Ch. 224

1997 LAWS OF MARYLAND

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

Article - Environment

9-211.

(a) (1) Except FOR A SANITARY LANDFILL THAT IS SUBJECT TO § 9-211.1 OF
THIS SUBTITLE, AND as provided in paragraph (2) of this subsection, before the
Secretary issues a permit for a landfill, incinerator, or transfer station to any private
person, the applicant for the permit shall:

(i) File with the Department a bond on the form that the Department

provides; or

(ii) Deposit with the governing body of the local jurisdiction where the
landfill, incinerator, or transfer station will be located cash, negotiable bonds of the
federal government or this State, or any other security that the Department approves.

(2) The Secretary may adopt regulations to exempt any legitimate recycling
or reclamation facility from the requirements of this section.

9-211.1.

(A) (1) THE DEPARTMENT SHALL ADOPT REGULATIONS GOVERNING
FINANCIAL ASSURANCE FOR SANITARY LANDFILLS THAT ACCEPT MUNICIPAL SOLID
WASTE AND LANDFILLS THAT ACCEPT RUBBLE.

(2) FOR MUNICIPAL SOLID WASTE LANDFILLS, THE REGULATIONS
SHALL BE CONSISTENT WITH AND MAY NOT EXCEED THE REQUIREMENTS OF
FEDERAL REGULATIONS GOVERNING FINANCIAL ASSURANCE (40 C.F.R. SECTION
258.70 THROUGH 258.74).

(3) A REGULATION ADOPTED UNDER THIS SECTION WHICH IS
APPLICABLE TO MUNICIPAL SOLID WASTE LANDFILLS MAY NOT TAKE EFFECT UNTIL
AFTER THE EFFECTIVE DATE OF FEDERAL REGULATIONS GOVERNING FINANCIAL
ASSURANCE ADOPTED PURSUANT TO 40 C.F.R. SECTION 258.70 THROUGH 258.74 AND
SHALL CEASE TO BE EFFECTIVE WHENEVER THOSE FEDERAL REGULATIONS ARE
SUSPENDED OR REPEALED.

(B) BEFORE THE SECRETARY ISSUES A PERMIT FOR A SANITARY LANDFILL,
THE APPLICANT FOR THE PERMIT SHALL PROVIDE PROOF OF FINANCIAL
ASSURANCE IN ACCORDANCE WITH THE REGULATIONS ADOPTED BY THE
DEPARTMENT UNDER THIS SECTION.

(C) UNTIL THE REGULATIONS ADOPTED BY THE DEPARTMENT UNDER
SUBSECTION (A) OF THIS SECTION ARE EFFECTIVE, OR IF THOSE REGULATIONS
CEASE TO BE EFFECTIVE, SANITARY LANDFILLS THAT ACCEPT MUNICIPAL SOLID
WASTE AND LANDFILLS THAT ACCEPT RUBBLE SHALL COMPLY WITH THE
REQUIREMENTS OF § 9-211 OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 1997.

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