Environment (GEN) — Title 7. Hazardous Materials and Hazardous Substances

Has violated any appropriate law, regulation, order, or permit condition;

Has failed to pay to the Department the renewal fee set by the Department; or

Has failed to submit to the Department a renewal application on the form the Department requires.

Any law of the federal government, of this or any other state, or of a local jurisdiction, concerning any hazardous material; or

Any regulation, order, or permit condition of the federal government, of this or any other state, or of any local jurisdiction, concerning any hazardous material.

Guaranteeing fulfillment of all requirements related to the facility permit;

Monitoring, maintaining, or closing the facility; and

Assuring the security of the facility after closing;

Any hazardous substance that the Department identifies as a controlled hazardous substance under this subtitle; or

Low–level nuclear waste.

“Controlled hazardous substance facility” means a disposal structure, system, or geographic area, designated by the Department for treatment, storage related to treatment or disposal, or disposal of controlled hazardous substances.

“Controlled hazardous substance facility” includes:

The addition, introduction, leaking, spilling, or emitting of a pollutant into the waters of this State; or

The placing of a pollutant in a location where the pollutant is likely to pollute.

Defined as a hazardous substance under § 101(14) of the federal act; or

Identified as a controlled hazardous substance by the Department in the Code of Maryland Regulations.

A holder of a mortgage or deed of trust on a site or a security interest in property located on a site; or

A holder of a mortgage or deed of trust who acquires title through foreclosure or deed in lieu of foreclosure.

Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and

Is neither transuranic waste nor high–level nuclear waste.

“Responsible person” means any person who:

“Responsible person” does not include:

A lender taking action to protect or preserve a mortgage or deed of trust or security interest in a property located on a site, who causes or contributes to a release of a hazardous substance shall be liable solely for costs incurred as a result of the release which the lender caused or to which the lender contributed unless the lender was a responsible person prior to taking the action.

Notwithstanding paragraph (2)(ii) of this subsection, a person shall be treated as a responsible person if the person:

A person who owns real property is not considered an owner or operator of a vehicle or site containing a hazardous substance under paragraph (1)(i) of this subsection solely by reason of contamination from a contiguous or otherwise similarly situated real property if:

“Solid waste” means any:

“Solid waste” does not include:

Recovery possibilities have been considered; and

The controlled hazardous substance cannot be reasonably treated further to reduce the volume of or the hazard that the controlled hazardous substance poses to the environment.

Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions;

Issue, modify, or revoke orders and permits that prohibit the discharge of pollutants into the waters of this State or that require construction, modification, extension, or alteration of new or existing disposal systems or treatment works or parts of them;

Through the Secretary or a hearing officer designated in writing by the Secretary, hold hearings, issue hearing notices and subpoenas that require the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony;

Require prior submission of plans, specifications, and other information that is relative to, and inspect construction of, disposal systems or treatment works or any part of them in connection with issuing permits or approvals required by this subtitle;

Issue, modify, or revoke orders and permits to install, modify, or operate disposal systems or any parts of them;

Require proper maintenance and operation of disposal systems; or

Exercise every incidental power necessary to carry out the purposes of this subtitle.

Administer and enforce this subtitle and the rules, regulations, and orders adopted or issued under this subtitle; and

Advise, consult, and cooperate with other units of this State, the federal government, other State and interstate agencies, affected groups, political subdivisions, and industries to carry out the provisions of this subtitle.

Existing physical conditions;

The character of an affected specific area;

Zoning;

The nature of any existing receiving body of water; and

The technical feasibility and economic reasonableness of measuring or reducing a particular type of water pollution.

Apply to pollutant and hazardous substance sources located outside this State that cause, contribute to, or threaten environmental damage in this State;

Make special provisions for alert and abatement standards and procedures for occurrences or emergencies of pollution or on other short term conditions that are an acute danger to public health or to the environment;

Specify different provisions as circumstances require for different:

If an exemption is consistent with federal law or federal regulation, exempt persons from any requirements of this subtitle.

