Maryland 2022 2022 Regular Session

Maryland Senate Bill SB171 Engrossed / Bill

Filed 02/01/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
          *sb0171*  
  
SENATE BILL 171 
M3   	2lr0044 
  	(PRE–FILED)   
By: Chair, Education, Health, and Environmental Affairs Committee (By Request 
– Departmental – Environment) 
Requested: October 4, 2021 
Introduced and read first time: January 12, 2022 
Assigned to: Education, Health, and Environmental Affairs 
Committee Report: Favorable with amendments 
Senate action: Adopted 
Read second time: February 1, 2022 
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Environment – Public Participation Modernization Act 2 
 
FOR the purpose of authorizing the Department of the Environment to hold certain public 3 
meetings and hearings regarding certain licensing, permitting, and regulatory 4 
responsibilities using teleconference or Internet–based conferencing technology 5 
under certain circumstances; requiring applicants for certain licenses or permits to 6 
bear the cost of certain public meetings and hearings held using teleconference or 7 
Internet–based conferencing technology; repealing a requirement that notices 8 
regarding applications for certain air quality permits be sent by certified mail; 9 
requiring an applicant for certain permits to comply with specified provisions of law; 10 
requiring that certain hearings regarding sewage sludge permits be held in 11 
accordance with provisions of law regarding public participation rather than with 12 
the Administrative Procedure Act; and generally relating to public participation in 13 
the licensing, permitting, and regulations processes of the Department of the 14 
Environment. 15 
 
BY repealing and reenacting, without amendments, 16 
 Article – Environment 17 
 Section 1–601(a), 1–603(c)(1), 1–604(a)(4)(i), and 5–204(a) 18 
 Annotated Code of Maryland 19 
 (2013 Replacement Volume and 2021 Supplement) 20 
 
BY repealing and reenacting, with amendments, 21  2 	SENATE BILL 171  
 
 
 Article – Environment 1 
 Section 1–601(f), 2–303, 2–404, 5–204(c), and 7–239 2 
 Annotated Code of Maryland 3 
 (2013 Replacement Volume and 2021 Supplement) 4 
 
BY repealing and reenacting, with amendments, 5 
 Article – Environment 6 
 Section 9–204.2, 9–234, 9–234.1, 9–324, and 16–307(a)(5) 7 
 Annotated Code of Maryland 8 
 (2014 Replacement Volume and 2021 Supplement) 9 
 
BY repealing and reenacting, without amendments, 10 
 Article – Environment 11 
Section 16–307(a)(1) 12 
 Annotated Code of Maryland 13 
 (2014 Replacement Volume and 2021 Supplement) 14 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 
That the Laws of Maryland read as follows:  16 
 
Article – Environment 17 
 
1–601. 18 
 
 (a) Permits issued by the Department under the following sections shall be issued 19 
in accordance with this subtitle: 20 
 
 (1) Air quality control permits to construct subject to § 2–404 of this article; 21 
 
 (2) Permits to install, materially alter, or materially extend landfill 22 
systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 23 
 
 (3) Permits to discharge pollutants to waters of the State issued pursuant 24 
to § 9–323 of this article; 25 
 
 (4) Permits to install, materially alter, or materially extend a structure 26 
used for storage or distribution of any type of sewage sludge issued, renewed, or amended 27 
pursuant to § 9–234.1 or § 9–238 of this article; 28 
 
 (5) Permits to own, operate, establish, or maintain a controlled hazardous 29 
substance facility issued pursuant to § 7–232 of this article; 30 
 
 (6) Permits to own, operate, or maintain a hazardous material facility 31 
issued pursuant to § 7–103 of this article; and 32 
 
 (7) Permits to own, operate, establish, or maintain a low–level nuclear 33 
waste facility issued pursuant to § 7–233 of this article. 34   	SENATE BILL 171 	3 
 
 
 
 (f) (1) When this article requires more than one public informational meeting 1 
or public hearing, the Department may consolidate some or all of the meetings or hearings 2 
for the proposed facility with similar meetings or hearings. 3 
 
 (2) (I) WHEN THIS SUBTITLE RE QUIRES THE DEPARTMENT TO 4 
HOLD A PUBLIC INFORM ATIONAL MEETING OR P UBLIC HEARING , THE DEPARTMENT 5 
SHALL HOLD THE MEETI NG OR HEARING IN ACC ORDANCE WITH THE REQ UIREMENTS 6 
OF THIS PARAGRAPH . 7 
 
