HARRY HUGHES, Governor                              2183

REVISOR'S NOTE: Subsection (a) of this section formerly
appeared as Article 43, § 394 l/2(b).

Subsection (b) of this section formerly appeared
as Article 43, § 394 1/2(a).

The only changes are in style.

9-212. HEARING ON REQUEST FOR PERMIT FOR LANDFILL REFUSE
DISPOSAL SYSTEM OR SLUDGE COMPOSTING FACILITY; PREREQUISITES
TO ISSUANCE OF PERMIT.

(A)  HEARING REQUIRED.

(1) BEFORE ISSUING A PERMIT FOR A LANDFILL

REFUSE DISPOSAL SYSTEM OR SLUDGE COMPOSTING FACILITY UNDER §
9-210 OF THIS SUBTITLE, THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE SHALL SET A DAY FOR A PUBLIC HEARING ON THE REQUEST.

(2) THE APPLICANT SHALL GIVE NOTICE TO THE
PUBLIC OF THE APPLICATION AND OF THE HEARING, BY PUBLICATION
ONCE A WEEK FOR 2 SUCCESSIVE WEEKS PRIOR TO THE HEARING, IN
A REGULARLY PUBLISHED NEWSPAPER OF GENERAL CIRCULATION IN
ANY CITY OR COUNTY THAT 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.

(3) 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.

(4) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
MAY 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.

(B)  SECTION NOT APPLICABLE TO CERTAIN PERMITS.

THE PROVISIONS OF THIS SECTION RELATING TO SLUDGE
COMPOSTING FACILITIES DO NOT APPLY TO SITES WITH PERMITS
PENDING WITH THE DEPARTMENT BEFORE JUNE 1, 1979.