Identify all hazardous substances that are controlled hazardous substances governed by this subtitle;

Set standards and describe tests to identify lethal, toxic, and other injurious effects of controlled hazardous substances;

Set minimum design standards for controlled hazardous substance facilities;

Establish types and quantities of controlled hazardous substances that may be disposed of;

Establish procedures for monitoring the generation, transportation, treatment, storage, or disposal of controlled hazardous substances;

Set minimum requirements for the operation, maintenance, monitoring, reporting, and supervision of any controlled hazardous substance facility;

Set requirements for receiving and applying for facility permits;

Set standards for determining bond values and fees under this subtitle;

Set health and safety standards that relate specifically to the site of a controlled hazardous substance facility after consideration of, among other things, the following:

By June 30, 1991, adopt by regulation a revised State Hazardous Substance Response Plan that establishes standards and procedures for actions taken under §§ 7-220 and 7-222 of this subtitle.

Methods for discovering and investigating sites at which hazardous substances have been disposed of or otherwise come to be located;

Methods for evaluating any releases or threats of releases which pose substantial danger to the public health or the environment;

Factors to be considered in determining the type of response action which will be implemented, including the cost of implementing, maintaining, and operating the remedy; and

Methods and criteria for determining the appropriate extent of removal, remedy, and other measures authorized by this title.

Provide for the classification of low-level nuclear wastes by radionuclide content and level of radioactivity for different storage or disposal procedures;

Provide for consultation with any affected political subdivision; and

Set standards and procedures, including notice and hearing requirements, for revocation or suspension of a facility permit, a hauler certificate, or a vehicle certificate.

By July 1, 1985, any generator generating greater than 100 kilograms of controlled hazardous substances during 1 calendar month shall notify the Secretary of:

Generators that have previously provided the United States Environmental Protection Agency (EPA) or the State with the information under this subsection are not required to file this notification.

On or after July 1, 1985, any controlled hazardous substance that is part of a total quantity generated by a generator producing greater than 100 kilograms during 1 calendar month and that is shipped off the premises on which the controlled hazardous substance is generated shall be accompanied by a copy of a controlled hazardous substance manifest form signed by the generator.

This form shall contain the following information:

The Council consists of 13 members.

Of the 13 members, 10 shall be appointed by the Governor with the advice of the Secretary as follows:

Of the 13 members, 3 shall be public members appointed by the Governor with the advice and consent of the Senate.

The term of a member is 10 years.

Except for an ex officio member, the terms of members are staggered as required by the terms provided for members of the Council on July 1, 1982.

At the end of a term, a member continues to serve until a successor is appointed and qualifies.

A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

All costs incurred by the State for removal, restoration, or remedial action, including the restoration of natural resources where feasible, and site maintenance and monitoring in response to a release or threatened release of any hazardous substance, to the extent the costs are not reimbursable under the federal act;

All cost incurred by the State in monitoring and assessing the effect on public health and natural resources of any site at which a hazardous substance is or may be present, including the costs of any subsurface borings and any analysis of samples taken, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures;

The State share mandated under § 104(c)(3) of the federal act;

All cost incurred in providing public information concerning a site that does or may contain a hazardous substance; and

Costs resulting from releases or threatened releases of hazardous substances whether or not the hazardous substance was placed at the site, released, or threatened to be released before July 1, 1985.

In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action to recover costs and interest from any responsible person who fails to make a reimbursement as required under subsection (a) of this section.

The identification, nature, and quantity of any hazardous substance which is or has been generated, treated, stored, or disposed of at a site or facility, or transported to a site or facility; and

The nature or extent of a release of a hazardous substance at or from a site or facility.

Enter any site or facility to carry out the provisions of this section; and

Obtain a search warrant pursuant to § 7–256.1 of this subtitle; or

Obtain an injunction to enter.

On or after October 1, 2009, a responsible person that possesses a sample result or other environmental assessment that indicates the release of a hazardous substance into the environment, at or above a threshold established in accordance with paragraph (2) of this subsection, shall report the finding immediately to the Department.

In determining a reportable threshold of a release of a hazardous substance, the Department shall consider:

On or before June 30, 2009, the Department shall adopt regulations to implement the provisions of this subsection.

By July 1, 1984, and each 6 months thereafter, the Department shall publish a list of proposed sites from the master list at which the Department intends to conduct preliminary site assessments.

The list of proposed sites shall contain at least:

The Department shall conduct a preliminary site assessment of sites within 6 months of their initial listing. The preliminary site assessment shall provide the basis for listing a site on the disposal site registry.

