reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Public Information Act,
				State Government Article, §§
										10-611 -10-628,
				Annotated Code of Maryland.
(2)
				"Applicant" means a person requesting disclosure of public records.
(3) "Authority" means the Northeast Maryland
				Waste Disposal Authority.
(4)
				"Custodian" means and includes the official custodian or any authorized person
				employed by the Authority having personal custody and control of public records
				of the Authority.
(5) "Official
				custodian" means the person who is responsible for the maintenance, care, and
				keeping of the public records of the Authority. Unless otherwise provided by
				law, the Executive Director of the Authority is the official custodian of the
				Authority's records.
(6) "Public
				record" has the meaning stated in State Government Article, §
										10-611(g),
				Annotated Code of Maryland.
(7)
				"Working day" means a day other than Saturday, Sunday, or State holiday or
				national holiday.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Inspections.
(1) Except as otherwise provided
				in this regulation, the custodian shall generally make public records available
				for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written
				request if the custodian reasonably believes that the Act or any other law may
				prevent the disclosure of the public record to the applicant or that a written
				request will materially assist the Authority in responding to the
				request.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name and
				  address, shall be signed by the applicant, and shall reasonably identify by
				  brief description the public record sought.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.06 - Filing Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the
				  record. If the custodian is unknown to the applicant, the request may be
				  addressed to the Executive Director of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.07 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				If the custodian decides to grant a written request for inspection, the
				custodian shall produce the record for inspection immediately or within a
				reasonable period, not to exceed 30 days from the date of the request when that
				period of time is needed to retrieve the information.
B. If the custodian decides to deny the
				written request, the custodian shall do so within 30 days of the written
				request and immediately upon deciding to deny the request, notify the applicant
				of the denial.
C. If a requested
				public record is not in the custody or control of the person to whom written
				application is made, that person shall, within 10 working days of the receipt
				of the request, so notify the applicant. If that person knows the name of the
				custodian of the record or the location or possible location of the record,
				this information shall also be given to the applicant.
D. With the consent of the applicant, any
				time limit imposed by §§A-C may be extended for an additional period
				not to exceed 30 days.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.08 - Notification of Persons Who May Be Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the custodian may notify any person
				  who could be adversely affected by disclosure of a public record to the
				  applicant that a request for inspection or copying of the record has been made.
				  The custodian may solicit and consider the viewpoint of that person before
				  deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is in the custody and control of
				  the person to whom written application is made but is not immediately available
				  for inspection or copying, the custodian shall promptly notify the applicant
				  that the public record is not immediately available, and schedule a date and
				  hour within a reasonable time for inspection or copying.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested record has been destroyed or lost, the
				  custodian to whom the application is made shall promptly notify the applicant
				  of this fact and explain in the response the reasons why the record cannot be
				  produced.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.11 - Review of a Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				written request is denied by the custodian for a reason other than that the
				record is temporarily unavailable, the applicant may, within 30 days after
				receipt of the notice of the denial, request an administrative
				hearing.
B. If the applicant
				requests a hearing, the hearing shall be conducted by a hearing officer
				designated by the Executive Director of the Authority and the hearing shall be
				governed by State Government Article, Title 10, Subtitle 2, Annotated Code of
				Maryland. After the hearing, the hearing officer shall prepare a recommended
				decision for the Executive Director. The Executive Director shall issue the
				final decision of the Authority unless the Executive Director delegates the
				final decision authority.
C. If the
				hearing results in a total or partial denial of the written request, the
				applicant may file an appropriate action in the circuit court under State
				Government Article, §10-623, Annotated Code of Maryland:
D. If the applicant chooses not to request a
				hearing under §A, above, the applicant may file an action for judicial
				enforcement under State Government Article, §10-623, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.12 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, in the opinion of the official
				custodian, disclosure of any public record that is otherwise required to be
				disclosed under the Act would do substantial injury to the public interest, the
				official custodian may temporarily deny the request in writing and apply within
				10 working days of the denial to the appropriate circuit court for an order
				permitting continued denial or restriction of access. Notice of the application
				filed with the circuit court shall be served on the applicant in the same
				manner that is provided for service of process by the Maryland Rules of
				Procedure.
B. The official
				custodian may solicit and consider the advice and counsel of a person or
				persons specializing in the fields of law, engineering, or finance in order to
				form an opinion as to whether the application should be denied.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule
				for copying and certifying copies of records is as follows:
(1) Copies. The fee for each copy is $.25 per
				page if reproduction is made by a photocopying machine within the Authority. If
				records are not susceptible to photocopying (for example, punch cards, magnetic
				tapes, blueprints, and microfilm), the fee for copies is based on the actual
				cost of reproduction.
