1736

LAWS OF MARYLAND

Ch. 618

IT HAS RECEIVED COMMENT FROM THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE ON THE PUBLIC HEALTH ASPECTS OF THE
FACILITY. THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL COMMENT WITHIN 30 PAYS AFTER IT RECEIVES AN
APPLICATION FOR REVIEW. IF ADDITIONAL TIME FOR COMMENT
IS REQUIRED, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL STATE THE REASON FOR THE DELAY AND THE TIME
REQUIRED TO COMPLETE ITS REVIEW. THE DEPARTMENT MAY NOT
ISSUE A SEPARATE PERMIT FOR ANY FACILITIES AS DEFINED
UNDER ARTICLE 43 WHICH ARE PERMIT TED BY THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE. IF THOSE PROVISIONS DEEMED
NECESSARY BY THE DEPARTMENT TO CARRY OUT THE PURPOSES OF
THIS SECTION ARE INCORPORATED INTO THE PERMIT OF THE

DEPARTMENT OF HEALTH AND MENTAL HYGIENE.___THE DEPARTMENT

OF HEALTH AND MENTAL HYGIENE PERMIT THEN SHALL BE
CONSIDERED A PERMIT UNDER THIS SECTION AND SUBJECT TO THE
FEE AND ALL OTHER PROVISIONS OF THIS SECTION.

(J) A PERSON WHO APPLIES FOR A PERMIT SHALL PAY AN
APPLICATION FEE, AND A PERMIT FEE. THE APPLICATION FEE
SHALL BE DESIGNED TO COVER COSTS OF THE PERMITTING
PROCEDURE.

THE DEPARTMENT SHALL DETERMINE A PERMIT FEE ON THE
BASIS OF:

(1)    THE [[POTENTIAL]] THREAT THAT THE
DESIGNATED HAZARDOUS SUBSTANCES MAY PRESENT TO THE
ENVIRONMENT;

(2)    THE ANTICIPATED COSTS OF MONITORING AND
REGULATING THE DISPOSAL FACILITY;

(3)    THE ANTICIPATED COSTS ATTRIBUTABLE TO
THE REMOVING AND PROPERLY DISPOSING OF ALL DESIGNATED
HAZARDOUS SUBSTANCES THAT MAY ESCAPE FROM THE FACILITY;
AND

(4)    ANTICIPATED NEEDS FOR PROGRAM
DEVELOPMENT ACTIVITIES RELATING TO [[THE CONTROL OF]]
DESIGNATED HAZARDOUS SUBSTANCES.

THE DEPARTMENT [[ONLY]] MAY ISSUE A PERMIT FOR NO
LONGER THAN THREE YEARS AND AFTER PUBLIC NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING. THE DEPARTMENT MAY DENY
THE PERMIT APPLICATION IF IT FINDS THAT A FACILITY CANNOT
HANDLE, STORE, OR DISPOSE OF THE DESIGNATED HAZARDOUS
SUBSTANCES WITHOUT IMPOSING AN UNDUE RISK TO THE
ENVIRONMENT. ON APPLICATION, THE DEPARTMENT MAY RENEW A
PERMIT IF IT DETERMINES THAT A PERMIT HOLDER HAS COMPLIED
WITH ALL APPROPRIATE DEPARTMENTAL REGULATIONS INCLUDING
THE PAYMENT OF FEES.

[[(J)]] (K) AS A CONDITION TO THE ISSUANCE OF A
PERMIT, THE DEPARTMENT MAY REQUIRE A PERMIT HOLDER TO:

(1) REPORT PERIODICALLY ON THE VOLUME AND
CHEMICAL, PHYSICAL, AND BIOLOGICAL NATURE OF MATERIAL