MD
Maryland Senate Bill SB171

Maryland 2022 Regular Session

Maryland Senate Bill SB171 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 93
21
3-– 1 –
4-Chapter 93
5-(Senate Bill 171)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0171*
89
9-Environment – Public Participation Modernization Act
10+SENATE BILL 171
11+M3 2lr0044
12+ (PRE–FILED)
13+By: Chair, Education, Health, and Environmental Affairs Committee (By Request
14+– Departmental – Environment)
15+Requested: October 4, 2021
16+Introduced and read first time: January 12, 2022
17+Assigned to: Education, Health, and Environmental Affairs
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 1, 2022
1021
11-FOR the purpose of authorizing the Department of the Environment to hold certain public
12-meetings and hearings regarding certain licensing, permitting, and regulatory
13-responsibilities using teleconference or Internet–based conferencing technology
14-under certain circumstances; requiring applicants for certain licenses or permits to
15-bear the cost of certain public meetings and hearings held using teleconference or
16-Internet–based conferencing technology; repealing a requirement that notices
17-regarding applications for certain air quality permits be sent by certified mail;
18-requiring an applicant for certain permits to comply with specified provisions of law;
19-requiring that certain hearings regarding sewage sludge permits be held in
20-accordance with provisions of law regarding public participation rather than with
21-the Administrative Procedure Act; and generally relating to public participation in
22-the licensing, permitting, and regulations processes of the Department of the
23-Environment.
22+CHAPTER ______
2423
25-BY repealing and reenacting, without amendments,
26- Article – Environment
27- Section 1–601(a), 1–603(c)(1), 1–604(a)(4)(i), and 5–204(a)
28- Annotated Code of Maryland
29- (2013 Replacement Volume and 2021 Supplement)
24+AN ACT concerning 1
3025
31-BY repealing and reenacting, with amendments,
32- Article – Environment
33- Section 1–601(f), 2–303, 2–404, 5–204(c), and 7–239
34- Annotated Code of Maryland
35- (2013 Replacement Volume and 2021 Supplement)
26+Environment – Public Participation Modernization Act 2
3627
37-BY repealing and reenacting, with amendments,
38- Article – Environment
39- Section 9–204.2, 9–234, 9–234.1, 9–324, and 16–307(a)(5)
40- Annotated Code of Maryland
41- (2014 Replacement Volume and 2021 Supplement)
28+FOR the purpose of authorizing the Department of the Environment to hold certain public 3
29+meetings and hearings regarding certain licensing, permitting, and regulatory 4
30+responsibilities using teleconference or Internet–based conferencing technology 5
31+under certain circumstances; requiring applicants for certain licenses or permits to 6
32+bear the cost of certain public meetings and hearings held using teleconference or 7
33+Internet–based conferencing technology; repealing a requirement that notices 8
34+regarding applications for certain air quality permits be sent by certified mail; 9
35+requiring an applicant for certain permits to comply with specified provisions of law; 10
36+requiring that certain hearings regarding sewage sludge permits be held in 11
37+accordance with provisions of law regarding public participation rather than with 12
38+the Administrative Procedure Act; and generally relating to public participation in 13
39+the licensing, permitting, and regulations processes of the Department of the 14
40+Environment. 15
4241
43-BY repealing and reenacting, without amendments,
44- Article – Environment
45-Section 16–307(a)(1)
46- Annotated Code of Maryland
47- (2014 Replacement Volume and 2021 Supplement)
48- Ch. 93 2022 LAWS OF MARYLAND
42+BY repealing and reenacting, without amendments, 16
43+ Article – Environment 17
44+ Section 1–601(a), 1–603(c)(1), 1–604(a)(4)(i), and 5–204(a) 18
45+ Annotated Code of Maryland 19
46+ (2013 Replacement Volume and 2021 Supplement) 20
4947
50-– 2 –
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
52-That the Laws of Maryland read as follows:
48+BY repealing and reenacting, with amendments, 21 2 SENATE BILL 171
5349
54-Article – Environment
5550
56-1–601.
51+ Article – Environment 1
52+ Section 1–601(f), 2–303, 2–404, 5–204(c), and 7–239 2
53+ Annotated Code of Maryland 3
54+ (2013 Replacement Volume and 2021 Supplement) 4
5755
58- (a) Permits issued by the Department under the following sections shall be issued
59-in accordance with this subtitle:
56+BY repealing and reenacting, with amendments, 5
57+ Article – Environment 6
58+ Section 9–204.2, 9–234, 9–234.1, 9–324, and 16–307(a)(5) 7
59+ Annotated Code of Maryland 8
60+ (2014 Replacement Volume and 2021 Supplement) 9
6061
61- (1) Air quality control permits to construct subject to § 2–404 of this article;
62+BY repealing and reenacting, without amendments, 10
63+ Article – Environment 11
64+Section 16–307(a)(1) 12
65+ Annotated Code of Maryland 13
66+ (2014 Replacement Volume and 2021 Supplement) 14
6267
63- (2) Permits to install, materially alter, or materially extend landfill
64-systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;
68+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
69+That the Laws of Maryland read as follows: 16
6570
66- (3) Permits to discharge pollutants to waters of the State issued pursuant
67-to § 9–323 of this article;
71+Article – Environment 17
6872
69- (4) Permits to install, materially alter, or materially extend a structure
70-used for storage or distribution of any type of sewage sludge issued, renewed, or amended
71-pursuant to § 9–234.1 or § 9–238 of this article;
73+1–601. 18
7274
73- (5) Permits to own, operate, establish, or maintain a controlled hazardous
74-substance facility issued pursuant to § 7–232 of this article;
75+ (a) Permits issued by the Department under the following sections shall be issued 19
76+in accordance with this subtitle: 20
7577
76- (6) Permits to own, operate, or maintain a hazardous material facility
77-issued pursuant to § 7–103 of this article; and
78+ (1) Air quality control permits to construct subject to § 2–404 of this article; 21
7879
79- (7) Permits to own, operate, establish, or maintain a low–level nuclear
80-waste facility issued pursuant to § 7–233 of this article.
80+ (2) Permits to install, materially alter, or materially extend landfill 22
81+systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article; 23
8182
82- (f) (1) When this article requires more than one public informational meeting
83-or public hearing, the Department may consolidate some or all of the meetings or hearings
84-for the proposed facility with similar meetings or hearings.