(2)
				Certification of Copies. If an applicant requests that a copy of a record be
				certified as a true copy, an additional fee of $1 per page or, if appropriate,
				per item shall be charged.
(3)
				Minimum Fee Charged. A charge may not be made if the total amount of the fee
				would be $1 or less.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.14 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record permitted under
				  the Act and these regulations during the normal working hours of the
				  Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.03 - Public Information Requests › Section 14.13.03.15 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the public
				  record is located unless the custodian, after taking into account the
				  applicant's expressed wish, determines that another place of inspection is more
				  suitable and convenient.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set out procedures within the Northeast
				  Maryland Waste Disposal Authority for persons in interest to request the
				  correction or amendment of personal records under State Government Article,
				  §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Authority"
				means the Northeast Maryland Waste Disposal Authority.
B. "Custodian" means and includes the
				official custodian or any authorized person employed by the Authority having
				personal custody and control of public records of the Authority.
C. "Official custodian" means the person who
				is responsible for the maintenance, care, and keeping of the public records of
				the Authority. Unless otherwise provided by law, the Executive Director of the
				Authority is the official custodian of the Authority's records.
D. "Person in interest" means and includes
				the person who is the subject of a record or any representative designated by
				that person, except that if the subject of the record is under legal
				disability, the term "person in interest" shall mean and include the parent or
				duly appointed legal representative.
E. "Personal records" means and includes any
				public record that contains information pertaining to a natural person whose
				identity can be ascertained from the public record with reasonable certainty
				either by name, address, number, description, finger or voice print, picture,
				or any other identifying factor or factors.
F. "Third party" means any natural person,
				corporation, partnership, firm, association or governmental agency who is not a
				"person in interest."
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest who has the right to inspect records
				  pursuant to State Government Article, §
									10-614 --10-619,
				  Annotated Code of Maryland, may request the Authority to correct or amend any
				  personal records pursuant to State Government Article, §10-625, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or
				  amendment in writing. Each request shall:
A. Identify the personal records the person
				is seeking to correct or amend;
B.
				State the precise correction or amendment requested;
C. State the reason the correction or
				amendment is sought; and
D. Include
				the statement that the personal records are to the person's belief currently
				inaccurate or incomplete.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.05 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of the records shall be
				  filed with the Authority by addressing it to the custodian of the record. If
				  the custodian is unknown to the person in interest, the request may be
				  addressed to the Executive Director, Northeast Maryland Waste Disposal
				  Authority, 131 East Redwood Street, Suite 503, Baltimore, Maryland
				  21202-1275.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.06 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment will be considered
				  filed with the Authority when received only to the extent that it reasonably
				  complies with Regulation . 04. If a request does not reasonably comply with
				  Regulation .04, it shall be returned to the person with an explanation of the
				  reason for the return and a statement that, upon proper completion, it may be
				  refiled with the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the completed request for correction or
				  amendment that complies with Regulations . 04 and .05 is received, the
				  custodian of the record shall:
A. Make
				the requested correction or amendment and inform the person in writing of the
				action;
B. Inform the person in
				writing of the:
(1) Authority's refusal to
				make the requested correction or amendment,
(2) Reason for the refusal; or
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.08 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Authority's final determination under Regulation . 07
				  is to refuse the requested correction and amendment, as authorized by
				  Regulation .07B, the person in interest may file with the Authority a concise
				  statement, not to exceed five 8 x 11 inch pages, of the reasons for:
A. The requested correction or amendment;
				and
B. Disagreement with the
				Authority's refusal to make the correction or amendment.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.09 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Authority discloses to a third party information
				  from personal records about which a statement in compliance with Regulation .
				  08 has been filed, the Authority shall furnish a copy of the statement to the
				  third party.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.04 - Correction or Amendment of Personal Records › Section 14.13.04.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in
				interest may request an administrative review within the Authority by filing a
				request for review with the Executive Director if the person in interest has
				been denied:
(1) An amendment or correction of
				a record;
(2) The right to file a
				statement; or
(3) The right to have
				a statement forwarded to a third party pursuant to Regulation .09.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures regarding the conduct of
				  persons attending open meetings, and the recording and broadcasting of open
				  meetings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meaning indicated.
B. Terms Defined.
(1) "Authority" means the Northeast Maryland
				Waste Disposal Authority.
