines that a permit issued under Title 9, Subtitle 2 of this article is sufficient to carry out the purposes of this subtitle, that permit shall be considered a facility permit for purposes of this subtitle, subject to the fee and other provisions of this subtitle.
(c)    A separate facility permit is required for each controlled hazardous substance facility that a person owns, establishes, maintains, or operates.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-233 - Issuance of Low-Level Nuclear Waste Facility Permit

The Department may not issue a low-level nuclear waste facility permit to a person unless:
(1)    The person meets the requirements of this subtitle for a low-level nuclear waste facility permit; and
(2)    (i)    The low-level nuclear waste facility permit conforms to any interstate low-level nuclear waste disposal compact of which this State is a member;
(ii)    The Governor issues an executive order under § 7-234 of this subtitle; or
(iii)    The Department determines under standards set by its rules or regulations that:
1.    The half-life or specific activity of the low-level nuclear waste is such that within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and
2.    The low-level nuclear waste can be disposed of in the same manner as other hazardous substances or handled as conventional waste.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-234 - Executive Order

(a)    The Governor may issue an executive order that allows the Department to issue a low-level nuclear waste facility permit if the Governor finds that there is a substantial likelihood that the absence of a low-level nuclear waste facility, inside or outside this State, will:
(1)    Cause a cessation in this State of power generation, medical treatments, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or
(2)    Otherwise present a serious threat to public safety or health.
(b)    The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session.
(c)    Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house concur, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-235 - Application for Facility Permit

To apply for a facility permit, an applicant shall:
(1)    Submit an application to the Department on the form that the Department requires; and
(2)    Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-236 - Conditions Prerequisite to Issuance of Controlled Hazardous Waste Facility Permit

(a)    As a prerequisite to the issuance of a facility permit, the Department shall require an applicant:
(1)    To provide evidence of financial ability to properly establish, operate, and maintain a controlled hazardous substance facility;
(2)    To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7–242 of this subtitle;
(3)    To agree to permit access to the controlled hazardous substance facility for the purposes of any inspection permitted or required under this subtitle; and
(4)    To pay the permit fee assessed under § 7–237 of this subtitle.
(b)    In addition to the requirements of subsection (a) of this section, the Department shall require an applicant for a permit for a low–level nuclear waste facility to report to the Department the extent and nature of its training program for the safe handling of low–level nuclear waste.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-237 - Facility Permit Fee

The Department shall set each facility permit fee on the basis of:
(1)    The threat to the environment posed by the particular controlled hazardous substance that is to be treated, stored, or disposed of in the controlled hazardous substance facility;
(2)    The anticipated cost of monitoring and regulating the controlled hazardous substance facility;
(3)    The anticipated cost of removing and properly disposing of any controlled hazardous substance that may escape from the controlled hazardous substance facility; and
(4)    The anticipated needs for program development activities that relate to management of controlled hazardous substances.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-238 - Term and Renewal of Permits

(a)    (1)    Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at issuance or renewal.
(2)    Unless the controlled hazardous substance facility is a low-level nuclear waste facility, the Department may not issue a facility permit for a term longer than 10 years. The Department may issue a low-level nuclear waste facility permit for a term not longer than 5 years.
(b)    The Department may renew a facility permit if the permit holder:
(1)    Has complied with all appropriate rules and regulations;
(2)    Pays to the Department the renewal fee set by the Department; and
(3)    Submits to the Department a renewal application on the form the Department requires.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-239 - Issuance of Facility Permit

(a)    Before the Department issues a controlled hazardous substance facility permit, the Department and the applicant shall comply with Title 1, Subtitle 6 of this article.
(b)    Before the Department issues a low–level nuclear waste facility permit:
(1)    The Department and the applicant shall comply with Title 1, Subtitle 6 of this article; and
(2)    The Department shall conduct any public hearing required by § 1–604 of this article:
(i)    Using teleconference or Internet–based conferencing technology; or
(ii)    In person in the county where the proposed facility is to be located.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-239.1 - Definitions

(a)    In §§ 7–239.1 through 7–239.4 of this subtitle the following words have the meanings indicated.
(b)    (1)    “Chemical warfare material” means any of the following:
(i)    Adamsite (phenarsazine chloride);
(ii)    GA (Ethyl–N, N–dimethyl phosphoramidocyanidate);
(iii)    GB (Isopropyl methyl phosphonofluoridate);
(iv)    GD (Pinacolyl methylphosphonofluoridate);
(v)    H, HD (Bis(2–chloroethyl) sulfide);
(vi)    HT (60 percent HD and 40 percent T (Bis[2(2–chloroethyl– thio)ethyl]ester));
(vii)    L (Dichloro(2–chlorovinyl)arsine);
(viii)    T (2–2’ Di (3–chloroethylthio)–diethyl ether); or
(ix)    VX (O–ethyl–S–(2–diisopropylaminoethyl) methyl phosphonothiolate).
(2)    “Chemical warfare material” includes any substance that has chemical warfare material as an active or principal ingredient or ingredients, and degradation products of chemical warfare material.
(c)    (1)    “Monitoring data” means data from actual stack emissions under all operating conditions at a controlled hazardous substance facility.
(2)    “Monitoring data” does not include trial burn data or data derived from incineration of agent simulants.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-239.2 - Legislative Findings; Compliance With Requirements of Subtitle

(a)    The State of Maryland finds that the chemical warfare materials specified under § 7-239.1 of this subtitle were designed for warfare, specifically the destruction of human beings, and for no legitimate civilian industrial use.
(b)    The State recognizes the need to dispose of these chemical warfare materials as safely as possible, ensuring the health and safety of State residents by the regulation of their release into the environment.
(c)    Since these chemical warfare materials are highly toxic or carcinogenic, in addition to any other applicable requirements at law, the State shall require without exemption or waiver that an applicant for the treatment by incineration of chemical warfare materials shall comply with all the requirements of this subtitle and all regulations adopted under this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-239.3 - Permit for Construction, Material Alteration, or Operation of Controlled Hazardous Substance Facility

(a)    A chemical warfare material that is a solid waste is a controlled hazardous substance.
(b)    In addition to any other applicable requirements, the Department may not issue a permit for the construction, material alteration, or operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material unless:
(1)    The permit applicant demonstrates to the satisfaction of the Department prior to issuance of a controlled hazardous substance facility permit:
(i)    That the proposed incinerator technology has consistently met all applicable federal and State performance standards in an operational facility comparable to the proposed facility for a period of time and under conditions acceptable to the Department;
(ii)    That emissions and monitoring data from a comparable facility demonstrate compliance with State toxic air pollutant standards established under Title 2 of this article;
(iii)    That a destruction and removal efficiency of 99.9999 percent is achievable for each chemical warfare material to be incinerated at the facility;
(iv)    That the applicant has made adequate provision to support and fund the development of a plan that demonstrates the capability of removing, sheltering, and protecting persons from the largest area at risk from a worst-case release, as defined by the Department;
(v)    That an emergency preparedness plan has been developed with adequate public participation that provides training, coordination, and equipment necessary for State and local emergency response personnel and community members to respond to a release of a chemical warfare material from the proposed facility; and
(vi)    That the emergency preparedness plan has been presented at public meetings in each county potentially impacted by a worst-case release;
(2)    The Department finds that the applicant has fully evaluated all reasonable alternative methods for treatment or disposal including transport to a less populated disposal site in order to create less risk of release or harm to the general public or the environment; and
(3)    The local governing body of each county and municipal corporation included in the worst-case release has a reasonable opportunity to review and provide comment on the facility permit application and the emergency preparedness plan under paragraph (1)(v) of this subsection.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-239.4 - Operation of Controlled Hazardous Substance Facility

(a)    The Department shall require as conditions of operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material that:
(1)    Treatment by incineration be monitored on a continuous basis;
(2)    Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and
(3)    Monitoring data and reviews be reported to the Department in the manner and frequency determined appropriate by the Department.
(b)    Any permit issued under this section shall be for a quantity that is specifically identified and:
(1)    May be renewed for good cause as to the length of time for completion of the incineration authorized under the permit; but
(2)    May not be modified as to the amount of controlled hazardous substance to be destroyed.
(c)    After destruction of the specific quantity of the controlled hazardous substance allowed by the terms of the permit issued under this section, the incinerator shall be disassembled and disposed of in accordance with all applicable federal and State performance standards and in a time period established by the permit.
(d)    In addition to the facility permit fee required under § 7-237 of this subtitle, the applicant shall pay the compensation of an independent third party with whom the Department may contract for the review of application materials and monitoring data.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-240 - Denial of Application -- Grounds

The Department may deny an application for a facility permit if the Department finds that:
(1)    The controlled hazardous substance facility cannot handle, treat, store, or dispose of a particular controlled hazardous substance without imposing an undue risk to the environment; or
(2)    The owner of the land or any person making application has violated:
(i)    Any law of this or any other state concerning controlled hazardous substances; or
(ii)    Any rule or regulation or permit condition of this or any other state concerning controlled hazardous substances.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-242 - Required Standards for Maintenance of Permit

(a)    As a requirement for keeping the facility permit, each facility permit holder shall:
(1)    Maintain a bond or other security that the Department considers sufficient to cover any cost for:
(i)    Guaranteeing fulfillment of all requirements related to the facility permit;
(ii)    Monitoring, maintaining, or closing the controlled hazardous substance facility; and
(iii)    Assuring the security of the controlled hazardous substance facility after closing;
(2)    Design, construct, and operate the controlled hazardous substance facility in the manner approved by the Department;
(3)    Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;
(4)    Report periodically on the controlled hazardous substance that is received and discharged by the controlled hazardous substance facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature;
(5)    In appropriate circumstances, assist in any transfer of the ownership and operation of a controlled hazardous substance facility to a qualified agency of this State or any political subdivision of this State; and
(6)    To the extent reasonably practicable, restore the controlled hazardous substance facility site to its original condition if use as a controlled hazardous substance facility is terminated.
(b)    In addition to the requirements for keeping a facility permit under subsection (a) of this section, each low-level nuclear waste facility permit holder shall:
(1)    Ensure that any low-level nuclear waste being shipped to the low-level nuclear waste facility is labeled and transported in accordance with this subtitle;
(2)    Refuse to accept for disposal any low-level nuclear waste that has not been labeled or transported in accordance with this subtitle; and
(3)    Comply with any other requirements the Department sets.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-243 - Notification of Radiation Escape Required

If any radiation escapes from a low-level nuclear facility into the environment, the low-level nuclear waste facility permit holder shall:
(1)    Notify the Department promptly of:
(i)    The name of the radioactive substance involved;
(ii)    The quantity of the radioactive substance released;
(iii)    The intensity of the radiation released; and
(iv)    The composition of all radionuclides of the radioactive substance in terms of constituent weights; and
(2)    Provide any additional information that the Department requests.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 2 - Controlled Hazardous Substances › Part VI - Controlled Hazardous Substance Facility Permit › Section 7-244 - Low-Level Nuclear Waste Reports

(a)    If a report related to low-level nuclear waste is filed by an applicant for or a holder of a low-level nuclear waste facility permit, the Department shall inform the applicant or permit holder, in writing, whether the information contained in the report is acceptable.
(b)    From the reports filed with the Department that relate to low-level nuclear waste, the Department shall compile information and once each year publish low-level nuclear waste reports that:
(1)    Index the type and quantity of low-level nuclear waste generated, stored, or disposed of in each political subdivision;
(2)    Detail the activities at each low-level nuclear waste facility; and
(3)    Analyze, in detail, the status and quantity of low-level nuclear waste in this State.