83+ (3) Permits to discharge pollutants to waters of the State issued pursuant 24
84+to § 9–323 of this article; 25
8585
86- (2) (I) WHEN THIS SUBTITLE RE QUIRES THE DEPARTMENT TO
87-HOLD A PUBLIC INFORM ATIONAL MEETING OR PUBLIC HEA RING, THE DEPARTMENT
88-SHALL HOLD THE MEETI NG OR HEARING IN ACC ORDANCE WITH THE REQ UIREMENTS
89-OF THIS PARAGRAPH .
86+ (4) Permits to install, materially alter, or materially extend a structure 26
87+used for storage or distribution of any type of sewage sludge issued, renewed, or amended 27
88+pursuant to § 9–234.1 or § 9–238 of this article; 28
9089
91- (II) THE DEPARTMENT MAY HOLD A PUBLIC INFORMATIONAL
92-MEETING OR PUBLIC HE ARING REQUIRED UNDER THIS SUBTITLE USING
93-TELECONFE RENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY UNLESS :
94- LAWRENCE J. HOGAN, JR., Governor Ch. 93
90+ (5) Permits to own, operate, establish, or maintain a controlled hazardous 29
91+substance facility issued pursuant to § 7–232 of this article; 30
9592
96-– 3 –
97- 1. AN APPLICABLE PROVISI ON OF FEDERAL STATUT E OR
98-REGULATION REQUIRES THE MEETING OR HEARI NG TO BE HELD IN PER SON; OR
93+ (6) Permits to own, operate, or maintain a hazardous material facility 31
94+issued pursuant to § 7–103 of this article; and 32
9995
100- 2. SUBJECT TO SUBPARAGRA PH (IV) OF THIS
101-PARAGRAPH , ANY PERSON MAKES A TIMELY REQUEST WITHI N THE TIME PERIODS
102-SPECIFIED IN §§ 1–603(C)(1) AND 1–604(A)(4)(I) OF THIS SUBTITLE THA T THE
103-MEETING OR HEARING B E HELD IN PERSON .
96+ (7) Permits to own, operate, establish, or maintain a low–level nuclear 33
97+waste facility issued pursuant to § 7–233 of this article. 34 SENATE BILL 171 3
10498
105- (III) [The Department shall hold public informational meetings and
106-public hearings] IF THE DEPARTMENT HOLDS AN IN –PERSON PUBLIC
107-INFORMATIONAL MEETIN G OR PUBLIC HEARING , THE DEPARTMENT SHALL HOLD
108-THE MEETING OR HEARI NG at a location in the political subdivision and in close proximity
109-to the location where the individual permit applies.
11099
111- (IV) TO PROTECT P UBLIC HEALTH AND SAF ETY, THE
112-DEPARTMENT IS NOT REQ UIRED TO HOLD AN IN –PERSON PUBLIC INFORM ATIONAL
113-MEETING OR PUBLIC HE ARING SPECIFIED UNDE R SUBPARAGRAPH (II)2 OF THIS
114-PARAGRAPH IF AN EMER GENCY DECLARATION IS ISSUED BY AN EXECUTI VE
115-AUTHORITY OF :
116100
117- 1. THE FEDERAL OR STATE GOVERNMENT ; OR
101+ (f) (1) When this article requires more than one public informational meeting 1
102+or public hearing, the Department may consolidate some or all of the meetings or hearings 2
103+for the proposed facility with similar meetings or hearings. 3
118104
119- 2. THE LOCAL GOVERNMENT WITH JURISDICTION OV ER
120-A COUNTY OR MUNICIPA LITY WHERE THE IN –PERSON MEETING OR HE ARING WOULD
121-OTHERWISE BE HELD .
105+ (2) (I) WHEN THIS SUBTITLE RE QUIRES THE DEPARTMENT TO 4
106+HOLD A PUBLIC INFORM ATIONAL MEETING OR P UBLIC HEARING , THE DEPARTMENT 5
107+SHALL HOLD THE MEETI NG OR HEARING IN ACC ORDANCE WITH THE REQ UIREMENTS 6
108+OF THIS PARAGRAPH . 7
122109
123- (V) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC
124-INFORMATIONAL MEETIN G OR PUBLIC HEARING HELD US ING TELECONFERENCE O R
125-INTERNET–BASED CONFERENCING T ECHNOLOGY IN ACCORDA NCE WITH
126-SUBPARAGRAPH (II) OF THIS PARAGRAPH .
110+ (II) THE DEPARTMENT MAY HOLD A PUBLIC INFORMATIONAL 8
111+MEETING OR PUBLIC HE ARING REQUIRED UNDER THIS SUBTITLE USING 9
112+TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY UNLESS : 10
127113
128-1–603.
114+ 1. AN APPLICABLE PROVISI ON OF FEDERAL STATUT E OR 11
115+REGULATION REQUIRES THE MEETING OR HEARI NG TO BE HELD IN PER SON; OR 12
129116
130- (c) (1) Upon written request made within 10 working days after publication of
131-a notice of application, or in its own discretion, the Department shall provide an opportunity
132-for an informational meeting with respect to the application.
117+ 2. SUBJECT TO SUBPARAGRA PH (IV) OF THIS 13
118+PARAGRAPH , ANY PERSON MAKES A T IMELY REQUEST WITHIN THE TIME PERIODS 14
119+SPECIFIED IN §§ 1–603(C)(1) AND 1–604(A)(4)(I) OF THIS SUBTITLE THA T THE 15
120+MEETING OR HEARING B E HELD IN PERSON . 16
133121
134-1–604.
122+ (III) [The Department shall hold public informational meetings and 17
123+public hearings] IF THE DEPARTMENT HOLDS AN I N–PERSON PUBLIC 18
124+INFORMATIONAL MEETIN G OR PUBLIC HEARING , THE DEPARTMENT SHALL HOLD 19
125+THE MEETING OR HEARI NG at a location in the political subdivision and in close proximity 20
126+to the location where the individual permit applies. 21
135127
136- (a) (4) (i) The Department shall schedule a public hearing on the tentative
137-determination when a written request for a public hearing is made within 20 days of
138-publication of a notice of the tentative determination.
128+ (IV) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE 22
129+DEPARTMENT IS NOT REQ UIRED TO HOLD AN IN –PERSON PUBLIC INFORM ATIONAL 23
130+MEETING OR PUBLIC HE ARING SPECIFIED UNDE R SUBPARAGRAPH (II)2 OF THIS 24
131+PARAGRAPH IF AN EMERGENCY DECL ARATION IS ISSUED BY AN EXECUTIVE 25
132+AUTHORITY OF : 26
139133
140-2–303.