(2) "Open
				session" means a meeting of the Authority required to be open to the public
				pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle
				5, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.03 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				general public is invited to attend and observe an open session of the
				Authority.
B. Except in instances
				when the Authority expressly invites public testimony, questions, comments, or
				other forms of public participation, or when public participation is otherwise
				authorized by law, a member of the public attending an open session may not
				participate in the session.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.04 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual attending an open session of the Authority may not engage in any
				conduct, including but not limited to visual demonstrations such as the display
				of placards, signs, or banners, that disrupts the session or interferes with
				the right of a member of the public to attend and observe the
				session.
B. The presiding officer
				may:
(1) Order a person who engages in
				conduct prohibited by §A of this regulation or who violates any other
				regulation concerning the conduct of the open session to be removed from the
				session;
(2) Request police or
				other assistance to restore order; and
(3) Recess the open session while order is
				restored.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.05 - Recording, Photocopying, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the
				public, including a representative of the news media, may:
(1) Record discussions of the Authority at an
				open session by means of a tape recorder or other recording device if the
				device does not create noise that disturbs members of the Authority or others
				attending the open session; and
(2)
				Photograph or videotape the proceedings of the Authority at an open session if
				the camera is operated without excessively bright artificial light or noise
				that disturbs members of the Authority or others attending the open
				session.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 13 - NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY › Chapter 14.13.05 - Open Meetings › Section 14.13.05.06 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the
				  public, including a representative of the news media, or any transcript derived
				  from a recording, is not a part of the record of any proceeding of the open
				  session.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Hazardous Waste
				Facilities Siting Program Act, Title 3, Subtitle 7 of the Natural Resources
				Article, Annotated Code of Maryland (Laws of 1980, Ch. 528).
(2) "Applicant" means a person, partnership,
				corporation, association, governmental body, or other entity that submits an
				application.
(3) "Application"
				means a written request for a certificate of public necessity from the Board
				submitted in accordance with these regulations.
(4) "Board" means the Hazardous Waste
				Facilities Siting Board.
(5)
				"Certificate" means a certificate of public necessity issued by the
				Board.
(6) "Department" means,
				unless otherwise indicated, the State Department of Health and Mental Hygiene,
				or any other successor State agency with primary regulatory responsibility over
				hazardous waste.
(7) "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
				waste.
(8) "Hazardous waste" means
				any waste substance or material designated as a hazardous substance pursuant to
				Natural Resources Article, § 8-1413.2, Annotated Code of Maryland, and
				COMAR Title 10, Subtitle 51, as amended.
(9) "Permit" means any regulatory permit that
				may be required of the applicant by any State or federal regulatory agency.
				This includes a facility permit required by the Department, any permit for
				emissions of air, water, noise, or other pollutants required by the Department
				or the United States Environmental Protection Agency, or a floodplain or stream
				diversion permit required by the Department of Natural Resources, as the case
				may be.
(10) "Secretary" means
				Secretary to the Board.
(11)
				"Service" means the Maryland Environmental Service.
(12) "Site" means the geographic area to be
				occupied by a facility, including buffer or security areas and areas used for
				any appurtenant functions.
(13)
				"Subdivision" means the 23 counties or Baltimore City and other incorporated
				municipalities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.02 - Statutory References

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				"Administrative Procedure Act" means Article 41, §§ 244-256,
				Annotated Code of Maryland, as amended.
B. "Public Information Act" means Article
				76A, Annotated Code of Maryland, as amended.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.03 - General Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board may adopt standing rules governing details of the conduct of business by
				the Board. Standing rules may be suspended for the duration of a meeting by
				majority vote of those present. Proceedings shall be governed by Roberts Rules
				of Order, Revised, except as otherwise provided by these regulations, by law,
				or by standing rules of the Board.
B. Absence of Chairman.
(1) The Chairman may appoint a member of the
				Board to preside in his or her absence.
(2) When the Chairman has not appointed a
				presiding officer to serve in his or her absence, the Board will elect a
				Chairman pro tem to serve until the Chairman returns.
(3) In case of extended absence of the
				Chairman, that fact will be brought to the Governor's attention.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.04 - Public Hearings Held Other than to Consider Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. All public
				hearings, other than those held to consider applications, will be held at a
				location or locations directed by the Board.
B. Notice will be published in the Maryland
				Register at least 15 calendar days in advance.
C. Notice by ordinary mailing will be given
				to any person who has requested to receive notice of Board meetings.
