reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.06 - Conditions of a License or Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. License Conditions. Standard conditions of
				  a tidal wetlands license shall be imposed by the Board in accordance with COMAR
				  23.02.04.13 o.
B. The Department may recommend that the
				  Board include special conditions, including requirements for maintenance
				  dredging, mitigation, compensation, and financial assurances, in accordance
				  with COMAR
				  23.02.04.14 o. The Department
				  shall use the guidelines in C-----L of this regulation in recommending
				  conditions to the Board.
C. The
				  licensee shall submit a construction schedule to the Department 10 days before
				  the beginning of construction.
D.
				  The use of construction equipment or other temporary structural barriers may
				  not decrease the width of the navigable waterway by more than 50 percent during
				  construction, unless approved by the Department.
E. The Department may prohibit dredging
				  during certain times to protect shellfish. The Department may determine time
				  restrictions in accordance with the following:
(1) Factors including the type of project,
				  nature of the bottom substrate, location, and other physical site
				  characteristics of the site;
(2)
				  Mechanical dredging within 500 yards of shellfish areas is prohibited from
				  December 16 through March 14, and June 1 through September 30; and
(3) Hydraulic dredging within 500 yards of
				  shellfish areas is prohibited from June 1 through September 30.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.07 - License or Permit Modifications or Extensions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests for License or Permit
				  Modifications.
(1) Upon written request for a
				  license or permit modification, the Department shall determine if the
				  modification is major or minor.
(2)
				  Minor modifications to a license may be recommended to the Board or made to a
				  permit by the Department if the modification involves:
(a) A change in land ownership;
(b) A reduction in the scope of the
				  originally authorized work;
(c)
				  Revisions to the project plans or specifications that would otherwise be
				  approved; or
(d) Structures,
				  activities, or the conditions of a license or permit which require modification
				  to correct adverse environmental impacts.
(3) Major modifications to a license or
				  permit require a new application as described in Regulation .02 of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.02 - Permits and Licenses › Section 26.24.02.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. License
				  Decisions. A party aggrieved by a decision of the Board may petition the
				  circuit court in the county where the land is located within 30 days after
				  receiving the decision. An aggrieved party's impacted interests shall be
				  specific and different from the interests of the public, and the right to an
				  appeal is limited by law to aggrieved parties.
B. Permit Decisions.
(1) An applicant who is adversely affected by
				  a decision of denial, suspension, revocation, or condition of a permit by the
				  Department may, within 30 days of receipt of the administrative action, file
				  with the Director written exceptions and a request to present oral argument.
				  After considering the written exceptions, the Director may hear argument and
				  shall issue a written final decision.
(2) The applicant, the county, or the
				  municipal government where the land is located may appeal the final decision of
				  the Director to the circuit court in the county where the land is located
				  within 30 days of the final decision.
(3) An applicant may not reapply for a permit
				  under this subtitle until after the expiration of 18 months from the date of
				  the denial, or the final determination of an appeal from the denial.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.03 - Dredging and Filling › Section 26.24.03.01 - Maintenance Dredging