By January 1, 1985, the Department shall publish a State Hazardous Substance Response Plan that shall set forth procedures and standards for responding to releases of hazardous substances.

The State Hazardous Substance Response Plan to the greatest extent practicable shall be consistent with the National Contingency Plan established under § 105 of the federal act.

The State Hazardous Substance Response Plan shall set forth the criteria for the final listing of sites and for ranking sites that require site investigation, restoration, and remedial action under this article.

The criteria shall take into account factors relating to public health and the environment, including:

By January 1, 1986, the Secretary shall publish and revise at least annually a listing of hazardous waste sites, to be known as the disposal site registry.

The disposal site registry shall rank sites in priority for State remedial action, and include the following information with regard to each site:

In a controlled hazardous substance facility; and

In accordance with this subtitle.

Spent nuclear reactor fuel;

Liquid waste that results from the operation, in a facility for reprocessing spent nuclear fuel, of a first cycle solvent extraction system or an equivalent system;

Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or

Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted.

Used for residential purposes; or

Regulated by the State Department of Agriculture.

Shall be filed within a time set by the Department;

Shall be on the form provided by the Department; and

Shall include the following information about the controlled hazardous substance, if applicable:

The condemnation is necessary to perform the duties imposed by this subtitle or for any other purpose authorized under this subtitle;

The land or facility poses a substantial threat to the public health; or

Any future disturbance of the land would pose a substantial threat to the natural resources of this State.

If an interest in land that was acquired under this section is not needed to carry out the provisions of this subtitle, the Department shall dispose of the land as soon as practicable.

The Department first shall offer the interest in land to the prior owner who shall have the right to purchase the land from the Department by paying the same amount paid by the Department to that owner at the time of condemnation.

If the prior owner does not exercise the rights conferred by this subsection, the Department shall dispose of the interest in land through public sale, taking into account the following factors:

If the State recovers the cost of acquisition from any person under subsection (b) of this section, the State shall reimburse that person out of the proceeds of the sale of the interest in land.

The low-level nuclear waste facility permit conforms to any interstate low-level nuclear waste disposal compact of which this State is a member;

The Governor issues an executive order under § 7-234 of this subtitle; or

The Department determines under standards set by its rules or regulations that:

Cause a cessation in this State of power generation, medical treatments, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or

Otherwise present a serious threat to public safety or health.

To provide evidence of financial ability to properly establish, operate, and maintain a controlled hazardous substance facility;

To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7–242 of this subtitle;

To agree to permit access to the controlled hazardous substance facility for the purposes of any inspection permitted or required under this subtitle; and

To pay the permit fee assessed under § 7–237 of this subtitle.

Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at issuance or renewal.

Unless the controlled hazardous substance facility is a low-level nuclear waste facility, the Department may not issue a facility permit for a term longer than 10 years. The Department may issue a low-level nuclear waste facility permit for a term not longer than 5 years.

Has complied with all appropriate rules and regulations;

Pays to the Department the renewal fee set by the Department; and

Submits to the Department a renewal application on the form the Department requires.

The Department and the applicant shall comply with Title 1, Subtitle 6 of this article; and

The Department shall conduct any public hearing required by § 1–604 of this article:

“Chemical warfare material” means any of the following:

“Chemical warfare material” includes any substance that has chemical warfare material as an active or principal ingredient or ingredients, and degradation products of chemical warfare material.

“Monitoring data” means data from actual stack emissions under all operating conditions at a controlled hazardous substance facility.

“Monitoring data” does not include trial burn data or data derived from incineration of agent simulants.

Subject to § 7–239.5 of this subtitle, this subsection does not apply to the incineration of chemical warfare materials at a research facility if the incineration is done for research, development, or demonstration purposes.

In addition to any other applicable requirements, the Department may not issue a permit for the construction, material alteration, or operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material unless:

Treatment by incineration be monitored on a continuous basis;

Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and

Monitoring data and reviews be reported to the Department in the manner and frequency determined appropriate by the Department.

May be renewed for good cause as to the length of time for completion of the incineration authorized under the permit; but

May not be modified as to the amount of controlled hazardous substance to be destroyed.

