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1614
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Ch. 515
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LAWS OF MARYLAND
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(A) IN VIOLATION OF THE CONSTITUTION OF THE
UNITED STATES;
(B) IN EXCESS OF THE AUTHORITY GRANTED TO THE
COMMISSION BY THIS COMPACT;
(C) MADE UPON UNLAWFUL PROCEDURE TO THE
DETRIMENT OF ANY PERSON;
(D) ARBITRARY OR CAPRICIOUS OR CHARACTERIZED BY
ABUSE OF DISCRETION OR CLEARLY UNWARRANTED EXERCISE OF
DISCRETION.
4. THE COMMISSION SHALL BE DEEMED TO BE ACTING IN A
LEGISLATIVE CAPACITY EXCEPT IN THOSE INSTANCES WHERE IT DECIDES,
PURSUANT TO ITS RULES AND REGULATIONS, THAT ITS DETERMINATIONS
ARE ADJUDICATORY IN NATURE.
7-305.
ARTICLE V.
HOST STATE SELECTION AND DEVELOPMENT AND
OPERATION OF REGIONAL FACILITIES
A. THE COMMISSION SHALL DEVELOP, ADOPT, MAINTAIN AND
IMPLEMENT A REGIONAL MANAGEMENT PLAN TO ENSURE THE SAFE AND
EFFICIENT MANAGEMENT OF WASTE WITHIN THE REGION. THE PLAN SHALL
INCLUDE THE FOLLOWING:
1. A CURRENT INVENTORY OF ALL GENERATORS WITHIN THE
REGION;
2. A CURRENT INVENTORY OF ALL FACILITIES WITHIN THE
REGION, INCLUDING INFORMATION ON THE SIZE, CAPACITY, LOCATION,
SPECIFIC WASTE BEING HANDLED, AND PROJECTED USEFUL LIFE OF EACH
FACILITY;
3. CONSISTENT WITH CONSIDERATIONS FOR PUBLIC HEALTH
AND SAFETY, AS DEFINED BY APPROPRIATE REGULATORY AUTHORITIES, A
DETERMINATION OF THE TYPE AND NUMBER OF REGIONAL FACILITIES WHICH
ARE PRESENTLY NECESSARY AND PROJECTED TO BE NECESSARY TO MANAGE
WASTE GENERATED WITHIN THE REGION;
4. REFERENCE GUIDELINES, AS DEFINED BY APPROPRIATE
REGULATORY AUTHORITIES, FOR THE PARTY STATES FOR ESTABLISHING THE
CRITERIA AND PROCEDURES TO EVALUATE LOCATIONS FOR REGIONAL
FACILITIES.
B. THE COMMISSION SHALL DEVELOP AND ADOPT CRITERIA AND
PROCEDURES FOR REVIEWING A PARTY STATE WHICH VOLUNTEERS TO HOST A
REGIONAL FACILITY WITHIN ITS BORDERS. THESE CRITERIA SHALL BE
DEVELOPED WITH PUBLIC NOTICE AND SHALL INCLUDE THE FOLLOWING
FACTORS: THE CAPABILITY OF THE VOLUNTEERING PARTY STATE TO HOST
A REGIONAL FACILITY IN A TIMELY MANNER AND TO ENSURE ITS
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