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition
				  to the requirements of COMAR
				  26.24.02.02 o, an applicant
				  proposing to maintenance dredge, or to dredge to maintain an existing use, in
				  State or private tidal wetlands shall submit the following information at the
				  time of application:
(1) A plan depicting the
				  dimensions, including the existing and proposed depths and location of the main
				  channel and all the spur channels proposed to be dredged;
(2) Quantity of material to be
				  dredged;
(3) Documentation
				  detailing when the site was last dredged and the dimensions of the channel, if
				  applicable;
(4) Evidence of
				  historical boat use since January 1, 1972;
(5) Texture characterization of material to
				  be dredged; and
(6) Dredge material
				  placement information in accordance with Regulation .03 or .05 of this
				  chapter;
(7) Except for emergency
				  dredging projects as determined by the Department, a map depicting:
(a) Current submerged aquatic vegetation
				  populations within the area to be dredged, and a 500-yard buffer, if
				  appropriate;
(b) Date of the
				  submerged aquatic vegetation survey;
(c) Method of sampling; and
(8) Justification for classifying
				  the proposed maintenance dredging as an emergency.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.03 - Dredging and Filling › Section 26.24.03.02 - Dredging - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required
				  Information. In addition to the requirements of Regulations .03 and .05 of this
				  chapter and COMAR
				  26.24.02.02 o, an applicant
				  proposing to perform dredging in State or private tidal wetlands that have
				  never been dredged shall submit the following information at the time of
				  application:
(1) A description of the purpose
				  for the dredging and a discussion of alternatives considered, including an
				  evaluation of the no action alternative;
(2) A plan of the proposed project, showing
				  the:
(a) Extent of the area to be
				  dredged;
(b) Existing and proposed
				  depths;
(c) Volume of material to
				  be removed;
(d) Extent of tidal
				  wetlands to be impacted; and
(e)
				  Identification of a dredged material disposal site;
(3) The method of dredging and anticipated
				  work schedule; and
(4) A map
				  depicting current submerged aquatic vegetation populations within and adjacent
				  to the area to be dredged, date of the submerged aquatic vegetation survey, and
				  the method of sampling.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.03 - Dredging and Filling › Section 26.24.03.03 - Upland Disposal of Dredged Material

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exemptions.
(1) Previously Approved Disposal Facility.
				  The requirements of §§B-C of this regulation may be waived for a dredge
				  disposal facility previously approved by the Department if it can be
				  demonstrated that the facility is capable of adequately containing the dredged
				  material. Before authorizing the use of a previously approved upland disposal
				  facility, the Department may require:
(a) A
				  written report stating that the facility is capable of accepting the volume of
				  material to be dredged considering freeboard constraints, bulking, and
				  remaining capacity;
(b) An
				  evaluation regarding the safety and effectiveness of the facility to impound
				  additional dredge material, and stability of outlet structures and embankments;
				  and
(c) A currently approved soil
				  conservation district plan.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.03 - Dredging and Filling › Section 26.24.03.04 - Guidelines for Upland Disposal of Dredged Material

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disposal sites shall be designed to have
				  the least impact on:
(1) Public
				  safety;
(2) Adjacent properties;
				  and
(3) The environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.03 - Dredging and Filling › Section 26.24.03.06 - Filling

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				  the requirements of COMAR
				  26.24.02.02 o, an applicant
				  proposing to fill State or private tidal wetlands for purposes other than shore
				  erosion control as described in COMAR
				  26.24.04.01 o shall submit an
				  8-1/2-inch by 11-inch site plan drawn to a minimum scale of 1 inch equals 100
				  feet depicting the following information:
(1)
				  Fill location referenced to existing landmarks;
(2) Location of pilings and associated
				  structures;
(3) Existing topography
				  and bathymetry that is referenced to mean low water;
(4) Property lines;
(5) Land use features;
(6) Type of fill;
(7) Surface water bodies including
				  swales;
(8) Location of all tidal
				  and nontidal wetlands;
(9) Mean
				  high water line;
(10) Utilities;
				  and
(11) A vicinity map that
				  identifies the surrounding land areas and water bodies in the vicinity of the
				  project.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.01 - Shore Erosion Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department may not authorize an erosion control project if:
(1) There is no evidence of erosion and the
				  applicant is unable to document a claim of erosion;
(2) Existing State or private tidal wetlands
				  are effectively preventing erosion; or
(3) The proposed project may adversely
				  affect:
(a) An adjacent property;
(b) Navigation, and the applicant has not
				  adequately offset these impacts;
(c) Threatened or endangered species, species
				  in need of conservation, or significant historic or archaeological resources;
				  or
(d) Natural oyster bars or
				  private oyster leases.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.01-1 - Structural Shoreline Stabilization Maps

