HARRY HUGHES, Governor

2769

Charles and St. Mary's Counties -
Permit for the Entrenching, Storage, or
Transportation of Sludge

FOR the purpose of providing that, in Charles and St. Mary's

counties, the Department of Health and Mental Hygiene

may not issue a permit for the entrenching, storage, or

transportation of certain sludge until certain

prerequisites are met.

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 394A

Annotated Code of Maryland

(1980 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

394A.

(A) 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 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