D. The Chairman may preside over the hearing
				or may designate another Board member or other person as hearing
				officer.
E. The Board may establish
				procedural rules governing the conduct of hearings, consolidation of hearings,
				ceding of time, time limits, and other such matters as the Board finds
				appropriate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.05 - Public Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. All
				records of the Board are subject to inspection and copying as provided in the
				Public Information Act, Article 76A,§ 1-5 A, Annotated Code of Maryland.
				It is the policy of the Board to facilitate public access to the records of the
				Board, when access is allowed by law, by minimizing costs and time delays to
				persons requesting information.
B.
				Definitions.
(1) "Custodian" means an
				authorized person employed by the Board having personal custody and control of
				public records of the Board.
(2)
				"Information requester" means a person requesting disclosure of public
				records.
(3) "Official custodian"
				means the person who is responsible for the maintenance, care, and keeping of
				the public records of the Board. Unless otherwise provided by law, the
				Secretary is the official custodian of the Board's records.
(4) "Public records" means all paper,
				correspondence, forms, books, photographs, photostats, films, microfilms, sound
				recordings, maps, drawings, or other written documents, regardless of physical
				form or characteristics. "Public records" includes all copies made or received
				by the Board in connection with the transaction of public business and includes
				the salaries of all employees of the Board.
(5) "Working day" means a day other than a
				Saturday, Sunday, or a State holiday.
(6) "Written documents" means all books,
				papers, maps, photographs, cards, tapes, recordings, computerized records, and
				other documentary materials, regardless of physical form or
				characteristics.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.01 - General Administrative Procedures › Section 14.14.01.06 - Petitions for Adoption, Amendment, or Repeal of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. These
				regulations set out procedures for interested persons to petition the Board for
				the promulgation, amendment, or repeal of regulations over which the Board has
				authority.
B. Definitions.
(1) "Petition" means a petition to
				promulgate, amend, or repeal a regulation.
(2) "Regulation" means rule as defined in the
				Administrative Procedure Act, Article 41,§ 244(b), Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.02 - Determination of Need for a Facility and Suitability of a Site › Section 14.14.02.01 - Determination of Need

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				shall periodically make a determination of the Statewide or regional need for a
				certain type of facility. The types and quantities, both current and projected,
				of hazardous waste generated in the State shall be estimated and the means
				available for their safe treatment, storage, and disposal determined. The Board
				may also determine the desirability of public or private ownership for a
				particular type of facility.
B.
				Following this determination of need, the Board may adopt a policy concerning
				the need for a certain type of facility. This adopted policy shall constitute a
				conclusive determination and is not subject to adjudication in other
				administrative proceedings of the Board.
C. In its sole discretion, the Board may
				decide to consider applications only for facilities which are consistent with
				its adopted policy or policies. Upon determination that there exists a need for
				a particular type of facility, the Board shall publish this need to the public
				in the Maryland Register and solicit applications for this facility.
D. Before adoption of a need policy, the
				Board shall hold a public hearing or hearings conducted in accordance with
				COMAR 14.14.01.04B. n
				advance of the hearing or hearings, the Board may make available for inspection
				or copying, any plans, surveys, reports, or studies made at the Board's
				direction which are relevant to the proceeding.
E. The Department shall be consulted in
				preparation of plans and surveys for determination of need. Plans and surveys
				so prepared shall be provided to the Department for inclusion in the Statewide
				solid waste management plan required by the Resource Conservation and Recovery
				Act of 1976.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.02 - Determination of Need for a Facility and Suitability of a Site › Section 14.14.02.02 - Determination of Suitability

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Board may consolidate consideration of applications which are in competition
				for the same sites or which are intended to fulfill the same need identified by
				Board policy. The applications may be evaluated comparatively to determine the
				most suitable site or sites and facility or facilities.
B. The Board shall consider, as required by
				law, environmental, social, technical, and economic factors as they apply to a
				particular site. The Board will deny certification if any of these factors
				would create an unacceptable impact on public health, safety, or the quality of
				the environment.
C. Issuance of a
				certificate does not convey authorization to build or operate a facility. The
				design, construction, and operation of a facility and the associated
				transportation of hazardous waste to and from the facility remain subject to
				all environmental, health, and safety restrictions that may be imposed by State
				or federal regulatory agencies under applicable law and regulation. The Board
				will coordinate its activities with those agencies having authority over
				hazardous waste. Requirements for the submission of information, technical
				determinations, or any other appropriate matter will be coordinated so as to
				avoid duplication and the possibility of inconsistent regulatory decisions. As
				set forth in these regulations, this may include deferring consideration of
				certain disputed issues of fact involving technical matters to those regulatory
				agencies with a particular expertise in them (with the consent of the agency).
