Ch. 663                                    1997 LAWS OF MARYLAND

Section 9-204(j)

Annotated Code of Maryland

(1996 Replacement Volume and 1996 Supplement)

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

Article - Environment

9-201.

(e) "Refuse disposal system" includes:

(1)     An incinerator;

(2)     A transfer station;

(3)     A landfill system;

(4)     A landfill;

(5)     A solid waste processing facility; and

(6)     Any other solid waste acceptance facility.
9-204.

(d) A person shall have a permit issued by the Secretary under this section before
the person installs, materially alters, or materially extends a water supply system,
sewerage system, or refuse disposal system.

(J) (1) THE SECRETARY MAY NOT ISSUE ANY PERMIT, INCLUDING A
PERMIT UNDER SUBSECTION (D) OF THIS SECTION OR § 7-232 OF THIS ARTICLE, TO
CONSTRUCT OR OPERATE A MUNICIPAL WASTE INCINERATOR FOR DISPOSAL OF A
SOLID WASTE STREAM, AS DEFINED IN § 9-1701 OF THIS TITLE, WITHIN 1 MILE OF A
PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL.

(2)     A PERSON MAY NOT CONSTRUCT OR OPERATE A MUNICIPAL WASTE
INCINERATOR FOR DISPOSAL OF A SOLID WASTE STREAM, AS DEFINED IN § 9-1701 OF
THIS TITLE, WITHIN 1 MILE OF A PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY
SCHOOL

(3)     THIS SUBSECTION MAY NOT BE CONSTRUED TO PROHIBIT:

(I)      THE OPERATION, CONSTRUCTION, RECONSTRUCTION,
REPLACEMENT, EXPANSION, AND MATERIAL ALTERATION OR EXTENSION OF AN
INCINERATOR THAT WAS OPERATING AS A RESOURCE RECOVERY FACILITY ON
JANUARY 1, 1997; OR

(II)    THE ISSUANCE OF PERMITS NECESSARY FOR THE OPERATION,
CONSTRUCTION, RECONSTRUCTION, REPLACEMENT, EXPANSION, AND MATERIAL
ALTERATION OR EXTENSION OF AN INCINERATOR THAT WAS OPERATING ON
JANUARY 1, 1997.

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