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall develop and maintain
				  maps on its website that:
(1) Display the
				  areas that are appropriate for structural shoreline stabilization measures;
				  and
(2) Are readily available to
				  the public.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.01-2 - Nonstructural Shoreline Stabilization Waiver Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who applies for a waiver from the
				  requirement to construct a nonstructural shoreline stabilization measure under
				  Regulation .01C of this chapter shall:
(1) Use
				  the form provided by the Department; and
(2) Complete the waiver process before
				  submitting an application to obtain a wetlands license from the Board or a
				  general wetlands license, wetlands permit, or general wetlands permit from the
				  Department under COMAR 26.24.02.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.01-3 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  addition to the requirements of COMAR
				  26.24.02.02 o, a person proposing
				  a shoreline stabilization measure shall submit the following information at the
				  time of application:
(1) An 8-1/2 by 11-inch
				  plan, with dimensions, of the proposed project showing:
(a) Location;
(b) Land ownership;
(c) Existing and proposed contours;
(d) Existing mean high water line and, if
				  applicable, existing landward boundary of State and private tidal wetlands,
				  each as field-verified by the applicant;
(e) For a nonstructural shoreline
				  stabilization measure, the proposed mean high water line and the proposed
				  landward boundary of State and private tidal wetlands;
(f) Existing and proposed structures,
				  including:
(i) A septic system;
(ii) A utility-related structure;
(iii) A building;
(iv) A road;
(v) Drainage features; and
(vi) An equipment storage area;
(g) Adjacent shoreline
				  features;
(h) Best management
				  practices to control any upland runoff which contributes to erosion;
(i) Type of materials to be used in
				  construction; and
(j) Site
				  bathymetry;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.01-4 - Design of Structural Shoreline Stabilization Measures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person proposing a structural shoreline
				  stabilization measure that employs a jetty, groin, breakwater, or other
				  offshore structure, shall design the project to:
(1) Allow natural littoral movement of sand
				  along the shore;
(2) Minimize
				  erosion and undesirable shoaling;
(3) Use materials that are:
(a) Of adequate size, weight, and strength to
				  function as intended;
(b) Free of
				  protruding objects, debris, and contaminants; and
(c) Selected to minimize impacts to water
				  quality and plant, fish, and wildlife habitat;
(4) Use backfill material free of litter,
				  refuse, junk, metal, tree stumps, logs, or other unsuitable
				  materials;
(5) Prevent damage due
				  to scour; and
(6) Minimize grading
				  and other impacts on riparian habitat.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.02 - Piers and Boathouses

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Exemptions. Private noncommercial piers, boat hoists or lifts, mooring piles,
				  and osprey poles that meet all of the following criteria are exempt from the
				  requirement to obtain a license from the Board of Public Works or a license or
				  permit from the Department under this subtitle:
(1) Only one pier per property;
(2) The width of the main section of the pier
				  may not be greater than 6 feet;
(3)
				  Fixed or floating platforms, including Ts, Ls, and step-down platforms may not:
(a) Exceed 200 square feet in area including
				  the segment of the main pier section to which the platform is
				  attached;
(b) Be located over
				  vegetated tidal wetlands, including submerged aquatic vegetation; and
(c) Be constructed on the landward 50 percent
				  of the main pier section, except in canals and similar narrow water bodies as
				  considered appropriate by the Department.
(4) The project may not include more than six
				  mooring piles or create more than four boat slips;
(5) The project may not include more than two
				  osprey poles per property;
(6) A
				  maximum of two, 3-foot wide finger piers not exceeding 50 percent of the
				  proposed slip length may be constructed on the landward side of the end of a
				  private pier;
(7) The project shall
				  meet the minimum extended property line setback requirements established by the
				  local jurisdiction in which the activity is proposed;
(8) The project may not be constructed in a
				  location that will impede navigation or block ingress to and egress from
				  adjoining properties;
(9) The
				  project may not obstruct the flow of the tide;
(10) The pier may not extend within 100 feet
				  of a ski course approved by the Department;
(11) The pier may not extend more than 100
				  feet channelward of the tidal wetlands boundary line, or a distance of 25
				  percent of the width of the waterway, whichever is less;
(12) Piers over vegetated tidal wetlands
				  shall be constructed a minimum of 3 feet above the wetlands; and
(13) The owner or owner's agent shall notify
				  the Department on a form provided by the Department within 10 days before
				  construction of the pier or any auxiliary structure.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.03 - Marinas