141- Ch. 93 2022 LAWS OF MARYLAND
134+ 1. THE FEDERAL OR STATE GOVERNMENT ; OR 27
142135
143-– 4 –
144- (a) The Department may not adopt any rule or regulation under this title unless
145-the requirements of this section and the Administrative Procedure Act are met.
136+ 2. THE LOCAL GOVERNMENT WITH JURISDICTION OV ER 28
137+A COUNTY OR MUNICIPA LITY WHERE THE IN –PERSON MEETING OR HE ARING WOULD 29
138+OTHERWISE BE HELD . 30
146139
147- (b) (1) Before adopting any rule or regulation under this title, the Department
148-shall announce and hold a public hearing on the subject.
140+ (V) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC 31
141+INFORMATIONAL MEETIN G OR PUBLIC HEARING HELD USING TELECONFE RENCE OR 32
142+INTERNET–BASED CONFERENCING T ECHNOLOGY IN ACCORDA NCE WITH 33
143+SUBPARAGRAPH (II) OF THIS PARAGRAPH . 34 4 SENATE BILL 171
149144
150- (2) A PUBLIC HEARING REQUI RED UNDER THIS SUBTI TLE MAY BE
151-HELD USING TELECONFE RENCE OR INTERNET–BASED CONF ERENCING
152-TECHNOLOGY .
153145
154- (c) (1) [Until October 1, 2014, at least 30 days before the public hearing, the
155-Department shall publish notice of the hearing in a newspaper of general circulation in the
156-area concerned.
157146
158- (2) The notice required under paragraph (1) of this subsection shall state:
147+1–603. 1
159148
160- (i) The date, time, and place of the hearing;
149+ (c) (1) Upon written request made within 10 working days after publication of 2
150+a notice of application, or in its own discretion, the Department shall provide an opportunity 3
151+for an informational meeting with respect to the application. 4
161152
162- (ii) The purpose of the hearing;
153+1–604. 5
163154
164- (iii) That, beginning on October 1, 2014, all future notices required
165-under this title will be posted on the Department’s Web site; and
155+ (a) (4) (i) The Department shall schedule a public hearing on the tentative 6
156+determination when a written request for a public hearing is made within 20 days of 7
157+publication of a notice of the tentative determination. 8
166158
167- (iv) A phone number or electronic mail address at the Department
168-that a person can contact to arrange for the receipt of future public notices required under
169-this title by first–class mail or electronic mail.
159+2–303. 9
170160
171- (3) Beginning on October 1, 2014, at] AT least 30 days before the public
172-hearing, the Department shall publish notice of the hearing in a newspaper of general
173-circulation in the area concerned or on the Department’s [Web site] WEBSITE.
161+ (a) The Department may not adopt any rule or regulation under this title unless 10
162+the requirements of this section and the Administrative Procedure Act are met. 11
174163
175- [(4)] (2) The notice required under paragraph [(3)] (1) of this subsection
176-shall state:
164+ (b) (1) Before adopting any rule or regulation under this title, the Department 12
165+shall announce and hold a public hearing on the subject. 13
177166
178- (i) The date, time, and place of the hearing; and
167+ (2) A PUBLIC HEARING R EQUIRED UNDER THIS S UBTITLE MAY BE 14
168+HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING 15
169+TECHNOLOGY . 16
179170
180- (ii) The purpose of the hearing.
171+ (c) (1) [Until October 1, 2014, at least 30 days before the public hearing, the 17
172+Department shall publish notice of the hearing in a newspaper of general circulation in the 18
173+area concerned. 19
181174
182- (d) [Beginning on October 1, 2014, the] THE Department shall publish annually
183-a notice in a newspaper of general circulation to inform the public of:
175+ (2) The notice required under paragraph (1) of this subsection shall state: 20
184176
185- (1) The types of public notices required under this title that are available
186-on the Department’s [Web site] WEBSITE; and
187- LAWRENCE J. HOGAN, JR., Governor Ch. 93
177+ (i) The date, time, and place of the hearing; 21
188178
189-– 5 –
190- (2) A phone number or electronic mail address at the Department that a
191-person can contact to arrange for the receipt of future public notices required under this
192-title by first–class mail or electronic mail.
179+ (ii) The purpose of the hearing; 22
193180
194- (e) After the public hearing, the Department may adopt the rule or regulation
195-with or without modification.
181+ (iii) That, beginning on October 1, 2014, all future notices required 23
182+under this title will be posted on the Department’s Web site; and 24
196183
197-2–404.
184+ (iv) A phone number or electronic mail address at the Department 25
185+that a person can contact to arrange for the receipt of future public notices required under 26
186+this title by first–class mail or electronic mail. 27
198187
199- (a) This section applies to the following activities:
188+ (3) Beginning on October 1, 2014, at] AT least 30 days before the public 28
189+hearing, the Department shall publish notice of the hearing in a newspaper of general 29
190+circulation in the area concerned or on the Department’s [Web site] WEBSITE. 30
191+ SENATE BILL 171 5
200192
201- (1) Construction of a new source;
202193
203- (2) Replacement of components of an existing permitted source, if the fixed
204-capital cost of the replacement components exceeds one–half of the fixed capital cost that
205-would be required to construct a new source comparable in process to the existing source;
206-and
194+ [(4)] (2) The notice required under paragraph [(3)] (1) of this subsection 1
195+shall state: 2
207196
208- (3) Modification of an existing permitted source by making a physical or
209-operational change to the source that will result in a significant net increase in emissions
210-of any pollutant from that source.
197+ (i) The date, time, and place of the hearing; and 3
211198
212- (b) (1) Before accepting an application for a permit subject to subsection (c) of
213-this section, the Department shall require the applicant to submit documentation:
199+ (ii) The purpose of the hearing. 4
214200
215- (i) That demonstrates that the proposal has been approved by the
216-local jurisdiction for all zoning and land use requirements; or
201+ (d) [Beginning on October 1, 2014, the] THE Department shall publish annually 5
202+a notice in a newspaper of general circulation to inform the public of: 6
217203
218- (ii) That the source meets all applicable zoning and land use
219-requirements.
204+ (1) The types of public notices required under this title that are available 7
205+on the Department’s [Web site] WEBSITE; and 8
220206
221- (2) Paragraph (1) of this subsection does not apply to any application for a
222-permit to construct at an existing source unless the existing source is a nonconforming use.
