2254

LAWS OF MARYLAND

Ch. 550

[(9)] (10) That there is due consideration for
local land use preference, as expressed in local planning
and zoning provisions; and

[(10)] (11) That where after due consideration
for the geological stability of a location and any possible
effects to a public or private water supply become known,
the facility site may not be used.

3-703.

(a) There is a Hazardous AND LOW LEVEL NUCLEAR Waste
Facilities Siting Board.

3-705.

(a) (1) [The] SUBJECT TO THE PROVISIONS OF THIS
SUBTITLE, THE Board shall issue certificates of public
necessity:

(I)   [for] FOR the siting of hazardous
waste facilities; AND

(II)  FOR THE SITING OF LOW-LEVEL NUCLEAR
WASTE FACILITIES [pursuant to the provisions of this
subtitle].

(2)  A certificate under this subtitle is not
required if a site and facility are otherwise authorized by
law.

(3)  A certificate is not required for a facility
used for receipt, transfer, recovery, or disposal of
nonhazardous OR NONRADIOACTIVE residential, commercial, or
industrial waste.

(b)  In deciding whether to issue a certificate, the
Board shall consider but not be limited to the following:

(1)  Environmental, social, technical, and

economic factors as they apply to a particular proposed
site; and

(2)  The need for and problems associated with
the comprehensive statewide disposal of hazardous AND
LOW-LEVEL NUCLEAR waste.

(c) The design, construction, and operation of a
facility on a site for which a certificate has been issued,
and the associated transportation of hazardous OR LOW-LEVEL
NUCLEAR waste to and from the facility, shall be subject to
all environmental, health, and safety restrictions that may
be imposed by State regulatory agencies under applicable law
and regulation.

(d) The issuance of a certificate of public necessity
for a site exempts the site, the design, construction, and