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				  the requirements of COMAR
				  26.24.02.02 o, an applicant for a
				  new marina or marina expansion is required to submit the following information
				  at the time of application:
(1) An
				  alternatives analysis, including the alternative of no action, with the
				  potential impacts on water quality, tidal wetland values, and aquatic habitat
				  discussed for each alternative for:
(a)
				  Marina location;
(b) Construction
				  methods;
(c) Configuration of
				  project components;
(d) Dimensions;
				  and
(e) Related
				  facilities;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.04 - Structures › Section 26.24.04.04 - Conduits, Cables, Pipes, or Other Crossings of State Tidal Wetlands

Current through Register Vol. 51, No. 14, July 12, 2024
The construction, reconstruction, alteration, or addition
					 to any conduit, cable, pipeline, intake or discharge pipe, trestle, or other
					 similar device, structure, or apparatus, over, on, in, or under State tidal
					 wetlands or waters of the State requires a license. A license issued for this
					 construction is subject to the compensation requirements of COMAR 23.02.04 as
					 may be assessed by the Board.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.05 - Mitigation › Section 26.24.05.01 - Mitigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Goal. It is the
				  goal of the State to preserve tidal wetlands, prevent their loss and
				  despoliation, and strive for a net resource gain in tidal wetlands acreage and
				  function.
B. Mitigation
				  Requirements.
(1) An applicant for a license
				  or permit shall design a project to first avoid and then minimize the loss of
				  tidal wetlands. If an applicant demonstrates that alteration of tidal wetlands
				  cannot be avoided to accomplish the project, the Department shall:
(a) Recommend that the Board require
				  mitigation as a condition of a State tidal wetlands license; or
(b) Require mitigation as a condition of a
				  private tidal wetlands permit.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 24 - TIDAL WETLANDS › Chapter 26.24.05 - Mitigation › Section 26.24.05.02 - Bonding for Mitigation Purposes