207+ (2) A phone number or electronic mail address at the Department that a 9
208+person can contact to arrange for the receipt of future public notices required under this 10
209+title by first–class mail or electronic mail. 11
223210
224- (c) The Department shall comply with the provisions in subsection (d) of this
225-section before issuing a permit for the activities listed in subsection (a) of this section at:
211+ (e) After the public hearing, the Department may adopt the rule or regulation 12
212+with or without modification. 13
226213
227- (1) Any source which is required to obtain a permit to operate under
228-regulations adopted under this subtitle;
214+2–404. 14
229215
230- (2) Any source which is subject to federal standards under 40 C.F.R. Part
231-61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21
232-(Prevention of Significant Deterioration); or
233- Ch. 93 2022 LAWS OF MARYLAND
216+ (a) This section applies to the following activities: 15
234217
235-– 6 –
236- (3) Any source that will, after control, discharge 25 tons or more per year
237-of a pollutant regulated under this title in the areas of Baltimore City designated by the
238-United States Post Office as zip code numbers 21225, 21226, and 21230.
218+ (1) Construction of a new source; 16
239219
240- (d) (1) On receipt of an application for a permit subject to subsection (c) of this
241-section, the Department shall give notice immediately or require the applicant to give
242-notice immediately of the application [by certified mail] to:
220+ (2) Replacement of components of an existing permitted source, if the fixed 17
221+capital cost of the replacement components exceeds one–half of the fixed capital cost that 18
222+would be required to construct a new source comparable in process to the existing source; 19
223+and 20
243224
244- (i) The governing body of each county or municipal corporation in
245-which any portion of the source is located or is proposed to be located;
225+ (3) Modification of an existing permitted source by making a physical or 21
226+operational change to the source that will result in a significant net increase in emissions 22
227+of any pollutant from that source. 23
246228
247- (ii) The governing body of each county or municipal corporation
248-within one mile of the property line of the source or the proposed location of the source;
229+ (b) (1) Before accepting an application for a permit subject to subsection (c) of 24
230+this section, the Department shall require the applicant to submit documentation: 25
249231
250- (iii) Each member of the General Assembly representing any part of
251-a county in which any portion of the source is located or proposed to be located; and
232+ (i) That demonstrates that the proposal has been approved by the 26
233+local jurisdiction for all zoning and land use requirements; or 27
252234
253- (iv) Each member of the General Assembly representing any part of
254-each county within one mile of the property line of the source or the proposed location of
255-the source.
235+ (ii) That the source meets all applicable zoning and land use 28
236+requirements. 29
256237
257- (2) In addition to the requirements under paragraph (1) of this subsection,
258-before issuing a permit subject to subsection (c) of this section, the Department shall:
238+ (2) Paragraph (1) of this subsection does not apply to any application for a 30
239+permit to construct at an existing source unless the existing source is a nonconforming use. 31
240+ 6 SENATE BILL 171
259241
260- (i) Comply with the provisions of Title 1, Subtitle 6 of this article;
261-and
262242
263- (ii) Conduct any public hearing required by Title 1, Subtitle 6 of this
264-article [in the county in which the proposed source is located].
243+ (c) The Department shall comply with the provisions in subsection (d) of this 1
244+section before issuing a permit for the activities listed in subsection (a) of this section at: 2
265245
266- (3) In addition to the requirements under paragraphs (1) and (2) of this
267-subsection, before issuing a permit to construct a source described in subsection (c)(3) of
268-this section, the Department shall require at the expense of the applicant the preparation
269-of an ambient air quality impact analysis regarding the proposed construction.
246+ (1) Any source which is required to obtain a permit to operate under 3
247+regulations adopted under this subtitle; 4
270248
271- (e) Before issuing a permit for the activities listed in subsection (a) of this section
272-at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source
273-Performance Standards), the Department shall:
249+ (2) Any source which is subject to federal standards under 40 C.F.R. Part 5
250+61 (National Emission Standards for Hazardous Air Pollutants) or 40 C.F.R. 52.21 6
251+(Prevention of Significant Deterioration); or 7
274252
275- (1) Comply with the provisions of subsection (d) of this section; or
253+ (3) Any source that will, after control, discharge 25 tons or more per year 8
254+of a pollutant regulated under this title in the areas of Baltimore City designated by the 9
255+United States Post Office as zip code numbers 21225, 21226, and 21230. 10
276256
277- (2) (i) Electronically post a notice of an application for the permit on
278-the Department’s [Web site] WEBSITE in accordance with § 1–602(b)(1) of this article;
257+ (d) (1) On receipt of an application for a permit subject to subsection (c) of this 11
258+section, the Department shall give notice immediately or require the applicant to give 12
259+notice immediately of the application [by certified mail] to: 13
279260
280- (ii) Give notice to the chief executive of any county or municipal
281-corporation in which any portion of the source is located or is proposed to be located; and LAWRENCE J. HOGAN, JR., Governor Ch. 93
261+ (i) The governing body of each county or municipal corporation in 14
262+which any portion of the source is located or is proposed to be located; 15
282263
283-– 7 –
264+ (ii) The governing body of each county or municipal corporation 16
265+within one mile of the property line of the source or the proposed location of the source; 17
284266
285- (iii) Receive comments from the public on the permit application.
267+ (iii) Each member of the General Assembly representing any part of 18
268+a county in which any portion of the source is located or proposed to be located; and 19
286269
287- (f) The provisions of this section do not apply to any permit to construct control
288-equipment on an existing source or to any permit to operate.
270+ (iv) Each member of the General Assembly representing any part of 20
271+each county within one mile of the property line of the source or the proposed location of 21
272+the source. 22
289273
290-5–204.
274+ (2) In addition to the requirements under paragraph (1) of this subsection, 23
275+before issuing a permit subject to subsection (c) of this section, the Department shall: 24
291276
292- (a) (1) It is the intent of the General Assembly to establish consolidated
293-procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles
294-14, 15, and 16 of this article in order to ensure efficient review and consistent decision
295-making.
277+ (i) Comply with the provisions of Title 1, Subtitle 6 of this article; 25
278+and 26
296279
297- (2) Notwithstanding any provision of the State Government Article, public
298-notice on pending applications provided in accordance with the provisions of this section
299-shall be the only notice required by law.
280+ (ii) Conduct any public hearing required by Title 1, Subtitle 6 of this 27
281+article [in the county in which the proposed source is located]. 28
300282
301- (c) (1) The Department shall hold a public informational hearing if it receives
302-a timely written request in accordance with the [following] provisions[:] OF THIS
303-SUBSECTION.
283+ (3) In addition to the requirements under paragraphs (1) and (2) of this 29
284+subsection, before issuing a permit to construct a source described in subsection (c)(3) of 30
285+this section, the Department shall require at the expense of the applicant the preparation 31
286+of an ambient air quality impact analysis regarding the proposed construction. 32
287+ SENATE BILL 171 7
304288
305- [(1)] (2) The request shall be received prior to the close of the public
306-comment period.