 (II) THE DEPARTMENT MAY HOLD A PUBLIC INFORMATIONAL 8 
MEETING OR PUBLIC HE ARING REQUIRED UNDER THIS SUBTITLE USING 9 
TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY UNLESS : 10 
 
 1. AN APPLICABLE PROVISI ON OF FEDERAL STATUT E OR 11 
REGULATION REQUIRES THE MEETING OR HEARI NG TO BE HELD IN PER SON; OR 12 
 
 2. SUBJECT TO SUBPARAGRA PH (IV) OF THIS 13 
PARAGRAPH , ANY PERSON MAKES A T IMELY REQUEST WITHIN THE TIME PERIODS 14 
SPECIFIED IN §§ 1–603(C)(1) AND 1–604(A)(4)(I) OF THIS SUBTITLE THA T THE 15 
MEETING OR HEARING B E HELD IN PERSON . 16 
 
 (III) [The Department shall hold public informational meetings and 17 
public hearings] IF THE DEPARTMENT HOLDS AN I	N–PERSON PUBLIC 18 
INFORMATIONAL MEETIN G OR PUBLIC HEARING , THE DEPARTMENT SHALL HOLD 19 
THE MEETING OR HEARI NG at a location in the political subdivision and in close proximity 20 
to the location where the individual permit applies. 21 
 
 (IV) TO PROTECT PUBLIC HEA	LTH AND SAFETY , THE 22 
DEPARTMENT IS NOT REQ UIRED TO HOLD AN IN –PERSON PUBLIC INFORM ATIONAL 23 
MEETING OR PUBLIC HE ARING SPECIFIED UNDE R SUBPARAGRAPH (II)2 OF THIS 24 
PARAGRAPH IF AN EMERGENCY DECL ARATION IS ISSUED BY AN EXECUTIVE 25 
AUTHORITY OF :  26 
 
 1. THE FEDERAL OR STATE GOVERNMENT ; OR 27 
 
 2. THE LOCAL GOVERNMENT WITH JURISDICTION OV ER 28 
A COUNTY OR MUNICIPA LITY WHERE THE IN –PERSON MEETING OR HE ARING WOULD 29 
OTHERWISE BE HELD . 30 
 
 (V) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC 31 
INFORMATIONAL MEETIN G OR PUBLIC HEARING HELD USING TELECONFE RENCE OR 32 
INTERNET–BASED CONFERENCING T ECHNOLOGY IN ACCORDA	NCE WITH 33 
SUBPARAGRAPH (II) OF THIS PARAGRAPH . 34  4 	SENATE BILL 171  
 
 
 
1–603. 1 
 
 (c) (1) Upon written request made within 10 working days after publication of 2 
a notice of application, or in its own discretion, the Department shall provide an opportunity 3 
for an informational meeting with respect to the application. 4 
 
1–604. 5 
 
 (a) (4) (i) The Department shall schedule a public hearing on the tentative 6 
determination when a written request for a public hearing is made within 20 days of 7 
publication of a notice of the tentative determination. 8 
 
2–303. 9 
 
 (a) The Department may not adopt any rule or regulation under this title unless 10 
the requirements of this section and the Administrative Procedure Act are met. 11 
 
 (b) (1) Before adopting any rule or regulation under this title, the Department 12 
shall announce and hold a public hearing on the subject. 13 
 
 (2) A PUBLIC HEARING R EQUIRED UNDER THIS S UBTITLE MAY BE 14 
HELD USING TELECONFE	RENCE OR INTERNET–BASED CONFERENCING 15 
TECHNOLOGY . 16 
 
 (c) (1) [Until October 1, 2014, at least 30 days before the public hearing, the 17 
Department shall publish notice of the hearing in a newspaper of general circulation in the 18 
area concerned. 19 
 
 (2) The notice required under paragraph (1) of this subsection shall state: 20 
 
 (i) The date, time, and place of the hearing; 21 
 
 (ii) The purpose of the hearing; 22 
 
 (iii) That, beginning on October 1, 2014, all future notices required 23 
under this title will be posted on the Department’s Web site; and 24 
 
 (iv) A phone number or electronic mail address at the Department 25 
that a person can contact to arrange for the receipt of future public notices required under 26 
this title by first–class mail or electronic mail. 27 
 