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to any
				  State, county, or municipal government, or to projects licensed by the
				  Board.
B. This regulation only
				  applies to those projects proposed and permitted by the Department in private
				  tidal wetlands.
C. The bond is
				  payable to the Department and conditioned upon fulfillment of mitigation
				  monitoring requirements.
D.
				  Alternative Forms of Security.
(1) Instead of
				  a surety bond, the Department may accept one of the following forms of
				  security:
(a) A deposit of cash or negotiable
				  bonds of the federal government having a market value equal to the bond amount
				  accompanied by a written agreement of the bank to pay the State on demand in
				  the event of forfeiture;
(b) A
				  certificate of deposit equal to the required bond amount, issued by a bank in
				  the State and with a written agreement from the bank to pay the State on demand
				  in the event of forfeiture;
(c) An
				  irrevocable letter of credit equal to the bond amount, issued by a bank or
				  financial institution organized to do business in the State, that expressly
				  states that the total sum is guaranteed to be available and payable directly to
				  the State on demand in the event of forfeiture;
(d) The grant to the Department, in trust, of
				  a deed, easement, or other interest in upland property owned by the permittee
				  that has the same or greater monetary value than the selected mitigation site;
				  or
(e) Fulfillment of mitigation
				  requirements before completion of the permitted activity which results in the
				  loss of tidal wetlands.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
Environment Article, §
										7-604(c)(2),
					 Annotated Code of Maryland, requires the Department to establish a Community
					 Right-to-Know Fund to cover the costs of fulfilling the duties and
					 responsibilities of the federal Community Right-to-Know Act by the Department
					 and the local emergency planning committees (LEPCs). The Department is
					 authorized under the Community Right-to-Know Fund to award annual grants to
					 LEPCs in the State.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.02 - 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 Maryland Community
				  Right-To-Know Fund Act, Environment Article, Title 7, Subtitle 6, Annotated
				  Code of Maryland.
(2) "Department"
				  means the Department of the Environment
(3) "Extremely hazardous substance (EHS)" has
				  the meaning stated in § 329(3) of the federal Act and 40 CFR 370 and
				  372.
(4) "Facility" means a
				  facility that is subject to the federal Act.
(5) "Federal Act" means the Federal Emergency
				  Planning and Community Right-to-Know Act, 42 U.S.C.S. § 11001 et seq.
(6) "Federal regulations" means 40 CFR 370
				  and 372.
(7) "Fund" means the
				  Maryland Community Right-to-Know Fund.
(8) "Hazardous chemical" has the meaning
				  stated in § 329(5) of the federal Act.
(9) "Local emergency planning committee
				  (LEPC)" has the meaning stated in
				  40 CFR §
												355.20.
(10) "Owner/operator" means a person
				  responsible for each noncontiguous facility.
(11) "Responsible person" means an owner or
				  operator of a facility that is required to report under the federal
				  Act.
(12) "Secretary" means the
				  Secretary of the Department.
(13)
				  "State Emergency Response Commission (SERC)" means the organization that has
				  the duties and responsibilities, powers, and authorities mandated by the
				  federal Act.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.03 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Fund
				  is generated by assessing annual fees on facilities that are required to report
				  to the State or its instrumentalities under the Federal Act. The Fund is
				  intended for use by the Department and LEPCs to cover the costs of fulfilling
				  the duties and responsibilities of the federal Act.
B. The Department will award grants to LEPCs,
				  by using the Fund allocation requirements set forth in Regulation .08 of this
				  chapter.
C. The Department may
				  consider a distribution plan in determining the amount of funding for each
				  LEPC.
D. Within 60 days of the
				  beginning of each calendar year, the Department shall allocate, through grants,
				  50 percent of the current calendar year revenues, plus 100 percent of any local
				  government reversions from prior calendar years, minus $25,000 for
				  administrative costs to LEPCs.
E.
				  Grant allocations shall be as specified under Regulation .08B of this
				  chapter.
F. The authority to
				  distribute local government allocations of the Fund may be delegated to the
				  SERC by the Department.
G. Each
				  LEPC that receives grant money from the Fund shall provide an annual report to
				  the Department documenting the manner in which the money was spent.
H. An LEPC shall spend the money provided by
				  the grant for activities under Regulation .06 of this chapter or for any other
				  activity the Department determines is consistent with the purposes of this
				  chapter.
I. Money allocated to an
				  LEPC under this chapter that is not used by the LEPC by the end of the
				  authorized grant year shall be remitted to the fund and shall be reallocated by
				  the Department.
J. After reasonable
				  notice, the Secretary may require an LEPC to provide the Department with
				  information or documentation relating to money expended by the LEPC under this
				  chapter.
K. The Secretary may
				  require an independent audit of any LEPC that is not found to be in compliance
				  with this chapter.
L. The Secretary
				  may recover any inappropriate expenditure made by an LEPC from the
				  Fund.
M. The Secretary may withhold
				  a part or all of the funding allocation of any LEPC that inappropriately
				  expended funds or has not expended all the Fund in a prior year.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.04 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Community
				  Right-to-Know Fund is generated by a combination of:
(1) Annual fees paid by facilities that are
				  required to report to the State Emergency Response Commission or to an LEPC
				  under §§ 312 and 313 of the federal Act;
(2) Penalties, fines, or both, paid by
				  facilities for violations of the Act; and
(3) Unused LEPC grant monies that have been
				  returned to the Department.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.05 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  persons and entities are exempt from paying fees:
(1) Government agencies;
(2) Farmers whose principal residence is
				  located on their farm;
(3)
				  Charitable organizations as defined under Business Regulation Article, §
											6-101(d),
				  Annotated Code of Maryland;
(4)
				  Petroleum retail facilities, including marinas, with storage capacities of less
				  than 75,000 gallons of gasoline and less than 100,000 gallons of diesel or
				  similar fuel;
(5) Any entity that
				  is exempt under the federal Act; and
(6) Any owner/operator of a facility that
				  does not exceed the federal reporting thresholds for any EHS or hazardous
				  chemical but voluntarily submits a Tier Two emergency and hazardous chemical
				  inventory report to the SERC or the LEPC with jurisdiction over that facility,
				  or both.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.06 - Community Right-To-Know Fund

