HARRY HUGHES, Governor

4309

Article 43 - Health

Article - Health - Environmental

394.9-210.

(E) (F) THE SECRETARY OF HEALTH AND MENTAL HYGIENE MAY
NOT ISSUE A PERMIT UNDER THE PROVISIONS OF THIS SECTION FOR
ANY PROPOSED LANDFILL SYSTEM OF REFUSE DISPOSAL FOR
HAZARDOUS WASTES WHEN THE PROPOSED LANDFILL SYSTEM IS WITHIN
1.5 MILES OF ANY SCHOOL. IF THE PROPOSED LANDFILL SYSTEM
WOULD NOT QUALIFY FOR A CERTIFICATE OF PUBLIC NECESSITY
UNDER § 3-705(D)(2) OF THE NATURAL RESOURCES ARTICLE.

SECTION 2. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland read(s) as follows:

Article - Natural Resources

3-705.

(a) (1) Subject to the provisions of this subtitle,
the Board shall issue certificates of public necessity:

(i) For the siting of hazardous waste
facilities; and

(ii) For the siting of low-level nuclear
waste facilities.

(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