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14.14.03.00.htm 14.14.03.00. Title 14 INDEPENDENT AGENCIES Subtitle 14 HAZARDOUS WASTE FACILITIES SITING BOARD Chapter 03 Procedure for Application, Evaluation, and Issuance of Certificates Authority: Natural Resources Article,3-704; Article 41,248; Article 76A, ยง2(a) Annotated Code of Maryland
14.14.03.01.htm 14.14.03.01. 01 Application Procedure.. A. Before submission of an application, a potential applicant may be requested to:. 1) Attend a preliminary conference with the Secretary to obtain information concerning the Board's procedures, guidelines, policies, and scheduling regarding submission of applications; and2) Have first applied for any regulatory permits required and to have progressed at least through evaluation of preliminary design concepts in pursuit of these permits.
14.14.03.02.htm 14.14.03.02. 02 Content of Application.. A. Applicant's Burden of Production. An applicant shall have the burden of setting forth in the application the information described in this regulation and all other factual, technical, or expert information which the applicant wishes the Board to consider in acting on the application. In addition, an applicant shall have the burden of setting forth in the application each inference or conclusion which the applicant is asking the Board to make i
14.14.03.03.htm 14.14.03.03. 03 Procedure for Issuing Certificate.. A. The notice required by Regulation .01D(7) announcing that a completed application has been received shall contain a brief description of the applicant, site, and facility. It shall also indicate the date, time, and place of the information meeting between the applicant and interested members of the general public. It shall also indicate the possibility of a pre-hearing conference or further procedures as outlined in Re
14.14.03.04.htm 14.14.03.04. 04 Procedure for Adjudicatory Hearing on an Application.. A. Definitions.. 1) "Adjudicative fact" means facts which involve a particular party or facility and have no general applicability-for example, the types and quantities of pollutant emissions which one facility will have.2) "Adjudicatory hearing" means a contested case hearing conducted pursuant to the relevant provisions of the Act and the Administrative Procedure Act.3) "Requester" means the person requesting an adju
14.14.03.05.htm 14.14.03.05. 05 Procedure for Public Hearing on an Application.. A. After completion of the factual record for each application being considered, the Board shall schedule a public hearing. The hearing shall be held in the county in which the proposed site is located. If the proposed site is located in two or more counties, the hearing will be held at a location reasonably convenient and accessible to the citizens of all these counties.B. Notice.. 1) Notice will be given by:.
14.14.03.06.htm 14.14.03.06. 06 Decision to Issue or Deny a Certificate.. After consideration of information submitted as part of the application, findings of fact determined at any adjudicatory hearing or otherwise, the advice and comments of interested persons, and other relevant information, the Board shall announce its decision to grant or deny a certificate. The Board shall promptly notify by certified mail, the applicant, other parties to any adjudicatory hearings, and the chief executive
14.14.03.07.htm 14.14.03.07. 07 Form, Terms, and Conditions of Certificate.. A. The certificate shall state the following:. 1) A statement in large print that it is a Certificate of Public Necessity;. 2) A citation to the statutory authority for issuance;. 3) The signatures of the Chairman and the Secretary;. 4) The effective date and, when appropriate, a renewal date;. 5) The purpose for which the certificate is issued;. 6) A description of the site and proposed facility;. 7) All terms and conditions;.
14.14.03.9999.htm 14.14.03.9999. Administrative History Effective date: May 29, 1981 (8:11 Md. R. 976). Regulation .01C and D amended effective December 7, 1981 (8:24 Md. R. 1937). Regulation .01C amended effective September 26, 1983 (10:19 Md. R. 1691). Regulation .02 amended effective November 8, 1982 (9:22 Md. R. 2198).
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