The Department may issue a research, development, and demonstration permit for the incineration of chemical warfare materials at a research facility in accordance with this section.

The requirements of this section are in addition to any general requirements for research, development, and demonstration permits, including general requirements related to public participation in the permitting process.

The Department may not issue a permit under this section unless:

Limit the duration of the permit in accordance with Department regulations;

Provide for the receipt and treatment by the research facility of only those types and quantities of chemical warfare materials that the Department considers necessary for purposes of determining the efficacy and performance capabilities of the incineration technology or process; and

Subject to subsection (c) of this section, include requirements as the Department considers necessary to protect human health and the environment, including requirements regarding:

Require continuous near–real time air emissions monitoring, with a lag time of not more than 10 minutes, during incineration; and

Consider the need for soil and water pollution monitoring.

The Department shall require a research facility that receives a permit under this section to:

The Department:

The Department shall:

Any law of this or any other state concerning controlled hazardous substances; or

Any rule or regulation or permit condition of this or any other state concerning controlled hazardous substances.

Maintain a bond or other security that the Department considers sufficient to cover any cost for:

Design, construct, and operate the controlled hazardous substance facility in the manner approved by the Department;

Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;

Report periodically on the controlled hazardous substance that is received and discharged by the controlled hazardous substance facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature;

In appropriate circumstances, assist in any transfer of the ownership and operation of a controlled hazardous substance facility to a qualified agency of this State or any political subdivision of this State; and

To the extent reasonably practicable, restore the controlled hazardous substance facility site to its original condition if use as a controlled hazardous substance facility is terminated.

Ensure that any low-level nuclear waste being shipped to the low-level nuclear waste facility is labeled and transported in accordance with this subtitle;

Refuse to accept for disposal any low-level nuclear waste that has not been labeled or transported in accordance with this subtitle; and

Comply with any other requirements the Department sets.

The name of the radioactive substance involved;

The quantity of the radioactive substance released;

The intensity of the radiation released; and

The composition of all radionuclides of the radioactive substance in terms of constituent weights; and

Index the type and quantity of low-level nuclear waste generated, stored, or disposed of in each political subdivision;

Detail the activities at each low-level nuclear waste facility; and

Analyze, in detail, the status and quantity of low-level nuclear waste in this State.

The size of the facility;

The amount of hazardous waste handled by the facility;

The nature of the waste handled by the facility; and

The record of compliance by the facility with this subtitle and the regulations adopted under this subtitle.

The Department shall keep records of the date and findings of each inspection under this section and these records are public records.

The Department periodically shall publish and make available to the public a list of the dates each controlled hazardous substance facility is inspected under this section.

Before making an inspection under subsection (b) of this section, the health officer shall notify the Department of the planned inspection and complaint.

On the next business day after the inspection, the health officer shall report, in writing, to the Department:

The person holds a hauler certificate; and

A vehicle certificate has been issued for the transporting vehicle.

Used for residential purposes; or

Regulated by the State Department of Agriculture.

Shall maintain a bond or other security that the Department considers sufficient to indemnify this State for abatement of any pollution that may result from the improper transportation of a controlled hazardous substance;

Shall pay an annual vehicle certificate fee set by the Department but not more than $50;

When transporting any controlled hazardous substance, shall carry the manifest and the vehicle certificate in the cab of the controlled hazardous substance vehicle;

May not transport a controlled hazardous substance unless the controlled hazardous substance is labeled properly and in secure containers in accordance with the rules and regulations of the Department that apply to that particular controlled hazardous substance;

On the request of any police officer, shall stop the controlled hazardous substance vehicle and display to the police officer all required documentation and allow inspection and sampling of the controlled hazardous substance to determine if there is a violation of:

Except under the supervision of the Department during an emergency, may not remove the controlled hazardous substance from the controlled hazardous substance vehicle, or treat, store for any period of time, or mix any controlled hazardous substance except in a controlled hazardous substance facility; and

Shall report periodically, on a form required by the Department, the following information about shipments of controlled hazardous substances:

A facility permit holder; or

A controlled hazardous substance hauler who has a valid contract with a controlled hazardous substance facility for treatment, storage, or disposal of controlled hazardous substances; and

Source;

Name of the controlled hazardous substance hauler;

Destination intended by the controlled hazardous substance hauler at the time of shipment;

Volume; and

Nature.

