WILLIAM DONALD SCHAEFER, Governor                            Ch. 612

(2) THE DEPARTMENT FINDS THAT THE APPLICANT HAS FULLY
EVALUATED ALL REASONABLE ALTERNATIVE METHODS FOR TREATMENT OR
DISPOSAL INCLUDING TRANSPORT TO A LESS POPULATED DISPOSAL SITE IN ORDER
TO CREATE LESS RISK OF RELEASE OR HARM TO THE GENERAL PUBLIC OR THE

ENVIRONMENT; AND

(3) THE LOCAL GOVERNING BODY OF EACH COUNTY AND MUNICIPAL
CORPORATION INCLUDED IN THE WORST-CASE RELEASE HAS A REASONABLE
OPPORTUNITY TO REVIEW AND PROVIDE COMMENT ON THE FACILITY PERMIT
APPLICATION AND THE EMERGENCY PREPAREDNESS PLAN UNDER PARAGRAPH
(1)(V) OF THIS SUBSECTION.

7-239.4.

(A) THE DEPARTMENT SHALL REQUIRE AS CONDITIONS OF OPERATION OF A
CONTROLLED HAZARDOUS SUBSTANCE FACILITY TO BE USED FOR THE
TREATMENT BY INCINERATION OF A CHEMICAL WARFARE MATERIAL THAT:

(1) TREATMENT BY INCINERATION BE MONITORED ON A CONTINUOUS
BASIS;

(2) MONITORING DATA BE REGULARLY REVIEWED BY A QUALIFIED
INDEPENDENT THIRD PARTY SELECTED BY THE DEPARTMENT; AND

(3) MONITORING DATA AND REVIEWS BE REPORTED TO THE
DEPARTMENT IN THE MANNER AND FREQUENCY DETERMINED APPROPRIATE BY
THE DEPARTMENT.

(B) ANY PERMIT ISSUED UNDER THIS SECTION SHALL BE FOR A QUANTITY
THAT IS SPECIFICALLY IDENTIFIED AND:

(1) MAY BE RENEWED FOR GOOD CAUSE AS TO THE LENGTH OF TIME
FOR COMPLETION OF THE INCINERATION AUTHORIZED UNDER THE PERMIT; BUT

(2) MAY NOT BE MODIFIED AS TO THE AMOUNT OF CONTROLLED
HAZARDOUS SUBSTANCE TO BE DESTROYED.

(C) AFTER DESTRUCTION OF THE SPECIFIC QUANTITY OF THE CONTROLLED
HAZARDOUS SUBSTANCE ALLOWED BY THE TERMS OF THE PERMIT ISSUED UNDER
THIS SECTION, THE INCINERATOR SHALL BE DISASSEMBLED AND DISPOSED OF IN
ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE PERFORMANCE
STANDARDS AND IN A TIME PERIOD ESTABLISHED BY THE PERMIT.

(D) IN ADDITION TO THE FACILITY PERMIT FEE REQUIRED UNDER § 7-237 OF
THIS SUBTITLE, THE APPLICANT SHALL PAY THE COMPENSATION OF AN
INDEPENDENT THIRD PARTY WITH WHOM THE DEPARTMENT MAY CONTRACT FOR
THE REVIEW OF APPLICATION MATERIALS AND MONITORING DATA.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

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