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Session Laws, 1982
Volume 742, Page 4310   View pdf image
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4310                                  LAWS OF MARYLAND                                Ch. 785

all environmental, health, and safety restrictions that may
be imposed by State regulatory agencies under applicable law
and regulation.

(d) (1) The issuance of a certificate of public
necessity for a site exempts the site, the design,
construction, and operation of the facilities on the site,
and the transportation of hazardous or low-level nuclear
waste to and from the facilities on the site from any
regulation, policy, law, or ordinance, including zoning, of
any political subdivision of this State, and from any State
law or regulation that requires approval of any political
subdivision of this State.

(2) THE BOARD MAY NOT ISSUE A CERTIFICATE OF

PUBLIC NECESSITY FOR ANY HAZARDOUS WASTE LANDFILL IN

OPERATION ON OR BEFORE JULY 1, 1980, WHICH WAS PERMITTED OR
AUTHORIZED TO DISPOSE OF WASTES FROM THE GENERAL INDUSTRIAL
COMMUNITY.

(2) THE BOARD MAY NOT ISSUE A CERTIFICATE OF
PUBLIC NECESSITY FOR THE PURPOSE OF EXTENDING OR EXPANDING
ANY HAZARDOUS WASTE LANDFILL IN OPERATION ON OR BEFORE JULY
1, 1980 THAT WAS PERMITTED BY THIS STATE UNDER TITLE 7,
SUBTITLE 2 AND § 9-210 OF THE HEALTH - ENVIRONMENTAL
ARTICLE.
(3) (I) IN PARAGRAPH (2) OF THIS SUBSECTION, THE
FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(II) "EXTENDING" INCLUDES ANY PROPOSED
DISPOSAL CAPACITY TO BE ESTABLISHED BY THE LATERAL
DEVELOPMENT OF THE LANDFILL FACILITY OR SITE OR OF ANY
NONCONTIGUOUS ACREAGE WITHIN ONE-HALF MILE FROM THE
PERIMETER OF THE LANDFILL SITE BOUNDARY.

(III) "EXPANDING" INCLUDES ANY PROPOSED
DISPOSAL CAPACITY TO BE ESTABLISHED BY A MATERIAL ALTERATION
OF THE LANDFILL FACILITY OR SITE THROUGH AN INCREASE IN THE
HEIGHT OF ANY LANDFILL CELL OR OTHERWISE.

(e) The issuance of a certificate does not require the
approval of any county or municipal council, board,
authority, or unit. Any plan for management of liquid,
solid, hazardous, or low-level nuclear waste adopted by any
subdivision of the State shall be consistent with the terms
of the certificate.

(f) The certificate shall contain a statement of the
purpose for which it is issued and a description of the site
and proposed facility, and shall indicate the locations on
the site of all facilities, all buffer and security areas,
and all areas to be used for appurtenant functions.

(g) A certificate is valid only for the site and
facility for which it is issued.

 

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Session Laws, 1982
Volume 742, Page 4310   View pdf image
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