 (3) Beginning on October 1, 2014, at] AT least 30 days before the public 28 
hearing, the Department shall publish notice of the hearing in a newspaper of general 29 
circulation in the area concerned or on the Department’s [Web site] WEBSITE. 30 
   	SENATE BILL 171 	5 
 
 
 [(4)] (2) The notice required under paragraph [(3)] (1) of this subsection 1 
shall state: 2 
 
 (i) The date, time, and place of the hearing; and 3 
 
 (ii) The purpose of the hearing. 4 
 
 (d) [Beginning on October 1, 2014, the] THE Department shall publish annually 5 
a notice in a newspaper of general circulation to inform the public of: 6 
 
 (1) The types of public notices required under this title that are available 7 
on the Department’s [Web site] WEBSITE; and 8 
 
 (2) A phone number or electronic mail address at the Department that a 9 
person can contact to arrange for the receipt of future public notices required under this 10 
title by first–class mail or electronic mail. 11 
 
 (e) After the public hearing, the Department may adopt the rule or regulation 12 
with or without modification. 13 
 
2–404. 14 
 
 (a) This section applies to the following activities: 15 
 
 (1) Construction of a new source; 16 
 
 (2) Replacement of components of an existing permitted source, if the fixed 17 
capital cost of the replacement components exceeds one–half of the fixed capital cost that 18 
would be required to construct a new source comparable in process to the existing source; 19 
and 20 
 
 (3) Modification of an existing permitted source by making a physical or 21 
operational change to the source that will result in a significant net increase in emissions 22 
of any pollutant from that source. 23 
 
 (b) (1) Before accepting an application for a permit subject to subsection (c) of 24 
this section, the Department shall require the applicant to submit documentation: 25 
 
 (i) That demonstrates that the proposal has been approved by the 26 
local jurisdiction for all zoning and land use requirements; or 27 
 
 (ii) That the source meets all applicable zoning and land use 28 
requirements. 29 
 
 (2) Paragraph (1) of this subsection does not apply to any application for a 30 
permit to construct at an existing source unless the existing source is a nonconforming use. 31 
  6 	SENATE BILL 171  
 
 
 (c) The Department shall comply with the provisions in subsection (d) of this 1 
section before issuing a permit for the activities listed in subsection (a) of this section at: 2 
 
 (1) Any source which is required to obtain a permit to operate under 3 
regulations adopted under this subtitle; 4 
 
 (2) Any source which is subject to federal standards under 40 C.F.R. Part 5 
61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21 6 
(Prevention of Significant Deterioration); or 7 
 
 (3) Any source that will, after control, discharge 25 tons or more per year 8 
of a pollutant regulated under this title in the areas of Baltimore City designated by the 9 
United States Post Office as zip code numbers 21225, 21226, and 21230. 10 
 
 (d) (1) On receipt of an application for a permit subject to subsection (c) of this 11 
section, the Department shall give notice immediately or require the applicant to give 12 
notice immediately of the application [by certified mail] to: 13 
 
 (i) The governing body of each county or municipal corporation in 14 
which any portion of the source is located or is proposed to be located; 15 
 
 (ii) The governing body of each county or municipal corporation 16 
within one mile of the property line of the source or the proposed location of the source; 17 
 
 (iii) Each member of the General Assembly representing any part of 18 
a county in which any portion of the source is located or proposed to be located; and 19 
 
 (iv) Each member of the General Assembly representing any part of 20 
each county within one mile of the property line of the source or the proposed location of 21 
the source. 22 
 
 (2) In addition to the requirements under paragraph (1) of this subsection, 23 
before issuing a permit subject to subsection (c) of this section, the Department shall: 24 
 
 (i) Comply with the provisions of Title 1, Subtitle 6 of this article; 25 
and 26 
 
 (ii) Conduct any public hearing required by Title 1, Subtitle 6 of this 27 
article [in the county in which the proposed source is located]. 28 
 
 (3) In addition to the requirements under paragraphs (1) and (2) of this 29 
subsection, before issuing a permit to construct a source described in subsection (c)(3) of 30 
this section, the Department shall require at the expense of the applicant the preparation 31 
of an ambient air quality impact analysis regarding the proposed construction. 32 
   	SENATE BILL 171 	7 
 
 
 (e) Before issuing a permit for the activities listed in subsection (a) of this section 1 
at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source 2 
Performance Standards), the Department shall: 3 
 
