THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SUBTITLE..

7-239.3.

(A)     A CHEMICAL WARFARE MATERIAL THAT IS A SOLID WASTE IS A
CONTROLLED HAZARDOUS SUBSTANCE.

(B)      IN ADDITION TO ANY OTHER APPLICABLE REQUIREMENTS, THE
DEPARTMENT MAY NOT ISSUE A PERMIT FOR THE CONSTRUCTION, MATERIAL
ALTERATION, OR OPERATION OF A CONTROLLED. HAZARDOUS SUBSTANCE
FACILITY TO BE USED FOR THE TREATMENT BY INCINERATION OF A CHEMICAL
WARFARE MATERIAL UNLESS:

(1) THE PERMIT APPLICANT DEMONSTRATES TO THE SATISFACTION OF
THE DEPARTMENT PRIOR TO ISSUANCE OF A CONTROLLED HAZARDOUS
SUBSTANCE FACILITY PERMIT:                                                                                 

          (I) THAT THE PROPOSED INCINERATOR TECHNOLOGY HAS

CONSISTENTLY MET ALL APPLICABLE FEDERAL AND STATE PERFORMANCE
STANDARDS IN AN OPERATIONAL FACILITY COMPARABLE TO THE PROPOSED
FACILITY FOR A PERIOD OF TIME AND UNDER CONDITIONS ACCEPTABLE TO THE
DEPARTMENT:

(II) THAT EMISSIONS AND MONITORING DATA FROM A
COMPARABLE FACILITY DEMONSTRATE COMPLIANCE WITH STATE TOXIC AIR
POLLUTANT STANDARDS ESTABLISHED UNDER TITLE 2 OF THIS ARTICLE;

(III)    THAT A DESTRUCTION AND REMOVAL EFFICIENCY OF 99.9999
PERCENT IS ACHIEVABLE FOR EACH CHEMICAL WARFARE MATERIAL TO BE
INCINERATED AT THE FACILITY;

(IV)    THAT THE APPLICANT HAS MADE ADEQUATE PROVISION TO
SUPPORT AND FUND THE DEVELOPMENT OF A PLAN THAT DEMONSTRATES THE
CAPABILITY OF REMOVING, SHELTERING, AND PROTECTING PERSONS FROM THE
LARGEST AREA AT RISK FROM A WORST-CASE RELEASE, AS DEFINED BY THE
DEPARTMENT;

(V)     THAT AN EMERGENCY PREPAREDNESS PLAN HAS BEEN
DEVELOPED WITH ADEQUATE PUBLIC PARTICIPATION THAT PROVIDES TRAINING,
COORDINATION, AND EQUIPMENT NECESSARY FOR STATE AND LOCAL EMERGENCY
RESPONSE PERSONNEL AND COMMUNITY MEMBERS TO RESPOND TO A RELEASE OF
A CHEMICAL WARFARE MATERIAL FROM THE PROPOSED FACILITY; AND

(VI) THAT THE EMERGENCY PREPAREDNESS PLAN HAS BEEN
PRESENTED AT PUBLIC MEETINGS IN EACH COUNTY POTENTIALLY IMPACTED BY A
WORST-CASE RELEASE;                                                                                                       

- 3018 -

1993 LAWS OF MARYLAND

Ch. 612

7-406.