Current through Register Vol. 51, No. 14, July 12, 2024
The Community Right-to-Know Fund shall be used for:
A. The processing of information submitted to
				  the Department, including collection, management, and analysis of data received
				  by the Department from an owner or operator of a facility required to provide
				  such data under the federal Act, the federal regulations, or this
				  chapter;
B. State enforcement of
				  this chapter or the federal Act; and
C. Federally required planning and training
				  activities conducted by the State or LEPCs, including and not limited to:
(1) Conducting:
(a) Incident response activities;
(b) Shelter in place and evacuation planning;
				  and
(c) Railroad, maritime, and
				  transportation exercises;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.07 - Funding Applicant Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each local emergency planning committee
				  (LEPC) shall fulfill the requirements of the federal Act to be considered
				  eligible for grant awards from the Fund.
B. Each LEPC receiving grant funding under
				  this act shall certify to the Department by January 31 of each year that it has
				  met the requirements under the federal Act. The requirements include, but are
				  not be limited to:
(1) Appointment of a
				  chairman;
(2) Establishment of
				  rules by which the LEPC shall function, which shall include:
(a) Provision for public notification of
				  committee activities;
(b) Provision
				  for public meetings, if requested, to discuss the emergency plan, public
				  comments, committee response to the comments, and distribution of the emergency
				  plan; and
(c) Designation of an
				  official to serve as coordinator for information;
(3) Establishment of procedures for receiving
				  and processing requests from the general public for the following information
				  as described in § 324 of the federal Act:
(a)
				  An emergency response plan;
(b)
				  Each follow-up emergency notice described in § 304(c) of the federal
				  Act;
(c) Each material safety data
				  sheet (MSDS) or list of MSDSs described in § 311(a)(2) of the federal Act;
				  and
(d) Each hazardous chemical
				  inventory form described in § 312 of the federal Act;
(4) Completion of an emergency plan in
				  accordance with § 303 of the federal Act;
(5) Completion of a review of the emergency
				  plan annually, or more frequently as changed circumstances in the community or
				  at any facility may require;
(6)
				  Designation of a location for review by the general public of each item listed
				  in §B(3) of this regulation; and
(7) Publication of an annual notice in local
				  newspapers which states:
(a) That the
				  emergency response plans, material safety data sheets or lists of material
				  safety data sheets, and inventory reports have been submitted under § 324(b) of
				  the federal Act;
(b) That follow-up
				  emergency notifications may subsequently be issued; and
(c) The location and hours of availability
				  for members of the public that wish to review a plan, sheet, list, form, or
				  follow-up notice.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.08 - Fund Allocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall use 50 percent of the money received for processing of
				  information contained in reports submitted to the Department. Information
				  processing includes:
(1) Activities necessary
				  to inform business and facilities of the submission requirements;
(2) Data management, that includes
				  maintenance and development of manual and electronic file systems;
(3) Information dissemination to local
				  governments;
(4) Compliance
				  activities;
(5) Emergency response
				  functions; and
(6) Emergency
				  planning, training, and exercise activities.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.09 - Reporting Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) Entities required to provide
				  reports or information as described in §§ 302-313 of the federal Act shall
				  submit the reports as specified to the Department.
(2) The Department may specify or adopt
				  additional forms or submittal processes, including electronic submittal
				  processes.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.10 - Audit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary
				  may conduct an independent audit of any LEPC that receives funds under this
				  chapter.
B. The Secretary may
				  recover any inappropriate expenditure made by an LEPC that is inconsistent with
				  this chapter.
C. The Department
				  shall submit a notice indicating to the LEPC that expenditures reported under
				  Regulation .09D(2) of this chapter were not appropriate.
D. Records used in the development and
				  completion of reports submitted under this chapter shall be maintained by the
				  facility for a minimum of 3 years from the date of submission.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.11 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. An LEPC may
				  request an administrative review within the Department by filing a request for
				  review with the Secretary, if the Department has determined that expenditures
				  of Fund money by the LEPC were inappropriate.
B. A request for review shall be filed within
				  30 days of the date the LEPC is advised of the Department's decision.
C. The review proceedings shall be conducted
				  in accordance with State Government Article, §
										10-201 et seq.,
				  Annotated Code of Maryland, and COMAR 26.01.01.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 26 - COMMUNITY RIGHT-TO-KNOW FUND › Chapter 26.26.01 - Community Right-To-Know › Section 26.26.01.12 - Relationship to Federal Program and Local Ordinances

