HARRY HUGHES, Governor

3521

[State] Department of Health AND MENTAL HYGIENE shall adopt
and from time to time, amend regulations which

(viii) Require the Department, prior to
its decision, to submit the county plan or amendment or
revision of it to: (A) the Department of Natural Resources
which shall advise the Department of matters pertaining to
NATURAL RESOURCES [water allocation, adequacy of industrial
waste treatment and the effect of proposed withdrawals and
waste discharges on waters of the State]; (B) the Department
of State Planning for comments including those concerning
consistency with the local master plan; and (C) the
Department of Agriculture for comment on the impact of water
and sewerage service and solid waste facilities on
productive or potentially productive agricultural land.

394A. Hearing on request for permit for landfill refuse
disposal system or sludge composting facility; prerequisites
to issuance of permit.

Before issuing a permit for a landfill refuse disposal
system or sludge composting facility under § 394, Article 43
of the Annotated Code of Maryland, the State Department of
Health and Mental Hygiene shall set a day for a public
hearing on the request. The applicant shall give notice to
the public of his application and of the hearing, by
publication once in each week for two successive weeks prior
to the hearing, in a regularly published newspaper of
general circulation in any city or county which the
Department of Health and Mental Hygiene determines may be
directly affected by the request. The board of county
commissioners or the county council of the appropriate
county, the mayor or other chief executive official of the
appropriate municipal corporation, AND the [Maryland
Geological Survey, and the Division of Water Resources]
DEPARTMENT OF NATURAL RESOURCES shall be notified by the
applicant by registered or certified mail. The local
officials shall notify all interested agencies of their
political subdivisions. In the public notice of the
application, the date, place and time fixed by the
Department of Health and Mental Hygiene for the public
hearing on the application shall be stated. At the public
hearing the applicant and any other interested person shall
be given an opportunity to present facts, evidence, and
arguments for or against the granting of the application.
The Department of Health and Mental Hygiene shall not issue
a permit for a landfill or sludge composting facility unless
it has complied with all county zoning and land use
requirements of the county in which the proposed landfill or
sludge composting facility is to be located and has an
affirmative statement that the board of county commissioners
or the county council does not oppose the issue of the
permit.