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Statutes Text

Article - Environment


    (a)    Permits issued by the Department under the following sections shall be issued in accordance with this subtitle:

        (1)    Air quality control permits to construct subject to § 2–404 of this article;

        (2)    Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;

        (3)    Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article;

        (4)    Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article;

        (5)    Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article;

        (6)    Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article; and

        (7)    Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article.

    (b)    For permits listed under subsection (a) of this section, a contested case hearing may not occur.

    (c)    A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that:

        (1)    Meets the threshold standing requirements under federal law; and

        (2)    (i)    Is the applicant; or

            (ii)    Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

    (d)    (1)    Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that:

            (i)    The objections were not reasonably ascertainable during the comment period; or

            (ii)    Grounds for the objections arose after the comment period.

        (2)    The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.

    (e)    (1)    Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.

        (2)    The decision of the circuit court may be appealed to the Court of Special Appeals.

    (f)    (1)    When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings.

        (2)    The Department shall hold public informational meetings and public hearings at a location in the political subdivision and in close proximity to the location where the individual permit applies.

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