307289
308- [(2)] (3) A public informational hearing shall be held within 45 calendar
309-days of the close of the public comment period.
290+ (e) Before issuing a permit for the activities listed in subsection (a) of this section 1
291+at any source which is subject to federal standards under 40 C.F.R. Part 60 (New Source 2
292+Performance Standards), the Department shall: 3
310293
311- [(3)] (4) The Department shall specify the date, time, and location of the
312-public INFORMATIONAL hearing.
294+ (1) Comply with the provisions of subsection (d) of this section; or 4
313295
314- (5) THE PUBLIC INFORMATIO NAL HEARING MAY BE H ELD USING
315-TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY .
296+ (2) (i) Electronically post a notice of an application for the permit on 5
297+the Department’s [Web site] WEBSITE in accordance with § 1–602(b)(1) of this article; 6
316298
317- [(4)] (6) The Department shall mail notice of the date, time, and location
318-of any public informational hearing on an application to those persons on the interested
319-persons list no later than 14 calendar days prior to the hearing.
299+ (ii) Give notice to the chief executive of any county or municipal 7
300+corporation in which any portion of the source is located or is proposed to be located; and 8
320301
321- [(5)] (7) The Department may extend the official record of a public
322-informational hearing.
302+ (iii) Receive comments from the public on the permit application. 9
323303
324- (8) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC
325-INFORMATIONAL HEARIN G HELD USING TELECON FERENCE OR INTERNET–BASED
326-CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (5) OF THIS
327-SUBSECTION.
328- Ch. 93 2022 LAWS OF MARYLAND
304+ (f) The provisions of this section do not apply to any permit to construct control 10
305+equipment on an existing source or to any permit to operate. 11
329306
330-– 8 –
331-7–239.
307+5–204. 12
332308
333- (a) Before the Department issues a controlled hazardous substance facility
334-permit, the Department AND THE APPLICANT shall comply with Title 1, Subtitle 6 of this
335-article.
309+ (a) (1) It is the intent of the General Assembly to establish consolidated 13
310+procedures and notice and hearing requirements for Subtitles 5 and 9 of this title and Titles 14
311+14, 15, and 16 of this article in order to ensure efficient review and consistent decision 15
312+making. 16
336313
337- (b) Before the Department issues a low–level nuclear waste facility permit[, the]:
314+ (2) Notwithstanding any provision of the State Government Article, public 17
315+notice on pending applications provided in accordance with the provisions of this section 18
316+shall be the only notice required by law. 19
338317
339- (1) THE Department AND THE APPLICANT shall[:
318+ (c) (1) The Department shall hold a public informational hearing if it receives 20
319+a timely written request in accordance with the [following] provisions[:] OF THIS 21
320+SUBSECTION. 22
340321
341- (1) Comply] COMPLY with Title 1, Subtitle 6 of this article; and
322+ [(1)] (2) The request shall be received prior to the close of the public 23
323+comment period. 24
342324
343- (2) [Conduct] THE DEPARTMENT SHALL COND UCT any public hearing
344-required by § 1–604 of this article:
325+ [(2)] (3) A public informational hearing shall be held within 45 calendar 25
326+days of the close of the public comment period. 26
345327
346- (I) USING TELECONFERENCE OR INTERNET–BASED
347-CONFERENCING TECHNOL OGY; OR
328+ [(3)] (4) The Department shall specify the date, time, and location of the 27
329+public INFORMATIONAL hearing. 28
348330
349- (II) IN PERSON in the county where the proposed facility is to be
350-located.
331+ (5) THE PUBLIC INF ORMATIONAL HEARING M AY BE HELD USING 29
332+TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 30
333+ 8 SENATE BILL 171
351334
352-9–204.2.
353335
354- (a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle
355-6 of this article, an applicant for a permit to install, materially alter, or materially extend
356-a landfill system shall give notice of the application by certified mail to:
336+ [(4)] (6) The Department shall mail notice of the date, time, and location 1
337+of any public informational hearing on an application to those persons on the interested 2
338+persons list no later than 14 calendar days prior to the hearing. 3
357339
358- (1) The owners of all real property adjoining the site where the proposed
359-project is located;
340+ [(5)] (7) The Department may extend the official record of a public 4
341+informational hearing. 5
360342
361- (2) The chairman of the legislative body and any elected executive of the
362-county where the proposed project site is located;
343+ (8) THE APPLICANT SHALL B EAR THE COST OF A PU BLIC 6
344+INFORMATIONAL HEARIN G HELD USING TELECONFERENCE OR INTERNET–BASED 7
345+CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (5) OF THIS 8
346+SUBSECTION. 9
363347
364- (3) The elected executive of any municipal corporation where the proposed
365-project site is located; and
348+7–239. 10
366349
367- (4) Any other county within 1 mile of where the proposed project site is
368-located.
350+ (a) Before the Department issues a controlled hazardous substance facility 11
351+permit, the Department AND THE APPLICANT shall comply with Title 1, Subtitle 6 of this 12
352+article. 13
369353
370- (b) Any informational meeting required by § 1–603 of this article shall be held [in
371-the county where the proposed facility is to be located] IN ACCORDANCE WITH TITLE 1,
372-SUBTITLE 6 OF THIS ARTICLE .
354+ (b) Before the Department issues a low–level nuclear waste facility permit[, the]: 14
373355
374-9–234.
375- LAWRENCE J. HOGAN, JR., Governor Ch. 93
356+ (1) THE Department AND THE APPLICANT shall[: 15
376357
377-– 9 –
378- (a) When the Department receives an application for a permit to utilize sewage
379-sludge at a site, the Department immediately shall mail a copy of the permit application:
358+ (1) Comply] COMPLY with Title 1, Subtitle 6 of this article; and 16
380359
381- (1) To the legislative body and any elected executive of a county and to the
382-elected executive of any municipal corporation where the sewage sludge utilization site is
383-to be located; and
360+ (2) [Conduct] THE DEPARTMENT SHALL COND UCT any public hearing 17
361+required by § 1–604 of this article: 18
384362
385- (2) To the legislative body and any elected executive of any other county
386-within 1 mile of the sewage sludge utilization site.
