WILLIAM DONALD SCHAEFER, Governor

Ch. 612

(1)  THE SEWAGE SLUDGE COMPOSTING FACILITY MEETS ALL
ZONING AND LAND USE REQUIREMENTS OF THE COUNTY WHERE THE SEWAGE
SLUDGE COMPOSTING FACILITY IS TO BE LOCATED; AND

(2)  THE DEPARTMENT HAS A WRITTEN STATEMENT THAT THE
BOARD OF COUNTY COMMISSIONERS OR THE COUNTY COUNCIL OF THE COUNTY
WHERE THE SEWAGE SLUDGE COMPOSTING FACILITY IS TO BE LOCATED DOES
NOT OPPOSE THE ISSUANCE OF THE PERMIT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former HE §
9-212(a)(4), as that paragraph applied to sewage
sludge composting facilities.

The General Assembly may wish to consider clarifying
or deleting this section. The Washington Suburban
Sanitary Commission argues that Chapter 408 of 1986,
which inserted the words "the installation or material
alteration or extension of" in former HE § 9-212(a)(l)
and (4), was meant to be restricted in its application
to the installation, material alteration, and material
extension of landfills only. The legislative history
of Chapter 408 of 1986 is not clear on this intent,
but the law clearly and unambiguously applies to both
landfills and sewage sludge composting facilities.
The Department is neutral and takes no position on
this issue.

9-234. NOTICES, HEARINGS, AND PUBLIC INFORMATION MEETINGS
REQUIRED.

(A)  NOTICE OF PERMIT APPLICATION — IN GENERAL.

WHEN THE DEPARTMENT RECEIVES AN APPLICATION FOR A PERMIT TO
UTILIZE SEWAGE SLUDGE AT A SITE, THE DEPARTMENT IMMEDIATELY SHALL
MAIL A COPY OF THE PERMIT APPLICATION:

(1)  TO THE COUNTY AND TO ANY MUNICIPAL CORPORATION
WHERE THE SEWAGE SLUDGE UTILIZATION SITE IS TO BE LOCATED; AND

(2)  TO ANY OTHER COUNTY WITHIN 1 MILE OF THE SEWAGE
SLUDGE UTILIZATION SITE.

(B)  APPLICATION OF SEWAGE SLUDGE ON MARGINAL LAND;
CONSTRUCTION OF PERMANENT FACILITY — ADDITIONAL NOTICE OF
APPLICATION.

WHEN THE DEPARTMENT RECEIVES AN APPLICATION FOR A PERMIT TO
APPLY SEWAGE SLUDGE ON MARGINAL LAND OR TO CONSTRUCT A PERMANENT
FACILITY THAT IS DESIGNED PRIMARILY FOR UTILIZATION TO UTILIZE
SEWAGE SLUDGE, THE DEPARTMENT SHALL:

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