 (1) Comply with the provisions of subsection (d) of this section; or 4 
 
 (2) (i) Electronically post a notice of an application for the permit on 5 
the Department’s [Web site] WEBSITE in accordance with § 1–602(b)(1) of this article; 6 
 
 (ii) Give notice to the chief executive of any county or municipal 7 
corporation in which any portion of the source is located or is proposed to be located; and 8 
 
 (iii) Receive comments from the public on the permit application. 9 
 
 (f) The provisions of this section do not apply to any permit to construct control 10 
equipment on an existing source or to any permit to operate. 11 
 
5–204. 12 
 
 (a) (1) It is the intent of the General Assembly to establish consolidated 13 
procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 14 
14, 15, and 16 of this article in order to ensure efficient review and consistent decision 15 
making. 16 
 
 (2) Notwithstanding any provision of the State Government Article, public 17 
notice on pending applications provided in accordance with the provisions of this section 18 
shall be the only notice required by law. 19 
 
 (c) (1) The Department shall hold a public informational hearing if it receives 20 
a timely written request in accordance with the [following] provisions[:] OF THIS 21 
SUBSECTION. 22 
 
 [(1)] (2) The request shall be received prior to the close of the public 23 
comment period. 24 
 
 [(2)] (3) A public informational hearing shall be held within 45 calendar 25 
days of the close of the public comment period. 26 
 
 [(3)] (4) The Department shall specify the date, time, and location of the 27 
public INFORMATIONAL hearing. 28 
 
 (5) THE PUBLIC INF ORMATIONAL HEARING M AY BE HELD USING 29 
TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 30 
  8 	SENATE BILL 171  
 
 
 [(4)] (6) The Department shall mail notice of the date, time, and location 1 
of any public informational hearing on an application to those persons on the interested 2 
persons list no later than 14 calendar days prior to the hearing. 3 
 
 [(5)] (7) The Department may extend the official record of a public 4 
informational hearing. 5 
 
 (8) THE APPLICANT SHALL B EAR THE COST OF A PU	BLIC 6 
INFORMATIONAL HEARIN G HELD USING TELECONFERENCE OR INTERNET–BASED 7 
CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (5) OF THIS 8 
SUBSECTION. 9 
 
7–239. 10 
 
 (a) Before the Department issues a controlled hazardous substance facility 11 
permit, the Department AND THE APPLICANT shall comply with Title 1, Subtitle 6 of this 12 
article. 13 
 
 (b) Before the Department issues a low–level nuclear waste facility permit[, the]: 14 
 
 (1) THE Department AND THE APPLICANT shall[: 15 
 
 (1) Comply] COMPLY with Title 1, Subtitle 6 of this article; and 16 
 
 (2) [Conduct] THE DEPARTMENT SHALL COND UCT any public hearing 17 
required by § 1–604 of this article: 18 
 
 (I) USING TELECONFERENCE 	OR INTERNET–BASED 19 
CONFERENCING TECHNOL OGY; OR 20 
 
 (II) IN PERSON in the county where the proposed facility is to be 21 
located. 22 
 
9–204.2. 23 
 
 (a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 24 
6 of this article, an applicant for a permit to install, materially alter, or materially extend 25 
a landfill system shall give notice of the application by certified mail to: 26 
 
 (1) The owners of all real property adjoining the site where the proposed 27 
project is located; 28 
 
 (2) The chairman of the legislative body and any elected executive of the 29 
county where the proposed project site is located; 30 
   	SENATE BILL 171 	9 
 
 
 (3) The elected executive of any municipal corporation where the proposed 1 
project site is located; and 2 
 
 (4) Any other county within 1 mile of where the proposed project site is 3 
located. 4 
 
 (b) Any informational meeting required by § 1–603 of this article shall be held [in 5 
the county where the proposed facility is to be located] IN ACCORDANCE WITH TITLE 1, 6 
SUBTITLE 6 OF THIS ARTICLE . 7 
 
9–234. 8 
 
 (a) When the Department receives an application for a permit to utilize sewage 9 
sludge at a site, the Department immediately shall mail a copy of the permit application: 10 
 
 (1) To the legislative body and any elected executive of a county and to the 11 
elected executive of any municipal corporation where the sewage sludge utilization site is 12 
to be located; and 13 
 
 (2) To the legislative body and any elected executive of any other county 14 
within 1 mile of the sewage sludge utilization site. 15 
 