Current through Register Vol. 51, No. 14, July 12, 2024
A. The federal Act and the federal
				  regulations shall be used to establish procedures for filing required reports
				  with the State and any local governments as required by the federal
				  Act.
B. This chapter does not
				  relieve a facility subject to the federal Act of the responsibility for
				  providing reports as required under the federal Act.
C. This chapter does not relieve a facility
				  subject to any local ordinances pertaining to the reporting of hazardous and
				  toxic materials from any obligations pursuant to the local
				  ordinances.
D. The failure of an
				  owner/operator to file reports required by the federal Act does not relieve an
				  owner/operator from the obligation to remit the fees established by this
				  chapter for any facility for which they are or have been responsible.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.02 - License Required; Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §B of this regulation, a person shall be licensed by the Board as a
				  marine contractor or be employed by an individual or entity that is licensed by
				  the Board before the individual or entity may:
(1) Perform marine contractor services in the
				  State; or
(2) Solicit to perform
				  marine contractor services in the State.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.03 - Qualifications and Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				  not issue a license to an applicant whose trade or fictitious name or trademark
				  is so similar to that used by another licensed marine contractor that the
				  public may be confused or misled by the similarity.
B. Except as provided in §A of this
				  regulation, the Board shall license an applicant if the applicant:
(1) Submits an application for a license on
				  the form required by the Board;
(2)
				  Is eligible to take the examination as provided in §D of this
				  regulation;
(3) Takes and passes
				  the written marine contractor examination for the appropriate license category,
				  as recognized by the Board;
(4)
				  Provides the Board with satisfactory evidence that the liability insurance and
				  workers' compensation insurance requirements of COMAR 26.28.02.01B have been
				  satisfied;
(5) Has a federal tax
				  identification number;
(6) If
				  applicable, submits satisfactory evidence of the resolution of any acts which
				  may subject the applicant to disciplinary action under COMAR 26.28.04;
				  and
(7) Pays the required license
				  issuance fee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.04 - Scope of License to Entity

Current through Register Vol. 51, No. 14, July 12, 2024
While a license to an entity is in effect, a licensed
					 entity may:
A. Employ individuals who
				  are not licensed marine contractors to provide marine contractor services to
				  the public on behalf of the licensed marine contractor entity; and
B. Represent itself to the public as a
				  licensed marine contractor entity.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.05 - License Categories

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) A license issued by the Board only
				  authorizes the performance or solicitation of marine contractor services as
				  described by the applicable license category.
(2) Any licensed marine contractor that
				  performs, or solicits to perform, marine contractor services outside the scope
				  of their applicable license category shall be considered to be performing
				  marine contractor without a license, and subject to disciplinary action by the
				  Board, pursuant to COMAR 26.28.04.01A.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.06 - Duration of License

Current through Register Vol. 51, No. 14, July 12, 2024
A. A license is
				  valid for 2 years from the date of issuance.
B. A license is invalid after the expiration
				  date of the current license, if not renewed in accordance with the requirements
				  of COMAR 26.28.02.06.
C. An expired
				  license may not be reinstated, and the former licensee shall meet the
				  qualifications for a new license as described in Regulation .03 of this
				  chapter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.07 - Identification of Licensed Marine Contractor