				If the Board relies on or requires certain premises or conditions before it
				will issue a certificate, and these premises or conditions change as a result
				of the imposition of permit conditions by other regulatory agencies, the Board
				may, in its sole discretion, revoke or amend the certificate as
				appropriate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.01 - Application Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				submission of an application, a potential applicant may be requested to:
(1) Attend a preliminary conference with the
				Secretary to obtain information concerning the Board's procedures, guidelines,
				policies, and scheduling regarding submission of applications; and
(2) Have first applied for any regulatory
				permits required and to have progressed at least through evaluation of
				preliminary design concepts in pursuit of these permits.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.02 - Content of Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Applicant's Burden of Production. An applicant shall have the burden of setting
				forth in the application the information described in this regulation and all
				other factual, technical, or expert information which the applicant wishes the
				Board to consider in acting on the application. In addition, an applicant shall
				have the burden of setting forth in the application each inference or
				conclusion which the applicant is asking the Board to make in determining to
				issue a certificate of public necessity in accordance with the Natural
				Resources Article, §§3-702 and 3-705, Annotated Code of Maryland, and
				shall have the burden of relating in the application the informational basis
				for each inference or conclusion. The Board will not determine an application
				to be complete unless and until the applicant has met these burdens.
B. Format.
(1) Each application shall contain a letter
				of intent signed by a person with the authority to obligate the firm or other
				entity submitting the application. The letter shall state the purpose of the
				application and shall reference supporting information. The applicant shall
				submit the application to the Board in care of the Secretary.
(2) The letter of intent shall be supported
				and accompanied by any forms required by the Board and supplemental reports or
				other materials which shall contain information of the type, quality, and
				detail that will permit adequate consideration of the application by the Board.
				The supporting reports and any supplemental information submitted shall be
				considered an integral part of the application.
(3) Each application shall contain a summary
				of the proposed site and facility. The summary shall include a factual
				description of the site, the facility and the treatment, disposal, or recovery
				process proposed and shall highlight any major risks to the environment and
				public health or safety associated with the proposal and describe the methods
				proposed to eliminate or reduce those risks. The applicant shall highlight in
				the summary the conclusions and inferences the applicant is asking the Board to
				make in accordance with§A.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.03 - Procedure for Issuing Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The notice required by Regulation .01D(7)
				announcing that a completed application has been received shall contain a brief
				description of the applicant, site, and facility. It shall also indicate the
				date, time, and place of the information meeting between the applicant and
				interested members of the general public. It shall also indicate the
				possibility of a pre-hearing conference or further procedures as outlined in
				Regulation .04, below, if an adjudicatory hearing is to be convened. The notice
				shall advise that the completed application (including the applicant's summary)
				is available for inspection and copying at the office of the
				Secretary.
B. This notice shall
				appear in the Maryland Register and in one or more newspapers of general
				circulation in the affected county or counties. The cost of all legal notices
				shall be paid for by the applicant.
C. Any person (other than the applicant or
				person requesting an adjudicatory hearing pursuant to Regulation .04 below)
				desiring to make known to the Board other relevant facts concerning an
				application shall do so within 50 days of the public notice of the completed
				application. Failure to provide the Board with this information within the 50
				day period will preclude its consideration by the Board, unless the Board
				determines that the information could not have been submitted during the 50-day
				period. The applicant shall have the opportunity to contest any such
				information.
D. Information Meeting
				with Applicant.
(1) A meeting with interested
				members of the public shall be held in the county in which the proposed site is
				located at which the applicant will present and discuss its application. The
				information meeting is the first phase of the public participation
				process.
(2) If the proposed site
				is located in two or more counties, the meeting will be held at a location
				reasonably convenient and accessible to citizens in all these
				counties.
(3) Notice of the meeting
				shall be published in the Maryland Register and in one or more newspapers of
				general circulation in the affected county or counties and sent by ordinary
				mail to any person who has requested to receive notice of Board meetings. The
				costs of this notice shall be borne by the applicant.
(4) The meeting will be conducted by the
				Secretary. The applicant will present its proposal and entertain
				questions.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.04 - Procedure for Adjudicatory Hearing on an Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Definitions.
(1) "Adjudicative fact" means facts which
				involve a particular party or facility and have no general applicability--for
				example, the types and quantities of pollutant emissions which one facility
				will have.