363+ (I) USING TELECONFERENCE OR INTERNET–BASED 19
364+CONFERENCING TECHNOL OGY; OR 20
387365
388- (b) For a permit to apply sewage sludge on marginal land or to construct a
389-permanent facility that is designed primarily to utilize sewage sludge, the Department
390-shall:
366+ (II) IN PERSON in the county where the proposed facility is to be 21
367+located. 22
391368
392- (1) Publish notice of the application in a local newspaper having a
393-substantial circulation in the county where the sewage sludge is to be applied or the facility
394-is to be constructed;
369+9–204.2. 23
395370
396- (2) Mail a copy of the notice to:
371+ (a) In addition to the requirements of § 9–204 of this subtitle and Title 1, Subtitle 24
372+6 of this article, an applicant for a permit to install, materially alter, or materially extend 25
373+a landfill system shall give notice of the application by certified mail to: 26
397374
398- (i) The local health official;
375+ (1) The owners of all real property adjoining the site where the proposed 27
376+project is located; 28
399377
400- (ii) The chairman of the legislative body and any elected executive of
401-the county where the sewage sludge is to be applied or the facility is to be constructed;
378+ (2) The chairman of the legislative body and any elected executive of the 29
379+county where the proposed project site is located; 30
380+ SENATE BILL 171 9
402381
403- (iii) The elected executive of any municipal corporation where the
404-sewage sludge is to be applied or the facility is to be constructed; and
405382
406- (iv) Any other county within 1 mile of where the sewage sludge is to
407-be applied or the facility is to be constructed.
383+ (3) The elected executive of any municipal corporation where the proposed 1
384+project site is located; and 2
408385
409- (c) (1) Except as otherwise provided in § 9–234.1 of this subtitle, within 15
410-days after receiving a copy of the permit application, the executive or the legislative body
411-of the county, or the executive or the legislative body of the municipal corporation, where
412-the sewage sludge is to be applied or the facility is to be constructed may request that the
413-Department hold a public hearing.
386+ (4) Any other county within 1 mile of where the proposed project site is 3
387+located. 4
414388
415- (2) If the Department receives a request under paragraph (1) of this
416-subsection, the Department shall hold a public hearing:
389+ (b) Any informational meeting required by § 1–603 of this article shall be held [in 5
390+the county where the proposed facility is to be located] IN ACCORDANCE WITH TITLE 1, 6
391+SUBTITLE 6 OF THIS ARTICLE . 7
417392
418- (I) USING TELECONFERENCE OR INTERNET–BASED
419-CONFERENCING TECHNOL OGY; OR
393+9–234. 8
420394
421- (II) IN PERSON in the affected subdivision [in accordance with the
422-Administrative Procedure Act].
423- Ch. 93 2022 LAWS OF MARYLAND
395+ (a) When the Department receives an application for a permit to utilize sewage 9
396+sludge at a site, the Department immediately shall mail a copy of the permit application: 10
424397
425-– 10 –
426- (3) If the executives or legislative bodies of more than [1] ONE county or
427-municipal corporation request a hearing under this subsection, the Department may hold
428-a consolidated hearing:
398+ (1) To the legislative body and any elected executive of a county and to the 11
399+elected executive of any municipal corporation where the sewage sludge utilization site is 12
400+to be located; and 13
429401
430- (I) USING TELECONFERENCE OR INTERNET–BASED
431-CONFERENCING TECHNOL OGY; OR
402+ (2) To the legislative body and any elected executive of any other county 14
403+within 1 mile of the sewage sludge utilization site. 15
432404
433- (II) IN PERSON in [1] ONE county.
405+ (b) For a permit to apply sewage sludge on marginal land or to construct a 16
406+permanent facility that is designed primarily to utilize sewage sludge, the Department 17
407+shall: 18
434408
435- (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC
436-HEARING USING TELECO NFERENCE OR INTERNET–BASED CONFERENCING
437-TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2) OR (3) OF THIS SUBSECTION .
409+ (1) Publish notice of the application in a local newspaper having a 19
410+substantial circulation in the county where the sewage sludge is to be applied or the facility 20
411+is to be constructed; 21
438412
439- (d) For a permit to apply sewage sludge on land other than marginal land, the
440-Department shall mail a copy of the permit application to:
413+ (2) Mail a copy of the notice to: 22
441414
442- (1) The local health official;
415+ (i) The local health official; 23
443416
444- (2) The chairman of the legislative body and any elected executive of the
445-county where the sewage sludge is to be applied; and
417+ (ii) The chairman of the legislative body and any elected executive of 24
418+the county where the sewage sludge is to be applied or the facility is to be constructed; 25
446419
447- (3) The elected executive of any municipal corporation where the sewage
448-sludge is to be applied.
420+ (iii) The elected executive of any municipal corporation where the 26
421+sewage sludge is to be applied or the facility is to be constructed; and 27
449422
450- (e) (1) Within 10 days after receiving a copy of the permit application, the
451-executive or the legislative body of the county, or the executive or the legislative body of the
452-municipal corporation, where the sewage sludge is to be applied may request that the
453-Department conduct a public information meeting.
423+ (iv) Any other county within 1 mile of where the sewage sludge is to 28
424+be applied or the facility is to be constructed. 29
454425
455- (2) If the Department receives a request under paragraph (1) of this
456-subsection, the Department:
426+ (c) (1) Except as otherwise provided in § 9–234.1 of this subtitle, within 15 30
427+days after receiving a copy of the permit application, the executive or the legislative body 31
428+of the county, or the executive or the legislative body of the municipal corporation, where 32 10 SENATE BILL 171
457429
458- (i) Shall conduct a public information meeting:
459430
460- 1. USING TELECONFERENCE OR INTERNET–BASED
461-CONFERENCING TECHNOL OGY; OR
431+the sewage sludge is to be applied or the facility is to be constructed may request that the 1
432+Department hold a public hearing. 2
462433
463- 2. IN PERSON in the affected subdivision;
434+ (2) If the Department receives a request under paragraph (1) of this 3
435+subsection, the Department shall hold a public hearing: 4
464436
465- (ii) May consolidate the public information meeting with [1] ONE or
466-more public information meetings for other applications in the same county; and
437+ (I) USING TELECONFERENCE OR INTERNET–BASED 5
438+CONFERENCING TECHNOLOGY ; OR 6
467439
468- (iii) Shall notify the applicant for a permit and give the applicant the
469-opportunity to present information at the public information meeting.