 (b) For a permit to apply sewage sludge on marginal land or to construct a 16 
permanent facility that is designed primarily to utilize sewage sludge, the Department 17 
shall: 18 
 
 (1) Publish notice of the application in a local newspaper having a 19 
substantial circulation in the county where the sewage sludge is to be applied or the facility 20 
is to be constructed; 21 
 
 (2) Mail a copy of the notice to: 22 
 
 (i) The local health official; 23 
 
 (ii) The chairman of the legislative body and any elected executive of 24 
the county where the sewage sludge is to be applied or the facility is to be constructed; 25 
 
 (iii) The elected executive of any municipal corporation where the 26 
sewage sludge is to be applied or the facility is to be constructed; and 27 
 
 (iv) Any other county within 1 mile of where the sewage sludge is to 28 
be applied or the facility is to be constructed. 29 
 
 (c) (1) Except as otherwise provided in § 9–234.1 of this subtitle, within 15 30 
days after receiving a copy of the permit application, the executive or the legislative body 31 
of the county, or the executive or the legislative body of the municipal corporation, where 32  10 	SENATE BILL 171  
 
 
the sewage sludge is to be applied or the facility is to be constructed may request that the 1 
Department hold a public hearing. 2 
 
 (2) If the Department receives a request under paragraph (1) of this 3 
subsection, the Department shall hold a public hearing:  4 
 
 (I) USING TELECONFERENCE 	OR INTERNET–BASED 5 
CONFERENCING TECHNOLOGY ; OR 6 
 
 (II) IN PERSON in the affected subdivision [in accordance with the 7 
Administrative Procedure Act]. 8 
 
 (3) If the executives or legislative bodies of more than [1] ONE county or 9 
municipal corporation request a hearing under this subsection, the Department may hold 10 
a consolidated hearing: 11 
 
 (I) USING TELECONFERENCE 	OR INTERNET–BASED 12 
CONFERENCING TECHNOL OGY; OR 13 
 
 (II) IN PERSON in [1] ONE county. 14 
 
 (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC 15 
HEARING USING TELECO NFERENCE OR INTERNET–BASED CONFERENCING 16 
TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2) OR (3) OF THIS SUBSECTION . 17 
 
 (d) For a permit to apply sewage sludge on land other than marginal land, the 18 
Department shall mail a copy of the permit application to: 19 
 
 (1) The local health official; 20 
 
 (2) The chairman of the legislative body and any elected executive of the 21 
county where the sewage sludge is to be applied; and 22 
 
 (3) The elected executive of any municipal corporation where the sewage 23 
sludge is to be applied. 24 
 
 (e) (1) Within 10 days after receiving a copy of the permit application, the 25 
executive or the legislative body of the county, or the executive or the legislative body of the 26 
municipal corporation, where the sewage sludge is to be applied may request that the 27 
Department conduct a public information meeting. 28 
 
 (2) If the Department receives a request under paragraph (1) of this 29 
subsection, the Department: 30 
 
 (i) Shall conduct a public information meeting: 31 
   	SENATE BILL 171 	11 
 
 
 1. USING TELECONFERENCE OR INTERNET–BASED 1 
CONFERENCING TECHNOLOGY ; OR 2 
 
 2. IN PERSON in the affected subdivision; 3 
 
 (ii) May consolidate the public information meeting with [1] ONE or 4 
more public information meetings for other applications in the same county; and 5 
 
 (iii) Shall notify the applicant for a permit and give the applicant the 6 
opportunity to present information at the public information meeting.  7 
 
 (3) If the executives or legislative bodies of more than [1] ONE county or 8 
municipal corporation request a public information meeting under this subsection, the 9 
Department may hold a consolidated public information meeting: 10 
 
 (I) USING TELECONFERENCE 	OR INTERNET–BASED 11 
CONFERENCING TECHNOL OGY; OR 12 
 
 (II) IN PERSON in [1] ONE county. 13 
 
 (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC 14 
INFORMATION MEETING USING TELECONFERENCE OR INTERNET–BASED 15 
CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (2)(I) OR (3) OF 16 
THIS SUBSECTION . 17 
 
 (f) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE DEPARTMENT IS NOT 18 
REQUIRED TO HOLD AN IN–PERSON PUBLIC HEARIN G OR PUBLIC INFORMATIO N 19 
MEETING SPECIFIED UN DER SUBSECTIONS (C) AND (E) OF THIS SECTION IF A N 20 
EMERGENCY DECLARATIO N IS ISSUED BY AN EX ECUTIVE AUTHORITY OF : 21 
 