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall provide each licensed marine contractor with a license that includes the:
(1) License category;
(2) Name of the licensed marine
				  contractor;
(3) License
				  number;
(4) Address of the
				  principal office and each branch office, if the licensee is an
				  entity;
(5) Issuance date of the
				  license;
(6) Expiration date of the
				  license; and
(7) Representative
				  member, if the licensee is an entity.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.01 - General Regulations › Section 26.30.01.08 - Other Authorizations Required

Current through Register Vol. 51, No. 14, July 12, 2024
A license under this subtitle does not allow a licensed
					 marine contractor to perform any work in, on, or under State or private tidal
					 wetlands for which all required authorizations have not been obtained,
					 including authorization under Environment Article, Title 16, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.01 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  application for a license shall be:
(1) Made
				  on the form provided by the Board; and
(2) Completed fully and signed under oath by
				  the individual applicant or representative member, if the applicant is an
				  entity.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.02 - Application Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. For all
				  applicants, the application form shall require:
(1) The name of the applicant;
(2) The license category being applied
				  for;
(3) The address of the
				  applicant's principal place of business and each branch office;
(4) Current and previous employment of the
				  individual applicant or representative member, if the applicant is an entity,
				  relevant to the field of marine contracting;
(5) All trade or fictitious names the
				  applicant intends to use while performing marine contractor services;
				  and
(6) A federal tax
				  identification number.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.03 - Incomplete Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  application is not complete until all required application documents, including
				  the fee and supporting documentation, have been received by the
				  Board.
B. The Board may return an
				  application to the applicant with a statement of the reason for rejection if
				  the Board determines that the application does not contain:
(1) The name and address for each individual
				  applicant or entity owner;
(2) The
				  current and previous employment of the applicant relevant to the field of
				  marine contracting;
(3) The address
				  of the applicant's proposed principal place of business and each proposed
				  branch office;
(4) All trade or
				  fictitious names that the applicant intends to use while performing marine
				  contractor services; or
(5) The
				  application fee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.04 - Action on an Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in Regulation .03 of this chapter, the Board shall review all
				  applications within 60 days of receipt of the completed application.
B. Action on an application includes one of
				  the following:
(1) Return of the application
				  if the Board determines that it is incomplete;
(2) Approval of the applicant for examination
				  for the appropriate category, as determined by the Board; or
(3) Denial of the application for a
				  license.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.05 - Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall notify the applicant of the applicant's eligibility to take an
				  examination for the appropriate license category at least 30 days before the
				  next scheduled examination.
B. The
				  Board shall offer a written examination at least three times a year.
C. The times and places within the State for
				  the written examination shall be announced by the Board.
D. The passing score for the examination is
				  70 percent.
E. Except as provided
				  in §F of this regulation, an applicant who fails the examination may apply for
				  reexamination by submitting the examination fee.
F. An applicant who has failed the
				  examination three times may be required to appear in person before the Board
				  and satisfy any additional requirements approved by the Board before
				  reexamination.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.06 - License Issuance Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A. After an
				  applicant passes the examination, the applicant shall pay the license issuance
				  fee as determined by the Board.
B.
				  Within 30 days of the receipt of the license issuance fee, the Board shall
				  issue the license.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.07 - License Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. At least 2
				  months before a license expires, the Board shall send to the licensed marine
				  contractor by first-class mail or electronically:
(1) A renewal application; and
(2) A notice that states:
(a) The date on which the current license
				  expires;
(b) The date by which the
				  Board must receive the renewal application for the renewal to be issued and
				  mailed before the license expires; and
(c) The amount of the license renewal
				  fee.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 30 - MARINE CONTRACTORS LICENSING BOARD › Chapter 26.30.02 - Licensing Procedures and Fees › Section 26.30.02.08 - Keeping Information Current; Change of Representative Member

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				  marine contractor shall keep its contact information current with the
				  Board.
B. Within 5 business days
				  after any change of contact information, a licensed marine contractor shall
				  submit to the Board written notice of:
(1) Any
				  change in the address or telephone number of an existing office or principal
				  place of business; and
(2) If the
				  licensee is an entity, the addition of a branch office.