To inspect the hazardous substance facility;

To obtain water, waste, soil, or air samples;

To drill test wells; and

To measure the volume and kinds of substances that are received, treated, stored, or disposed of.

The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.

Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section; and a statement to this effect shall be included as part of the application.

The applicant has sought access to the property for the purpose of making an inspection; and

The requirements of subsection (b) of this section are met;

The official or employee of the Department is authorized or required by law to make an inspection of the property for which the warrant is sought; and

Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this subtitle or any rule or regulation adopted under this subtitle or by showing:

The time specified in the warrant, not to exceed 30 days; or

If no time period is specified in the warrant, 15 days from the date of its issuance.

False or inaccurate information was contained in the application;

Conditions or requirements of the facility permit have been or are about to be violated;

Substantial deviation from plans, specifications, or requirements has occurred;

The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the facility permit;

A change in conditions exists that requires temporary or permanent reduction or elimination of any permitted discharge;

Any State or federal water quality standard or effluent limitation has been or is threatened to be violated; or

Any other good cause exists for revoking the permit.

This subtitle;

Any rule or regulation adopted under this subtitle; or

Any order, permit, or certificate issued by the Department under this subtitle.

Specify the provision that allegedly has been violated; and

State the alleged facts that constitute the violation.

Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;

Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or

Send a written notice that requires the person to whom the notice is directed:

In accordance with § 1–204 of this article; or

By publication.

The time set for the hearing, if any; or

The time set for the filing of the report, if any.

The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

Any hearing related to a complaint shall be held in the manner provided in the Administrative Procedure Act for hearings in contested cases.

Within 10 days after being served with an order under § 7-259(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.

In connection with any hearing under this subtitle, the Department may:

A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

If a person fails to comply with a subpoena issued under this subsection, on petition of the Department, a circuit court, by order, may:

The court may punish as a contempt any failure to obey its order issued under this section.

Unless the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.

If the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.

If the Department issues a notice under § 7-259(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:

After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.

Take action to secure compliance with any final corrective order; and

If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.

Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;

Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a controlled hazardous substance facility for which a current facility permit is in effect;

Falsifying any information required by the Department under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; or

Authorizing, directing, or permitting any offense listed in this section.

§ 7-209 of this subtitle;

§ 7-249 of this subtitle; or

§ 7-252 of this subtitle.

Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.

For the purposes of this subsection, in determining whether a person’s state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under § 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. § 6928(f)) shall apply.

In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, driver certificate, or facility permit adopted or issued under this subtitle.

The penalty imposed on a person under this subsection shall be:

Each day a violation occurs is a separate violation under this subsection.

Any penalty imposed under this subsection is payable to this State and collectible in any manner provided at law for the collection of debts.

If any person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:

Any penalty collected under this subsection shall be placed in a special fund to be used for monitoring and surveillance by the Department to assure and maintain an adequate record of any violations, including discharge of waste material and other pollutants into the waters of this State or into the environment.

After the date of the final decision as provided in subsection (b) of this section; and

As a result of the responsible person’s failure to comply with the final order.

Before seeking the punitive damages authorized by subsection (a) of this section, the Department shall issue to the responsible person a determination that the responsible person failed without sufficient cause to comply with a final order issued under this subtitle.

A responsible person subject to a determination issued by the Department under paragraph (1) of this subsection is entitled to a contested case hearing to determine whether the responsible person had sufficient cause for the failure to comply with the final order.

Following a final decision upholding the determination issued by the Department, the State may commence a civil action against the responsible person to recover the punitive damages.

Except as provided in § 7-265 of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:

In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.

Each day on which a violation occurs is a separate violation under this subsection.

Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle; or

Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle.

The Commission shall provide for its own organization and procedures, and shall adopt by-laws not inconsistent with this compact and any rules and regulations necessary to implement this compact. It shall meet at least once a year in the county selected to host a regional facility and shall elect a chairman and vice chairman from among its members. In the absence of the chairman, the vice chairman shall serve.

