Ch. 739

1994 LAWS OF MARYLAND

7-505.

(d) Procedures for review of an application shall be as follows:

(1) NOTWITHSTANDING ANY PROVISION OF THE STATE GOVERNMENT
ARTICLE, PUBLIC NOTICE ON PENDING APPLICATIONS PROVIDED IN ACCORDANCE
WITH THE PROVISIONS OF THIS SUBTITLE SHALL BE THE ONLY NOTICE REQUIRED
BY LAW.

[(1)](2) (i) Except as provided in subparagraph (iii) of this paragraph,
upon receipt of a complete application for a permit or permit revision the Department
shall require the applicant to publish an approved advertisement of the application
submitted under subsection (c) of this section.

                (ii) The public notice required in subparagraph (i) of this paragraph
shall be published at least once a week for 4 successive weeks in a newspaper of general
circulation in the county of the proposed mining operation.

(iii) The public notice required in subparagraph (i) of this paragraph
may not be required for an application for permit revision that does not propose
significant alterations in a permit in accordance with the Department's regulations.

[(2)](3) The Department shall provide written notice of applications for
permits or permit revisions to any interested person who requests written notice.

[(3)] (4) If a public informational hearing is requested, the Department
shall notify the applicant and any person who requests the hearing of the date, time, and
location of the hearing and shall publish the date, time, and location of the hearing in a
newspaper of general circulation in the area of the proposed operation. The Department
shall hold a public informational hearing on the application. A record of the hearing shall
be made and shall be available to the public.

[(4)] (5) Any public informational hearing shall be at least 15 but not more
than 60 days after the Department provides public notice of the hearing. Members of the
public shall be provided an opportunity to comment on the application in writing until the
date of any hearing and copies of the application shall be available for public inspection
at the Department 15 days before any hearing.

[(5)] (6) The Department shall review all aspects of the application,
including information pertaining to any other permit required from the Department for
the proposed strip mining operation.

[(6)](7) Upon completion of the review required by paragraph [(5) of this
section] (6) OF THIS SUBSECTION, the Department shall grant, require modification of,
or deny the application for a permit and notify the applicant and any participant to a
public informational hearing, in writing, of its decision. The applicant for a permit shall
have the burden of establishing that the application is in compliance with all of the
requirements of this subtitle and the rules and regulations issued under this subtitle.

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