In this subtitle the following terms have the meanings indicated.
“Facility” means a location for use in connection with the transfer of a hazardous material beyond the threshold specified in § 7-103 of this subtitle from one mode of transportation to another.
“Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.
“Transfer” means the loading or unloading of a product or substance between one mode of transportation and another.
Except for pesticides regulated by the Department of Agriculture, a person may not transfer a hazardous material at a facility in this State except in accordance with this title.
A person shall hold a facility permit before the person may own, establish, operate, or maintain a facility in the State that transfers quantities of a single hazardous material that meets or exceeds 100,000 pounds in weight at any time during a calendar year.
Any hazardous material or storage tank regulated under Title 4 of this article is exempt from the requirements of this subtitle.
A separate facility permit is required for each facility that a person owns, establishes, maintains, or operates.
The Secretary may adopt regulations to specify permitting procedures, set permitting fees, establish containment specifications, establish enforcement procedures, and establish any other procedures necessary to carry out the requirements of this subtitle.
To apply for a facility permit, an applicant shall:
Submit an application to the Department on the form that the Department requires; and
Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.
As a prerequisite to the issuance of a facility permit, the Department shall require an applicant:
To provide evidence of financial ability to properly establish, operate, and maintain a facility;
To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7-111 of this subtitle;
To agree to permit access to the facility for the purposes of any inspection permitted or required under this subtitle; and
To pay the permit fee assessed under § 7-107 of this subtitle.
The Department shall set each facility permit fee on the basis of:
The potential threat to the environment posed by the particular materials to be transferred at the facility;
The anticipated cost of monitoring and regulating the facility;
The anticipated cost of removing and properly disposing of any hazardous material that may escape from the facility; and
The anticipated needs for program development activities that relate to management of hazardous materials.
Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at the time of issuance or renewal.
Subject to § 7-110 of this subtitle, the Department may deny renewal of a facility permit if the permit holder:
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.
Before the Department issues a facility permit, the Department shall give public notice of the application and provide opportunity for a public informational meeting.
The Department may deny an application for a facility permit or for a renewal of a facility permit if the Department finds that:
The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or
The owner of the land or of the facility, or any person making application, has violated:
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.
As a requirement for keeping the facility permit, each facility permit holder shall:
Maintain a bond or other security that the Department considers sufficient to cover any cost for:
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;
Design, construct, and operate the 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 hazardous material that is received and transferred by the facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature; and
To the extent reasonably practicable, restore the facility site to its original condition if use as a facility is terminated.
The Secretary may enforce the provisions of this subtitle in the same manner as the provisions of Subtitle 2 of this title.
For a violation of this subtitle a person shall be subject to the penalties listed in Subtitle 2 of this title.
All fees and penalties collected by the Department under this subtitle shall be deposited in the State Hazardous Substance Control Fund established under § 7-218 of this title.
A person may not knowingly or recklessly submit false information to the Department under this subtitle.