 (1) THE FEDERAL OR STATE GOVERNMENT ; OR 22 
 
 (2) THE LOCAL GOVERNMENT WITH JURISDICTION OV ER A COUNTY 23 
OR MUNICIPALITY WHER E THE IN–PERSON MEETING OR HE ARING WOULD 24 
OTHERWISE BE HELD . 25 
 
 (G) The Department shall provide each county and municipal corporation that 26 
receives a copy of any application under this section with an opportunity to consult with 27 
the Department about the decision to issue, deny, or place restrictions on a sewage sludge 28 
utilization permit. 29 
 
9–234.1. 30 
 
 (a) This section does not apply to the storage or distribution of sewage sludge at 31 
a sewage treatment plant.  32  12 	SENATE BILL 171  
 
 
 
 (b) Before the Secretary issues, amends, or renews a permit to an applicant or 1 
permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or 2 
materially extend a structure used for storage or distribution of any type of sewage sludge, 3 
the Department shall hold a public hearing on the application, amendment, or renewal.  4 
 
 (c) The Department shall hold a public hearing [in the affected subdivision] in 5 
accordance with [the Administrative Procedure Act] TITLE 1, SUBTITLE 6 OF THIS 6 
ARTICLE. 7 
 
 (d) (1) If more than [1] ONE county or municipal corporation will be affected 8 
by the granting of the sludge storage permit application, the Department may hold a 9 
consolidated hearing [in any affected subdivision] IN ONE COUNTY OR MUN ICIPAL 10 
CORPORATION . 11 
 
 (2) IF THE DEPARTMENT HOLDS A CO NSOLIDATED HEARING U NDER 12 
PARAGRAPH (1) OF THIS SUBSECTION , THE CONSOLIDATED HEA RING SHALL BE 13 
HELD IN ACCORDANCE W ITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 14 
 
9–324. 15 
 
 (a) Subject to the provisions of this section, the Department may issue a discharge 16 
permit if the Department finds that the discharge meets: 17 
 
 (1) All applicable State and federal water quality standards and effluent 18 
limitations; and  19 
 
 (2) All other requirements of this subtitle. 20 
 
 (b) Before issuing a discharge permit, the Department AND THE APPLICANT 21 
shall comply with the provisions of Title 1, Subtitle 6 of this article. 22 
 
 (c) The [information] INFORMATIONAL meeting required by Title 1, Subtitle 6 23 
of this article shall be held in [the geographical area that will be most directly affected if 24 
the discharge permit is issued] ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS 25 
ARTICLE. 26 
 
 (d) The Department shall give public notice of each application for a discharge 27 
permit as required by Title 1, Subtitle 6 of this article, and by making available to the public 28 
appropriate documents, permit applications, supporting material, plans, and other relevant 29 
information. 30 
 
16–307. 31 
   	SENATE BILL 171 	13 
 
 
 (a) (1) Any person proposing to conduct on any wetland an activity not 1 
authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall 2 
apply for a permit with the Secretary, on the form the Secretary prescribes. 3 
 
 (5) (i) No later than 30 days after receipt of the application, the 4 
Secretary shall issue public notice of the opportunity to submit written comments or to 5 
request a hearing. 6 
 
 (II) A hearing shall be held if requested. 7 
 
 (III) A HEARING REQUIRED UND ER THIS SECTION MAY BE HELD 8 
USING TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 9 
 
 (IV) THE APPLICANT SHALL B EAR THE COST OF A HE ARING 10 
HELD USING TELECONFE	RENCE OR INTERNET–BASED CONFERENCING 11 
TECHNOLOGY IN ACCORD ANCE WITH SUBPARAGRA PH (III) OF THIS PARAGRAPH . 12 
 
 [(ii)] (V) (IV) If an electric company, as defined in § 1–101 of the 13 
Public Utilities Article, applies to the Public Service Commission for a certificate of public 14 
convenience associated with power plant construction which involves private wetlands, the 15 
hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources 16 
Article. 17 
 
 [(iii)] (VI) (V) At a requested hearing any person may appear and 18 
give testimony. 19 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 
October 1, 2022.  21 
 
 
 
 
Approved: 
________________________________________________________________________________  
 Governor. 
________________________________________________________________________________  
         President of the Senate. 
________________________________________________________________________________  
  Speaker of the House of Delegates.