HARRY HUGHES, Governor

3681

(2) (I) BEFORE ISSUING A PERMIT FOR THE LAND
APPLICATION OF SLUDGE TO OTHER THAN MARGINAL LAND, THE DEPARTMENT
SHALL MAIL A COPY OF THE APPLICATION TO THE COUNTY HEALTH OFFICER
LOCAL HEALTH OFFICIAL, THE CHAIRMAN OF THE COUNTY LEGISLATIVE
BODY, AND THE ELECTED EXECUTIVE, IF ANY, OF THE RESPECTIVE
POLITICAL SUBDIVISION COUNTY AND MUNICIPALITY IN WHICH THE
APPLICATION OF SLUDGE WOULD OCCUR.

(II)  WITHIN 10 DAYS OF RECEIPT OF THE
APPLICATION, THE EXECUTIVE OR LEGISLATIVE BODY OF THE POLITICAL
SUBDIVISION COUNTY AND OR MUNICIPALITY MAY REQUEST A PUBLIC
INFORMATION MEETING.

(III)  THE DEPARTMENT SHALL CONDUCT A PUBLIC
INFORMATION MEETING IN THE AFFECTED SUBDIVISION.

(IV)  THE DEPARTMENT MAY CONSOLIDATE PUBLIC
INFORMATIONAL MEETINGS WITHIN A COUNTY FOR MORE THAN 1 PERMIT.

(V) THE APPLICANT FOR THE PERMIT SHALL BE
NOTIFIED AND BE GIVEN THE OPPORTUNITY TO PRESENT INFORMATION AT
THE PUBLIC INFORMATIONAL MEETING.

(C) (1) THERE IS A STATE SEWAGE SLUDGE UTILIZATION FUND.

(2)  ALL UTILIZER PERMIT FEES GENERATOR LICENSE FEES,
PERMIT APPLICATION FEES, AND FUNDS COLLECTED BY THE DEPARTMENT
UNDER THIS SECTION, INCLUDING ANY PENALTY OR ANY FINE IMPOSED BY
A COURT UNDER THE PROVISIONS OF THIS SECTION, SHALL BE CREDITED
TO THE SEWAGE SLUDGE UTILIZATION FUND.

(3) THE SEWAGE SLUDGE UTILIZATION FUND IS LIMITED TO
A MAXIMUM OF $400,000, 25 PERCENT OF WHICH SHALL BE SET ASIDE FOR
EMERGENCY REMOVAL OF SEWAGE SLUDGE OR MITIGATION OF ANY ADVERSE
ENVIRONMENTAL EFFECT.

(4) WHENEVER THE COMBINATION OF UNALLOCATED FUNDS IN
THE SEWAGE SLUDGE UTILIZATION FUND AND THE PROJECTED GENERATOR
FEES FOR THE NEXT FISCAL YEAR EXCEED $400,000, THE GENERATOR FEES
FOR THAT FISCAL YEAR SHALL BE ADJUSTED ON A PRO RATA BASIS SO
THAT THE COMBINATION OF UNALLOCATED FUNDS AND GENERATOR FEES
SHALL NOT EXCEED $400,000.

(5) THE SEWAGE SLUDGE UTILIZATION FUNDS SHALL BE USED
FOR:

(I) EMERGENCY REMOVAL OF SEWAGE SLUDGE OR
MITIGATION OF THE EFFECT OF ANY SEWAGE SLUDGE UTILIZATION THAT
THE DEPARTMENT DETERMINES:

1.  ENDANGERS THE PUBLIC HEALTH, SAFETY,
OR WELFARE; OR

2.  ENDANGERS OR DAMAGES NATURAL
RESOURCES; AND