WILLIAM DONALD SCHAEFER, Governor                    Ch. 296

CHAPTER 296

(Senate Bill 602)

AN ACT concerning

Incinerators - Permits - Hearings

FOR the purpose of requiring the Department of Health and Mental
Hygiene to issue permits to construct incinerators that burn
solid waste; requiring the Department of Health and Mental
Hygiene to give certain notice and to provide a certain
hearing before issuing certain permits a permit for an
incinerator for public use that burns solid waste; and
generally relating to issuance of permits and hearings
concerning incinerators for public use.

BY adding to repealing an reenacting, with amendments,

Article - Health - Environmental
Section 2-404.1 9-209
Annotated Code of Maryland
(1982 Volume and 1986 Supplement)

(As enacted by Chapter_______(S.B. 323) of the

Acts of the General Assembly of 1987)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - Environmental

2-404.1.

(A) THE DEPARTMENT SHALL REQUIRE A PERSON TO OBTAIN A
PERMIT TO CONSTRUCT AN INCINERATOR THAT BURNS SOLID WASTE.

(B) BEFORE ISSUING A PERMIT TO CONSTRUCT AN INCINERATOR
THAT BURNS SOLID WASTE, THE DEPARTMENT SHALL:

(1) GIVE PUBLIC NOTICE OF THE INTENDED ISSUANCE OF
THE PERMIT; AND

(2) PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING IN
THE COUNTY IN WHICH THE PROPOSED SOURCE WILL BE LOCATED.

9-209.

(a) Before the Department issues a permit to an applicant
under § 9-204 of this subtitle to install, materially alter, or
materially extend a landfill system, OR AN INCINERATOR FOR PUBLIC
USE TO BURN SOLID WASTE, the Department shall hold a public
hearing on the application.

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