HARRY HUGHES, Governor

3555

Department]. [The Department may not issue a permit until
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 days 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 permitted
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] SUCH A permit
[then] ISSUED UNDER ARTICLE 43 shall be considered a permit
under this section and subject to the fee and all other
provisions of this section.

(j) Same—Fees; notice and hearing; term; denial;
renewal. — 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 OF HEALTH AND MENTAL HYGIENE shall
determine a permit fee on the basis of:

(1)  The 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 designated hazardous substances.

The Department OF HEALTH AND MENTAL HYGIENE 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.

(k) Same—Conditions. -- As a condition to the
issuance of a permit, the Department OF HEALTH AND MENTAL
HYGIENE may require a permit holder to: