In this subtitle the following words have the meanings indicated. “Board” means the Hazardous Waste Facilities Siting Board. “Certificate” means a certificate of public necessity issued by the Board. “Facility” means any structure, equipment, machinery, bins, tanks, pipes, pumps, conveyors, wells, trenches, pits, or cells used for treatment, processing, reconditioning, exchange, incidental storage in connection with the preceding activities, long–term storage, or ultimate disposal of hazardous or low–level nuclear waste. “Hazardous waste” means any waste substance or material designated as a hazardous substance pursuant to § 7–208 of this title. “Low–level nuclear waste” means any substance or material designated as low–level nuclear waste under § 7–208 of this title. “Service” means the Maryland Environmental Service. “Site” means the geographic area to be occupied by a facility, including buffer or security areas and areas used for any appurtenant functions. “Subdivision” means the 23 counties or Baltimore City and incorporated municipalities.

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. These facilities shall be located subject to the following considerations: 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: Consideration of the feasibility of siting a facility within the same political subdivision from which the wastes principally originate; Consideration of those subdivisions that presently have sites, to avoid to the extent feasible certifying sites disproportionately in any one subdivision; 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.

There is a Hazardous Waste Facilities Siting Board. 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: Two shall be members of the scientific community in the State, one of whom shall be a geologist; Three shall be members of the general public who have no financial interest in the waste disposal industry, at least one of whom has had a demonstrated involvement in environmental matters; One shall be appointed from a list of three or more persons nominated by the Maryland Association of Counties; One shall be appointed from a list of three or more persons nominated by the Maryland Chamber of Commerce; and One shall be appointed from a list of three or more persons nominated by the Maryland Municipal League. Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution. 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. The Governor shall appoint a chairman from among the 8 members. 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 the remainder of that term and until a successor is appointed and qualifies. A member may be removed by the appointing authority for incompetency or misconduct. Each member of the Board is entitled to: Compensation in accordance with the State budget; and Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The affirmative vote of a majority of the members of the Board then serving is necessary for any decision of the Board.

In addition to the powers set forth elsewhere in this subtitle, the Board may adopt rules and regulations to carry out the provisions of this subtitle.

Subject to the provisions of this subtitle, the Board shall issue certificates of public necessity: For the siting of hazardous waste facilities; and For the siting of low-level nuclear waste facilities. 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. In deciding whether to issue a certificate, the Board shall consider but not be limited to the following: 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 design, construction, and operation of a facility on a site for which a certificate has been issued, and the associated transportation of hazardous or low-level nuclear waste to and from the facility, shall be subject to all environmental, health, and safety restrictions that may be imposed by State regulatory agencies under applicable law and regulation. 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. In paragraph (2) of this subsection, the following words have the meanings indicated. “Extending” includes any proposed disposal capacity to be established by the lateral development of the landfill facility or site or of any noncontiguous acreage within one-half mile from the perimeter of the landfill site boundary. “Expanding” includes any proposed disposal capacity to be established by a material alteration of the landfill facility or site through an increase in the height of any landfill cell or otherwise. The issuance of a certificate does not require the approval of any county or municipal council, board, authority, or unit. Any plan for management of liquid, solid, hazardous, or low-level nuclear waste adopted by any subdivision of the State shall be consistent with the terms of the certificate. The certificate shall contain a statement of the purpose for which it is issued and a description of the site and proposed facility, and shall indicate the locations on the site of all facilities, all buffer and security areas, and all areas to be used for appurtenant functions. A certificate is valid only for the site and facility for which it is issued. 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: The person first submits the proposed change to the Board for reconsideration of the certificate; and The Board approves the change. 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.

Each application for a certificate submitted to the Board shall contain a report with information of the type, quality, and detail that will permit adequate consideration of the environmental, social, technical, and economic factors involved in the establishment and operation of the proposed facilities. The applicant shall make the report available to affected subdivisions and to the public. 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 potential impact of the method and route of transportation of hazardous or low–level nuclear waste to the site and the potential impact of the establishment and operation of the proposed facility on air and water quality, existing land use, transportation, and natural resources in the area affected by proposed facilities; A description of the expected effect of the facility; and Recommendations for minimizing any adverse impact. The portion of the applicant’s report dealing with technical and economic assessments shall contain, but not be limited to: Detailed descriptions of the proposed site and facility, including site location and boundaries and facility purpose, type, size, capacity, and location on the site and estimates of the cost and charges to be made for material accepted; and Provisions for managing the site following cessation of operation of the facility. Acceptance by the Board of any application for processing does not preclude the Board from requiring further information from the applicant if the Board considers the additional information necessary for adequate consideration of the application. 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: Provide for notice to interested persons of any decision to issue or deny a certificate; Permit a person to request a hearing under Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases), if the person makes factual allegations with sufficient particularity to demonstrate that: The person is aggrieved by the decision; and The decision is: Legally inconsistent with any provision of law applicable to the decision being challenged; or Based upon an incorrect determination of a relevant and material fact; Provide the Board with discretionary authority to stay the effectiveness of its decision pending the outcome of the hearing; and Provide that, if a request for a hearing is granted, the Board’s final decision on the application shall be based on the record made in the hearing, including the proposed findings of fact and conclusions of law recommended to the Board by the presiding officer. At least 90 days prior to issuance of a certificate, the Board shall seek the advice and comment of the following: The Secretaries of Natural Resources, the Environment, Commerce, and Agriculture; The Secretary of Planning; The Controlled Hazardous Substances Advisory Council; and The governing body of any subdivision of the State within which all or part of the proposed site is to be located and the governing bodies of adjoining subdivisions. At least 90 days prior to the issuance of a certificate, the Board shall seek the comments of: Each landowner of record whose property is within 1,000 feet of the proposed site; and Residents who live within 1 mile of the proposed site. 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: Setting forth the advice and comments of the party as to the proposed certification; or Stating that the party has no comments as to the proposed certification. 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 Board shall set by rule and regulation a reasonable schedule of fees necessary to recover the costs of processing applications and issuing certificates under this subtitle. On issuance of a certificate the Board shall file a copy of that certificate with the Secretary to the Board and the Secretary of State. Copies of the certificate shall be sent by the Secretary to the Board to: 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; The Department of Agriculture; The Maryland Department of Labor; and The Department of Planning. The Board shall maintain records of its transactions including the applications and supporting data submitted by those seeking certificates from the Board and any other technical data considered in issuing or denying a certificate. These records are public records for the purposes of Title 4 of the General Provisions Article. The Board shall consider, review, and approve or deny hazardous or low–level nuclear waste sites applied for by the Maryland Environmental Service in the same manner in which it acts upon applications for issuance of certificates from other parties.

Regardless of whether a site and facility are approved by a subdivision or are certified under this subtitle: All other requirements for permits by State health or any other State regulatory agency remain applicable; and All other State environmental, health, and safety restrictions shall apply, as provided in § 7-405(c) of this subtitle.

A certificate automatically shall be null and void if: Construction or other preparation of the site for its intended use of the facility for which the certificate was issued has not commenced within 2 years following issuance of the certificate; or The facility has not commenced operation within 4 years following issuance of the certificate. The Board may extend the time limits imposed under subsection (a) of this section if the certificate holder: Applies to the Board for an extension; and Shows good cause for allowing the extension.

The Board shall be a unit of the Department for purposes of executive organization. The Board has all powers necessary for carrying out the purposes of this subtitle, including but not limited to the powers set forth in this section, and may: Make any contract or agreement the Board determines to be necessary or incidental to the performance of its duties and to the execution of the purpose of and the powers granted by this subtitle; Make directly, or through the hiring of staff or consultants, any plans, surveys, investigations, or studies bearing on the characteristics of any site or on the need for and employment of sites and facilities throughout the State; and Prepare information to further public understanding of matters that the Board is required to consider, such as site suitability, management alternatives and the treatment and disposal needs of the State, and to disseminate such information to environmental and community organizations, schools, libraries, local, State, and federal government agencies, and other members of the general public. The determination by the Board of statewide need and the plans and surveys prepared by the Board as authorized by this subtitle shall be prepared in form and substance suitable for inclusion in any statewide solid waste management plan. To assist the Board in carrying out the provisions of this subtitle, the Department shall routinely furnish the Board with copies of relevant information and data filed with the Department under the provisions of this article that are applicable to the generation, transport, and disposal of hazardous waste. In the event that the statewide plan is no longer required under the Resource Conservation and Recovery Act, as amended, the Board within 1 year after the Act is not in effect shall prepare a 10-year hazardous waste management plan and shall propose procedures for its adoption.

In consultation with the appropriate agencies of State and local government, the Service shall prepare by June 1, 1981, an initial inventory of potential hazardous waste facility sites and a program for utilizing these sites that appear suitable for and capable of meeting disposal demands. In consultation with the appropriate agencies of State and local government, and as needed, the Service shall prepare an initial inventory of potential low–level nuclear waste sites and a program for using those sites which appear suitable for and capable of meeting disposal demands. In consultation with appropriate State and local officials and governing bodies, the Service shall, as needed, update the inventories and programs prepared under subsubparagraphs 1 and 2 of this subparagraph. The Service shall develop guidelines, consistent with the provisions of this subtitle, for evaluating types of sites for placement on the inventory, and shall apply said guidelines uniformly to all sites of a given type considered for placement on the inventory. In preparing the inventory, the Service shall solicit and consider recommendations from the governing body of each subdivision who shall prepare a list of sites which are believed to meet or exceed the requirement for facilities of the types under consideration by the Board. If the governing body cannot agree upon specific sites within 6 months of the request, the Service may select the sites for inclusion on the inventory. The Service shall consider any recommendation that is submitted under this subsection on or before September 1, 1980, 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. The inventory and program shall be maintained and, as needed, updated in consultation with the appropriate State and local agencies and local governing bodies. In preparing the inventory updates, the Service shall solicit and consider recommendations from the governing body of each subdivision. The Service shall consider any recommendation that is submitted under this subsection 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. The Service shall file a copy of its inventories and all updates with the Board.

The Service may apply to the Board for a certificate for one or more sites. The Board may direct the Service to prepare and submit a proposal for acquisition or utilization or both of any inventoried site. The Board may further direct the Service to perform any act authorized by Subtitle 1 of Title 3 of the Natural Resources Article to implement the proposal if a certificate is issued. When the Service acts with respect to a site for which a certificate has been issued, §§ 3-102(c) and 3-104(v) of the Natural Resources Article do not apply. If the Service owns a site or property on a site that is not, because of its ownership, subject to ordinary local taxes, and if a certificate has been issued for the site, the Service shall make payments in lieu of taxes to the subdivision in which the site is located. The cost of these payments shall be included as a part of project costs in the accounts of the Service and may be recovered by the Service from the users of the facilities on the site. Payment shall equal the amount of ordinary local taxes that would be due if the property were subject to taxation. Immediately upon acquisition of an interest in any site or property on a site, the Service shall request the State Department of Assessments and Taxation to certify to the local taxing authority the assessment associated with the property.

Any interested party, including a prospective user of a hazardous or low–level nuclear waste facility site who generates hazardous or low–level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Appellate Court of Maryland. Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts. In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be: In violation of constitutional provisions; Made on unlawful procedure; Arbitrary and capricious; or Affected by other error of law.

Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle. The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision: For any damage if the subdivision, itself, operated the facility; or For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.