470- LAWRENCE J. HOGAN, JR., Governor Ch. 93
440+ (II) IN PERSON in the affected subdivision [in accordance with the 7
441+Administrative Procedure Act]. 8
471442
472-– 11 –
473- (3) If the executives or legislative bodies of more than [1] ONE county or
474-municipal corporation request a public information meeting under this subsection, the
475-Department may hold a consolidated public information meeting:
443+ (3) If the executives or legislative bodies of more than [1] ONE county or 9
444+municipal corporation request a hearing under this subsection, the Department may hold 10
445+a consolidated hearing: 11
476446
477- (I) USING TELECONFERENCE OR INTERNET–BASED
478-CONFERENCING TECHNOL OGY; OR
447+ (I) USING TELECONFERENCE OR INTERNET–BASED 12
448+CONFERENCING TECHNOL OGY; OR 13
479449
480- (II) IN PERSON in [1] ONE county.
450+ (II) IN PERSON in [1] ONE county. 14
481451
482- (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC
483-INFORMATION MEETING USING TELECONFERENCE OR INTERNET–BASED
484-CONFERENCING TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2)(I) OR (3) OF
485-THIS SUBSECTION .
452+ (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC 15
453+HEARING USING TELECO NFERENCE OR INTERNET–BASED CONFERENCING 16
454+TECHNOLOGY IN ACCORD ANCE WITH PARAGRAPH (2) OR (3) OF THIS SUBSECTION . 17
486455
487- (f) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE DEPARTMENT IS NOT
488-REQUIRED TO HOLD AN IN–PERSON PUBLIC HEARIN G OR PUBLIC INFORMAT ION
489-MEETING SPECIFIED UN DER SUBSECTIONS (C) AND (E) OF THIS SECTION IF AN
490-EMERGENCY DECLARATIO N IS ISSUED BY AN EX ECUTIVE AUTHORITY OF :
456+ (d) For a permit to apply sewage sludge on land other than marginal land, the 18
457+Department shall mail a copy of the permit application to: 19
491458
492- (1) THE FEDERAL OR STATE GOVERNMENT ; OR
459+ (1) The local health official; 20
493460
494- (2) THE LOCAL GOVERNMENT WITH JURISDICTION OV ER A COUNTY
495-OR MUNICIPALITY WHER E THE IN–PERSON MEETING OR HE ARING WOULD
496-OTHERWISE BE HELD.
461+ (2) The chairman of the legislative body and any elected executive of the 21
462+county where the sewage sludge is to be applied; and 22
497463
498- (G) The Department shall provide each county and municipal corporation that
499-receives a copy of any application under this section with an opportunity to consult with
500-the Department about the decision to issue, deny, or place restrictions on a sewage sludge
501-utilization permit.
464+ (3) The elected executive of any municipal corporation where the sewage 23
465+sludge is to be applied. 24
502466
503-9–234.1.
467+ (e) (1) Within 10 days after receiving a copy of the permit application, the 25
468+executive or the legislative body of the county, or the executive or the legislative body of the 26
469+municipal corporation, where the sewage sludge is to be applied may request that the 27
470+Department conduct a public information meeting. 28
504471
505- (a) This section does not apply to the storage or distribution of sewage sludge at
506-a sewage treatment plant.
472+ (2) If the Department receives a request under paragraph (1) of this 29
473+subsection, the Department: 30
507474
508- (b) Before the Secretary issues, amends, or renews a permit to an applicant or
509-permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or
510-materially extend a structure used for storage or distribution of any type of sewage sludge,
511-the Department shall hold a public hearing on the application, amendment, or renewal.
475+ (i) Shall conduct a public information meeting: 31
476+ SENATE BILL 171 11
512477
513- (c) The Department shall hold a public hearing [in the affected subdivision] in
514-accordance with [the Administrative Procedure Act] TITLE 1, SUBTITLE 6 OF THIS
515-ARTICLE.
516- Ch. 93 2022 LAWS OF MARYLAND
517478
518-– 12 –
519- (d) (1) If more than [1] ONE county or municipal corporation will be affected
520-by the granting of the sludge storage permit application, the Department may hold a
521-consolidated hearing [in any affected subdivision] IN ONE COUNTY OR MUN ICIPAL
522-CORPORATION .
479+ 1. USING TELECONFERENCE OR INTERNET–BASED 1
480+CONFERENCING TECHNOLOGY ; OR 2
523481
524- (2) IF THE DEPARTMENT HOLDS A CO NSOLIDATED HEARING U NDER
525-PARAGRAPH (1) OF THIS SUBSECTION , THE CONSOLIDATED HEA RING SHALL BE
526-HELD IN ACCORDANCE W ITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE.
482+ 2. IN PERSON in the affected subdivision; 3
527483
528-9–324.
484+ (ii) May consolidate the public information meeting with [1] ONE or 4
485+more public information meetings for other applications in the same county; and 5
529486
530- (a) Subject to the provisions of this section, the Department may issue a discharge
531-permit if the Department finds that the discharge meets:
487+ (iii) Shall notify the applicant for a permit and give the applicant the 6
488+opportunity to present information at the public information meeting. 7
532489
533- (1) All applicable State and federal water quality standards and effluent
534-limitations; and
490+ (3) If the executives or legislative bodies of more than [1] ONE county or 8
491+municipal corporation request a public information meeting under this subsection, the 9
492+Department may hold a consolidated public information meeting: 10
535493
536- (2) All other requirements of this subtitle.
494+ (I) USING TELECONFERENCE OR INTERNET–BASED 11
495+CONFERENCING TECHNOL OGY; OR 12
537496
538- (b) Before issuing a discharge permit, the Department AND THE APPLICANT
539-shall comply with the provisions of Title 1, Subtitle 6 of this article.
497+ (II) IN PERSON in [1] ONE county. 13
540498
541- (c) The [information] INFORMATIONAL meeting required by Title 1, Subtitle 6
542-of this article shall be held in [the geographical area that will be most directly affected if
543-the discharge permit is issued] ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS
544-ARTICLE.
499+ (4) AN APPLICANT SHALL BE AR THE COST OF HOLDI NG A PUBLIC 14
500+INFORMATION MEETING USING TELECONFERENCE OR INTERNET–BASED 15
501+CONFERENCING TECHNOL OGY IN ACCORDANCE WI TH PARAGRAPH (2)(I) OR (3) OF 16
502+THIS SUBSECTION . 17
545503
546- (d) The Department shall give public notice of each application for a discharge
547-permit as required by Title 1, Subtitle 6 of this article, and by making available to the public
548-appropriate documents, permit applications, supporting material, plans, and other relevant
549-information.
