one member. Of the remaining four members, two
must be from the scientific community, one of
whom is a geologist, and two must be members
of the general public, one of whom has a demon-
strated record of involvement in environmental
matters. The Board represents the various geo-
graphical regions of the State. No two members
may be from the same county (Code Natural Re-
sources Article, secs. 3-701 through 3-713).

Local resistance to new hazardous waste treat-
ment plants or landfills has made it impossible to
locate needed facilities in most areas of the U.S.
This resistance stems from legitimate public con-
cern over past mismanagement. Without adequate
facilities, however, the risk of improper disposal
puts the public health and environment at risk,
and the cost and difficulty of disposal puts a
hardship on industry. The 1980 General Assem-
bly created the Hazardous Waste Facilities Siting
Board as a means of establishing properly
designed and regulated hazardous waste facilities
in Maryland.

The Board is an alternative to local approval of
hazardous waste facilities. If the Board issues a
Certificate of Public Necessity for a facility
(which it may do only after careful study of envi-
ronmental and community impact), local zoning
and regulation no longer apply.

The Board does not seek out sites. It reviews
applications for Certificates submitted by public
or private developers. If a developer can gain lo-
cal approval, he is not required to seek a Certifi-
cate from the Board. All facilities must also ob-
tain a facility permit from the Department of
Health and Mental Hygiene, as well as other re-
quired State or federal permits.

By law, the Board must consider the need for a
facility and the suitability of the site before issu-
ing a Certificate.

On November 18, 1981, the Board adopted a
policy on the types and quantities of hazardous
waste requiring treatment and disposal in the
State. The policy spelled out the Board's findings
on types and capacities of facilities needed, and
on conditions which might be imposed in a Cer-
tificate. This policy is intended to inform the pub-
lic and provide guidance to potential applicants.

The Board must judge the environmental and
community impact of a facility before issuing a
Certificate. The law requires the Board to consid-
er the suitability of the site based on 1) safe-
guards to public health, safety, and the environ-
ment; 2) reasonable cost; 3) social values and
reasonable use of land and natural resources; 4)

Independent Agencies/371

alternatives over burial; 5) managing closed sites;
6) equitable geographic distribution of sites; 7) lo-
cal land use preference; and 8) geological stability
and effects on public or private water supplies.

The Siting Board was created to allow needed
facilties to be built and operated, while providing
a means of considering community concerns. The
public can participate at the following points in
the review process:

Completeness Review. Once an application is re-
ceived, the Board and staff must determine
whether it is complete. The determination that all
information needed for adequate review is present
is published in the Maryland Register and publi-
cized throughout the State. This announcement
starts the six-month review period. (This process
can be extended an additional six months by
agreement with the applicant.)

Public Information Meetings. When the an-
nouncement of "application completeness" is
publicized, one or more public information meet-
ings is announced. These meetings are held as
soon as possible after the notice of completeness
and provide a chance for citizens to meet with the
applicant and learn about the proposal.

Initial Public Comment. At the time the notice
of completeness is published, copies of the appli-
cation are distributed to affected governments
and private parties. The public is invited to sub-
mit written information on the application to the
Board during a fifty-day period commencing with
the announcement of completeness. The Board
can extend this deadline.

Final written comment is sought ninety days
before the end of the six-month period.

Requests for an Adjudicator)/ Hearing. Members
of the public particularly affected by the applica-
tion may request an adjudicatory hearing to re-
solve questions of fact in the application. Re-
quests must be made according to Board
regulations, and within fifty days of the date
completeness is announced.

Final Public Comment. Following the adjudica-
tory hearing, the Board seeks formal comment
from affected governments and private parties.

Public Hearings. One or more public hearings
are scheduled sixty days before the end of the six-
month review period. The hearings are held in the
county where the proposed site is located. The
Board seeks advice and comment from the public
on the suitability of the site and on any issues of
policy it identifies as being present in the applica-
tion. Policy issue is stated in the public notice of
the hearing(s).