All meetings of the Commission shall be open to the public with at least 14 days advance notice, except that the chairman may convene an emergency meeting with less advance notice. Each municipality and county selected to host a regional facility shall be specifically notified in advance of all Commission meetings. All meetings of the Commission shall be conducted in a manner that substantially conforms to the Administrative Procedure Act (5 U.S.C. Ch. 5, Subch. II, and Ch. 7). The Commission may, by a two-thirds vote, including approval of a majority of each host state’s Commission members, hold an executive session closed to the public for the purpose of: Considering or discussing legally privileged or proprietary information; to consider dismissal, disciplining of, or hearing complaints or charges brought against an employee or other public agent unless such person requests such public hearing; or to consult with its attorney regarding information or strategy in connection with specific litigation. The reason for the executive session must be announced at least 14 days prior to the executive session, except that the chairman may convene an emergency meeting with less advance notice, in which case the reason for the executive session must be announced at the open meeting immediately subsequent to the executive session. All action taken in violation of this open meeting provision shall be null and void.

Detailed written minutes shall be kept of all meetings of the Commission. All decisions, files, records and data of the Commission, except for information privileged against introduction in judicial proceedings, personnel records and minutes of a properly convened executive session, shall be open to public inspection subject to a procedure that substantially conforms to the Freedom of Information Act (Public Law 89-554, 5 U.S.C. § 552) and applicable Pennsylvania law, and may be copied upon request and payment of fees which shall be no higher than necessary to recover copying costs.

The Commission shall select an appropriate staff, including an Executive Director, to carry out the duties and functions assigned by the Commission. Notwithstanding any other provision of law the Commission may hire and/or retain its own legal counsel.

Any person aggrieved by a final decision of the Commission which adversely affects the legal rights, duties or privileges of such person, may petition a court of competent jurisdiction, within 60 days after the Commission’s final decision, to obtain judicial review of said final decisions.

Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken in their official capacity.

As soon as practicable after the closing of the fiscal year, an audit shall be made of the financial accounts of the Commission. The audit shall be made by qualified certified public accountants selected by the Commission, who have no personal direct or indirect interest in the financial affairs of the Commission or any of its officers or employees. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such other officers as the Commission shall direct. Copies of the report shall be distributed to each Commission member and shall be made available for public distribution.

Each signatory party by its duly authorized officers shall be entitled to examine and audit at any time all of the books, documents, records, files, and accounts and all other papers, things, or property of the Commission. The representatives of the signatory parties shall have access to all books, documents, records, accounts, reports, files and all other papers, things, or property belonging to or in use by the Commission and necessary to facilitate the audit; and, they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.

Requirements for the purchase and maintenance of adequate insurance by generators, brokers, carriers and operators of the regional facility;

Requirements for the establishment of a long-term care fund to be funded by a fee placed on generators to pay for preventive or corrective measures of low-level waste to the regional facility; and

Any further financial responsibility requirements that shall be submitted by generators, brokers, carriers and operators as deemed necessary by the host state.

Periodic inspections of packaging and shipping practices;

Periodic inspections of low-level waste containers while in custody of carriers; and

Appropriate enforcement actions with respect to violations.

Be financially interested, either directly or indirectly, in a contract, sale, purchase, lease or transfer of real or personal property to which the Commission is a party.

Solicit or accept money or any other thing of value in addition to the expenses paid to him by the Commission for services performed within the scope of his official duties.

Offer money or anything of value for or in consideration of obtaining an appointment, promotion or privilege in his employment with the Commission.

The purpose of this subtitle is to protect the public health and the environment by ensuring the availability of sites and properly designed facilities to dispose of, reuse, recycle, incinerate, or otherwise render nonhazardous, hazardous waste materials and to eliminate illegal dumping or improper disposal. It is the further purpose of this subtitle to achieve the same goals with respect to low-level nuclear waste.

In carrying out its responsibilities under this subtitle, the Board shall treat hazardous waste and low-level nuclear waste separately.