504+ (f) TO PROTECT PUBLIC HEA LTH AND SAFETY , THE DEPARTMENT IS NOT 18
505+REQUIRED TO HOLD AN IN–PERSON PUBLIC HEARIN G OR PUBLIC INFORMATIO N 19
506+MEETING SPECIFIED UN DER SUBSECTIONS (C) AND (E) OF THIS SECTION IF A N 20
507+EMERGENCY DECLARATIO N IS ISSUED BY AN EX ECUTIVE AUTHORITY OF : 21
550508
551-16–307.
509+ (1) THE FEDERAL OR STATE GOVERNMENT ; OR 22
552510
553- (a) (1) Any person proposing to conduct on any wetland an activity not
554-authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall
555-apply for a permit with the Secretary, on the form the Secretary prescribes.
511+ (2) THE LOCAL GOVERNMENT WITH JURISDICTION OV ER A COUNTY 23
512+OR MUNICIPALITY WHER E THE IN–PERSON MEETING OR HE ARING WOULD 24
513+OTHERWISE BE HELD . 25
556514
557- (5) (i) No later than 30 days after receipt of the application, the
558-Secretary shall issue public notice of the opportunity to submit written comments or to
559-request a hearing.
515+ (G) The Department shall provide each county and municipal corporation that 26
516+receives a copy of any application under this section with an opportunity to consult with 27
517+the Department about the decision to issue, deny, or place restrictions on a sewage sludge 28
518+utilization permit. 29
560519
561- (II) A hearing shall be held if requested.
562- LAWRENCE J. HOGAN, JR., Governor Ch. 93
520+9–234.1. 30
563521
564-– 13 –
565- (III) A HEARING REQUIRED UND ER THIS SECTION MAY BE HELD
566-USING TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY .
522+ (a) This section does not apply to the storage or distribution of sewage sludge at 31
523+a sewage treatment plant. 32 12 SENATE BILL 171
567524
568- (IV) THE APPLICANT SHALL BEAR THE COST OF A HEARIN G
569-HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING
570-TECHNOLOGY IN ACCORD ANCE WITH SUBPARAGRA PH (III) OF THIS PARAGRAPH .
571525
572- [(ii)] (V) (IV) If an electric company, as defined in § 1–101 of the
573-Public Utilities Article, applies to the Public Service Commission for a certificate of public
574-convenience associated with power plant construction which involves private wetlands, the
575-hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources
576-Article.
577526
578- [(iii)] (VI) (V) At a requested hearing any person may appear and
579-give testimony.
527+ (b) Before the Secretary issues, amends, or renews a permit to an applicant or 1
528+permit holder under § 9–232 or § 9–238 of this subtitle to install, materially alter, or 2
529+materially extend a structure used for storage or distribution of any type of sewage sludge, 3
530+the Department shall hold a public hearing on the application, amendment, or renewal. 4
580531
581- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
582-October 1, 2022.
532+ (c) The Department shall hold a public hearing [in the affected subdivision] in 5
533+accordance with [the Administrative Procedure Act] TITLE 1, SUBTITLE 6 OF THIS 6
534+ARTICLE. 7
583535
584-Approved by the Governor, April 12, 2022.
536+ (d) (1) If more than [1] ONE county or municipal corporation will be affected 8
537+by the granting of the sludge storage permit application, the Department may hold a 9
538+consolidated hearing [in any affected subdivision] IN ONE COUNTY OR MUN ICIPAL 10
539+CORPORATION . 11
540+
541+ (2) IF THE DEPARTMENT HOLDS A CO NSOLIDATED HEARING U NDER 12
542+PARAGRAPH (1) OF THIS SUBSECTION , THE CONSOLIDATED HEA RING SHALL BE 13
543+HELD IN ACCORDANCE W ITH TITLE 1, SUBTITLE 6 OF THIS ARTICLE. 14
544+
545+9–324. 15
546+
547+ (a) Subject to the provisions of this section, the Department may issue a discharge 16
548+permit if the Department finds that the discharge meets: 17
549+
550+ (1) All applicable State and federal water quality standards and effluent 18
551+limitations; and 19
552+
553+ (2) All other requirements of this subtitle. 20
554+
555+ (b) Before issuing a discharge permit, the Department AND THE APPLICANT 21
556+shall comply with the provisions of Title 1, Subtitle 6 of this article. 22
557+
558+ (c) The [information] INFORMATIONAL meeting required by Title 1, Subtitle 6 23
559+of this article shall be held in [the geographical area that will be most directly affected if 24
560+the discharge permit is issued] ACCORDANCE WITH TITLE 1, SUBTITLE 6 OF THIS 25
561+ARTICLE. 26
562+
563+ (d) The Department shall give public notice of each application for a discharge 27
564+permit as required by Title 1, Subtitle 6 of this article, and by making available to the public 28
565+appropriate documents, permit applications, supporting material, plans, and other relevant 29
566+information. 30
567+
568+16–307. 31
569+ SENATE BILL 171 13
570+
571+
572+ (a) (1) Any person proposing to conduct on any wetland an activity not 1
573+authorized by the regulations adopted under the provisions of § 16–302 of this subtitle shall 2
574+apply for a permit with the Secretary, on the form the Secretary prescribes. 3
575+
576+ (5) (i) No later than 30 days after receipt of the application, the 4
577+Secretary shall issue public notice of the opportunity to submit written comments or to 5
578+request a hearing. 6
579+
580+ (II) A hearing shall be held if requested. 7
581+
582+ (III) A HEARING REQUIRED UND ER THIS SECTION MAY BE HELD 8
583+USING TELECONFERENCE OR INTERNET–BASED CONFERENCING T ECHNOLOGY . 9
584+
585+ (IV) THE APPLICANT SHALL B EAR THE COST OF A HE ARING 10
586+HELD USING TELECONFE RENCE OR INTERNET–BASED CONFERENCING 11
587+TECHNOLOGY IN ACCORD ANCE WITH SUBPARAGRA PH (III) OF THIS PARAGRAPH . 12
588+
589+ [(ii)] (V) (IV) If an electric company, as defined in § 1–101 of the 13
590+Public Utilities Article, applies to the Public Service Commission for a certificate of public 14
591+convenience associated with power plant construction which involves private wetlands, the 15
592+hearing and permit procedure shall be in accordance with § 3–306 of the Natural Resources 16
593+Article. 17
594+
595+ [(iii)] (VI) (V) At a requested hearing any person may appear and 18
596+give testimony. 19
597+
598+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
599+October 1, 2022. 21
600+
601+
602+
603+
604+Approved:
605+________________________________________________________________________________
606+ Governor.
607+________________________________________________________________________________
608+ President of the Senate.
609+________________________________________________________________________________
610+ Speaker of the House of Delegates.