(2) "Adjudicatory
				hearing" means a contested case hearing conducted pursuant to the relevant
				provisions of the Act and the Administrative Procedure Act.
(3) "Requester" means the person requesting
				an adjudicatory hearing who seeks to or has become a party to the proceedings,
				and whose legal rights, duties, statutory entitlements, or privileges are
				adversely affected by the decision of the Board on an application.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.05 - Procedure for Public Hearing on an Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. After completion of the factual record for
				each application being considered, the Board shall schedule a public hearing.
				The hearing shall be held in the county in which the proposed site is located.
				If the proposed site is located in two or more counties, the hearing will be
				held at a location reasonably convenient and accessible to the citizens of all
				these counties.
B. Notice.
(1) Notice will be given by:
(a) Publication at least 15 calendar days in
				advance in the Maryland Register and one or more newspapers of general
				circulation in the county or counties in which the proposed site is
				located;
(b) Ordinary mail to the
				governing body of any county in which the proposed site is located and the
				governing body of every adjoining county and every incorporated municipality
				within 10 miles of the site; and
(c) Ordinary mail to any person who has
				requested to receive notice of Board meetings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.06 - Decision to Issue or Deny a Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
After consideration of information submitted as part of the
				  application, findings of fact determined at any adjudicatory hearing or
				  otherwise, the advice and comments of interested persons, and other relevant
				  information, the Board shall announce its decision to grant or deny a
				  certificate. The Board shall promptly notify by certified mail, the applicant,
				  other parties to any adjudicatory hearings, and the chief executive officer of
				  any municipality within 10 miles of the proposed site and of any affected
				  county of its decision. The Board shall include in the notice its reasons for
				  granting or denying a certificate and shall state the terms and conditions of
				  the certificate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.03 - Procedure for Application, Evaluation, and Issuance of Certificates › Section 14.14.03.07 - Form, Terms, and Conditions of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. The certificate shall state the following:
(1) A statement in large print that it is a
				Certificate of Public Necessity;
(2) A citation to the statutory authority for
				issuance;
(3) The signatures of the
				Chairman and the Secretary;
(4) The
				effective date and, when appropriate, a renewal date;
(5) The purpose for which the certificate is
				issued;
(6) A description of the
				site and proposed facility;
(7) All
				terms and conditions;
(8) Any
				referenced exhibits to be attached or incorporated by reference into the
				certificate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.04 - Enforcement of Certification › Section 14.14.04.01 - Monitoring and Enforcement of Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall enter into agreements with
				the Department or other appropriate governmental agencies for the monitoring of
				compliance with the terms and conditions of any certificate. Evidence of
				violations received by the Board shall be referred to the appropriate
				enforcement agency.
B. In the
				certificate, the Board shall, to the extent feasible, identify the agency or
				agencies responsible for monitoring and enforcement activities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.04 - Enforcement of Certification › Section 14.14.04.02 - Revocation of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. It
				shall be the policy of the Board that reasonable efforts shall be made to
				resolve complaints or violations in a manner which encourages voluntary
				compliance and full cooperation with all parties. However, if the frequency,
				pattern, or type of complaint or violation is of serious concern to the Board,
				or upon the request of any appropriate federal, State, or local government or
				agency, the Board may revoke a certificate.
B. The revocation process shall include the
				following procedural elements:
(1) The Board
				shall notify the certificate holder of its concern by certified mail. The
				notice shall state that the Board is considering possible revocation
				proceedings and shall direct that the certificate holder show cause why these
				proceedings should not be initiated. The certificate holder shall have 15
				calendar days from receipt of the letter to respond.
(2) Upon receipt of the response from the
				certificate holder or if no response is given, the Board may decide to:
(a) Take no further action;
(b) Hold an adjudicatory hearing pursuant to
				the requirements of the Administrative Procedure Act to consider revocation of
				the certificate or imposition of additional terms or conditions on the
				certificate holder.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 14 - HAZARDOUS WASTE FACILITIES SITING BOARD › Chapter 14.14.04 - Enforcement of Certification › Section 14.14.04.03 - Renewal of Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				certificate which contains a time limit on the life of the certificate shall be
				renewed by the Board for an appropriate term after the following:
(1) A public hearing is conducted at which
				the applicant and public may present evidence and testimony concerning the
				renewal.
(2) A review is conducted
				by the Board which includes consideration of the:
(a) Continued need for the
				facility;
(b) Quality of operation
				of the facility; and
(c) Compliance
				with the conditions of the certificate.