The availability of suitable facilities outside this State for the disposal of low-level nuclear waste produced in this State;

That there are proper safeguards to the health and safety of the public and the quality of the environment;

That facilities are available at reasonable cost commensurate with adequate protection of public health and safety, and of the environment;

That there is due consideration of social values and of the reasonable and beneficial use of land and natural resources;

That there is due consideration for industry and commerce, the revenues, and development of the State and its political subdivisions, and the employment and welfare of the people;

That there is due consideration of alternatives over burial or other land disposal of hazardous or low-level nuclear waste, such as source reduction, reuse, resource recovery, and incineration;

That there is due consideration for the expeditious ultimate disposal of hazardous waste in order to minimize reliance on interim storage;

That there is due consideration for managing sites following cessation of operations;

That there is due consideration for the equitable geographic distribution of sites, including:

That there is due consideration for local land use preference, as expressed in local planning and zoning provisions; and

That there is due consideration for the geological stability of a location and for the safety and preservation of public and private water supplies. If the location of a facility site will result in any adverse effects to a public or private water supply, the facility site may not be approved.

The Board consists of 8 members appointed by the Governor who shall represent the various geographical areas of the State. No more than one member of the Board shall be a resident of the same county or of Baltimore City.

Of the 8 members:

The term of a member is 4 years.

The terms of the initial appointees expire as follows: one member representing the general public and one member representing the scientific community on January 1, 1984, one member representing the general public and one member representing the scientific community on January 1, 1985 and the remaining members on January 1, 1983.

Compensation in accordance with the State budget; and

Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

Subject to the provisions of this subtitle, the Board shall issue certificates of public necessity:

A certificate under this subtitle is not required if a site and facility are otherwise authorized by law.

A certificate is not required for a facility used for receipt, transfer, recovery, or disposal of nonhazardous or nonradioactive residential, commercial, or industrial waste.

Environmental, social, technical, and economic factors as they apply to a particular proposed site; and

The need for and problems associated with the comprehensive statewide disposal of hazardous and low-level nuclear waste.

The issuance of a certificate of public necessity for a site exempts the site, the design, construction, and operation of the facilities on the site, and the transportation of hazardous or low-level nuclear waste to and from the facilities on the site from any regulation, policy, law, or ordinance, including zoning, of any political subdivision of this State, and from any State law or regulation that requires approval of any political subdivision of this State.

The Board may not issue a certificate of public necessity for the purpose of extending or expanding any hazardous waste landfill in operation on or before July 1, 1980 that was permitted by this State under Subtitle 2 of this title and § 9-204 of this article.

A person may not make any material change that, as to a facility or the use of a site, is contrary to the purpose or conditions for which a certificate was issued, unless:

An application for reconsideration shall be made by an applicant and processed by the Board in accordance with the same requirements, procedures, and restrictions that are applicable to an initial application for a certificate under this subtitle.

On receipt of the application for a certificate the Board shall forward a copy of that application to the Department. The Department shall consider the application for a certificate as an application for the facility permit that is required under this article.

On receipt of any application for a facility permit that is required under this article, the Department shall forward a copy of the facility permit application to the Board.

The portion of the applicant’s report dealing with environmental and social assessments shall contain, but not be limited to:

The portion of the applicant’s report dealing with technical and economic assessments shall contain, but not be limited to:

The Board shall adopt regulations describing and governing the procedure for obtaining a certificate, including procedures under paragraph (2) of this subsection. The provisions of this section do not exempt the Board from the requirements of Title 10, Subtitles 1 and 2 of the State Government Article.

Procedural regulations adopted under this subsection shall:

At least 90 days prior to issuance of a certificate, the Board shall seek the advice and comment of the following:

At least 90 days prior to the issuance of a certificate, the Board shall seek the comments of:

Within 30 days after the Board seeks the advice of a party listed under paragraph (1) of this subsection, the party shall respond to the Board in writing by either:

Before it may issue a certificate, the Board shall hold an informational meeting in the subdivision in which the proposed site is to be located for the purpose of receiving advice and comments from the public.

The informational meeting shall be held at least 60 days prior to the issuance of a certificate.

If a site is located in more than one subdivision, the informational meeting shall be held at a location reasonably convenient and accessible to the affected jurisdictions.

The informational meeting may not be held until the application is complete.

The Board shall make a decision to issue or deny a certificate within 6 months of receipt of an application and any additional information required under this section, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.

With the concurrence of the applicant, the Board may extend this period for no more than an additional 6 months.

The governing body of any political subdivision of the State within which all or part of the proposed site is to be located and the governing bodies of adjoining subdivisions;

The record owner(s) of the site and the record owners of adjoining property;

The applicant, if different from the record owner;

The Department;

The Department of Natural Resources;