Skip to Main Content
<< Back | Return to Main COMAR Search Page

14 records match your request.

FileAbstract
26.26.01.00.htm 26.26.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 26 COMMUNITY RIGHT-TO-KNOW FUND Chapter 01 Community Right-to-Know Authority: Environment Article, §7-601―7-605, Annotated Code of Maryland
26.26.01.01.htm 26.26.01.01. 01 Scope.. Environment Article, §7-604(c)2) Annotated Code of Maryland, requires the Department to establish a Community Right-to-Know Fund to cover the costs of fulfilling the duties and responsibilities of the federal Community Right-to-Know Act by the Department and the local emergency planning committees (LEPCs) The Department is authorized under the Community Right-to-Know Fund to award annual grants to LEPCs in the State.
26.26.01.02.htm 26.26.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Maryland Community Right-To-Know Fund Act, Environment Article, Title 7, Subtitle 6, Annotated Code of Maryland.2) "Department" means the Department of the Environment. 3) "Extremely hazardous substance (EHS) has the meaning stated in §329(3) of the federal Act and 40 CFR 370 and 372.4) "Facility" means a facility that is subject to the federal Act..
26.26.01.03.htm 26.26.01.03. 03 General Provisions.. A. The Fund is generated by assessing annual fees on facilities that are required to report to the State or its instrumentalities under the Federal Act. The Fund is intended for use by the Department and LEPCs to cover the costs of fulfilling the duties and responsibilities of the federal Act.B. The Department will award grants to LEPCs, by using the Fund allocation requirements set forth in Regulation .08 of this chapter.C. The Department may con
26.26.01.04.htm 26.26.01.04. 04 Fees.. A. The Community Right-to-Know Fund is generated by a combination of:. 1) Annual fees paid by facilities that are required to report to the State Emergency Response Commission or to an LEPC under §312 and 313 of the federal Act;2) Penalties, fines, or both, paid by facilities for violations of the Act; and. 3) Unused LEPC grant monies that have been returned to the Department.. B. Fees shall be calculated as specified below:. 1) The fees shall be a fi
26.26.01.05.htm 26.26.01.05. 05 Exemptions.. A. The following persons and entities are exempt from paying fees:. 1) Government agencies;. 2) Farmers whose principal residence is located on their farm;. 3) Charitable organizations as defined under Business Regulation Article, §6-101(d) Annotated Code of Maryland;4) Petroleum retail facilities, including marinas, with storage capacities of less than 75,000 gallons of gasoline and less than 100,000 gallons of diesel or similar fuel;
26.26.01.06.htm 26.26.01.06. 06 Community Right-To-Know Fund.. The Community Right-to-Know Fund shall be used for:. A. The processing of information submitted to the Department, including collection, management, and analysis of data received by the Department from an owner or operator of a facility required to provide such data under the federal Act, the federal regulations, or this chapter;B. State enforcement of this chapter or the federal Act; and. C. Federally required planning and training activi
26.26.01.07.htm 26.26.01.07. 07 Funding Applicant Requirements.. A. Each local emergency planning committee (LEPC) shall fulfill the requirements of the federal Act to be considered eligible for grant awards from the Fund.B. Each LEPC receiving grant funding under this act shall certify to the Department by January 31 of each year that it has met the requirements under the federal Act. The requirements include, but are not be limited to:1) Appointment of a chairman;.
26.26.01.08.htm 26.26.01.08. 08 Fund Allocation.. A. The Department shall use 50 percent of the money received for processing of information contained in reports submitted to the Department. Information processing includes:1) Activities necessary to inform business and facilities of the submission requirements;. 2) Data management, that includes maintenance and development of manual and electronic file systems;. 3) Information dissemination to local governments;. 4) Compliance activities;.
26.26.01.09.htm 26.26.01.09. 09 Reporting Requirements.. A. General Requirements.. 1) Entities required to provide reports or information as described in §302―313 of the federal Act shall submit the reports as specified to the Department.2) The Department may specify or adopt additional forms or submittal processes, including electronic submittal processes.B. Federal Act §312 Emergency and Hazardous Inventory Reporting.. 1) Owners or operators of facilities subject to §312 of the federal Act sha
26.26.01.10.htm 26.26.01.10. 10 Audit.. A. The Secretary may conduct an independent audit of any LEPC that receives funds under this chapter.B. The Secretary may recover any inappropriate expenditure made by an LEPC that is inconsistent with this chapter.C. The Department shall submit a notice indicating to the LEPC that expenditures reported under Regulation .09D(2) of this chapter were not appropriate.D. Records used in the development and completion of reports submitted under this chapter shall be m
26.26.01.11.htm 26.26.01.11. 11 Administrative Review.. A. An LEPC may request an administrative review within the Department by filing a request for review with the Secretary, if the Department has determined that expenditures of Fund money by the LEPC were inappropriate.B. A request for review shall be filed within 30 days of the date the LEPC is advised of the Department's decision.C. The review proceedings shall be conducted in accordance with State Government Article, §10-201 et seq. Annotated Code of M
26.26.01.12.htm 26.26.01.12. 12 Relationship to Federal Program and Local Ordinances.. A. The federal Act and the federal regulations shall be used to establish procedures for filing required reports with the State and any local governments as required by the federal Act.B. This chapter does not relieve a facility subject to the federal Act of the responsibility for providing reports as required under the federal Act.C. This chapter does not relieve a facility subject to any local ordinances
26.26.01.9999.htm 26.26.01.9999. Administrative History Effective date: March 17, 2003 (30:5 Md. R. 368).
<< Back | Return to Main COMAR Search Page