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<subtitle num="81" heading="Applications for Authority to Acquire Property for the Construction of an Oil Pipeline" title_num="20" title_heading="Public Service Commission">
  <chapter num="01" heading="General Regulations">
    <regulation prefix="Regulation" num=".01" heading="Definitions.">
      <paragraph num="A.">
        <text>In this subtitle, the following terms have the meanings indicated:</text>
      </paragraph>
      <paragraph num="B.">
        <text>Terms Defined.</text>
        <paragraph num="(1)">
          <text>“Aesthetic site” means a site whose aesthetic nature is of general public interest as officially recognized by a local, state, or federal government agency charged with the responsibility to oversee the protection of the environment.</text>
        </paragraph>
        <paragraph num="(2)">
          <text>“Applicant” means the oil pipeline corporation making an application under the provisions of Public Utilities Article, §5-404, Annotated Code of Maryland, and this subtitle.</text>
        </paragraph>
        <paragraph num="(3)">
          <text>“Archeological Site”.</text>
          <paragraph num="(a)">
            <text>“Archeological site” means a site or locality yielding artifacts, structural remains, or other evidence of occupation or use dating before 1900, and especially those before 1875.</text>
          </paragraph>
          <paragraph num="(b)">
            <text>The site may be either prehistoric (Indian), historic (colonial, industrial, and so forth), or both.</text>
          </paragraph>
          <paragraph num="(c)">
            <text>The designation of a site or locality having archeological interest as an archeological site will be made by the State Archeologist, Maryland Geological Survey, who will also act to coordinate subsequent field activities.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(4)">
          <text>“Commission” means the Public Service Commission of Maryland.</text>
        </paragraph>
        <paragraph num="(5)">
          <text>“Construction Site”.</text>
          <paragraph num="(a)">
            <text>“Construction site” means a site having a portion or all of its real property within the proposed oil pipeline facility property acquisition.</text>
          </paragraph>
          <paragraph num="(b)">
            <text>“Construction” includes any clearing of land, excavation, or other action that would affect the natural environment of the site or route of the oil pipeline facilities, but does not include changes needed for temporary use of sites or routes for non-pipeline purposes, or uses in securing geological or topographical data, including any necessary borings.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(6)">
          <text>“Cost” means the total estimated cost for the design, construction, and activation of the project, expressed in dollars for the year or years in which the expenditures are budgeted.</text>
        </paragraph>
        <paragraph num="(7)">
          <text>“Historic site” means a site duly registered with the:</text>
          <paragraph num="(a)">
            <text>Maryland Historic Trust;</text>
          </paragraph>
          <paragraph num="(b)">
            <text>National Register of Historic Places;</text>
          </paragraph>
          <paragraph num="(c)">
            <text>National Register of Natural Landmarks;</text>
          </paragraph>
          <paragraph num="(d)">
            <text>National Trust for Historic Preservation; or</text>
          </paragraph>
          <paragraph num="(e)">
            <text>Register of National Historic Landmarks.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(8)">
          <text>“Oil pipeline” means all fixed property and facilities used in the transportation of refined petroleum products.</text>
        </paragraph>
        <paragraph num="(9)">
          <text>“Oil pipeline corporation” has the meaning stated in Public Utilities Article, §5-404(a)(2), Annotated Code of Maryland.</text>
        </paragraph>
        <paragraph num="(10)">
          <text>“Project” means the proposed oil pipeline facility as defined in §B(8) of this regulation.</text>
        </paragraph>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".02" heading="Information and Documents To Be Included in Application.">
      <text>The following information and documents shall be included in an application made under this subtitle:</text>
      <paragraph num="A.">
        <text>The applicant's name and the address of its principal business office;</text>
      </paragraph>
      <paragraph num="B.">
        <text>The name, title, and address of the person authorized to receive notices and communications with respect to the application;</text>
      </paragraph>
      <paragraph num="C.">
        <text>The location or locations at which the public may inspect a map or maps showing in more detail the site and routing of the project, as required by §R of this regulation;</text>
      </paragraph>
      <paragraph num="D.">
        <text>A concise general description of the entire project, including pertinent design and operational features, provisions for aesthetic and environmental considerations, and the overall project schedule for engineering, construction, and activation;</text>
      </paragraph>
      <paragraph num="E.">
        <text>The estimated cost of the project;</text>
      </paragraph>
      <paragraph num="F.">
        <text>Tentative plans for financing the project;</text>
      </paragraph>
      <paragraph num="G.">
        <text>A statement of the need for the project in meeting present and future demands for service, how the project will satisfy these requirements, the alternatives considered, and a concise description of the estimated specific consequences if the project is not installed or if schedule slippage occurs;</text>
      </paragraph>
      <paragraph num="H.">
        <text>Regarding the land for the project—a description of the types of property conveyance and pertinent provisions, the extent and dates of any portions of the land privately acquired to date, and a brief description of any improvements which may have to be acquired for the project;</text>
      </paragraph>
      <paragraph num="I.">
        <text>A list of local, state, or federal government agencies having requirements which must be met in connection with the construction or operation of the project, and a statement that the necessary approval has been obtained from each of these agencies or an explanation why the approvals have not been obtained at the date the application is filed;</text>
      </paragraph>
      <paragraph num="J.">
        <text>A copy of every required franchise or a statement that no franchise is required;</text>
      </paragraph>
      <paragraph num="K.">
        <text>A copy of the applicant's corporate charter;</text>
      </paragraph>
      <paragraph num="L.">
        <text>A general description of the proposed route and the number of miles located in each county within the State;</text>
      </paragraph>
      <paragraph num="M.">
        <text>The rights-of-way widths and acreage included in them;</text>
      </paragraph>
      <paragraph num="N.">
        <text>The location and identification of conflicting aesthetic or historic sites, areas of environmental significance, or both, including wetlands as may be designated by the Department of Natural Resources;</text>
      </paragraph>
      <paragraph num="O.">
        <text>The location and identification of aesthetic or historic sites, institutional lands, parks, recreational areas, and wildlife management areas from which the project would be clearly and permanently visible;</text>
      </paragraph>
      <paragraph num="P.">
        <text>A summary of any studies which have been made of the environmental impact of the project, and the results of the studies as may be embodied in the project;</text>
      </paragraph>
      <paragraph num="Q.">
        <text>The location and description of any historic or prehistoric archeological sites that are within the right-of-way for the oil pipeline or that may be on or near unimproved access roads or other roads built or improved for construction or maintenance of the oil pipeline;</text>
      </paragraph>
      <paragraph num="R.">
        <text>A depiction on suitable topographic maps of the applicable information required by §§L—Q of this regulation (the topographical maps shall have a scale of 1 to 24,000 or larger).</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".03" heading="Form of Application.">
      <paragraph num="A.">
        <text>The original application shall be signed by a person or persons having authority to make the application and having knowledge of the matters set forth in it, and shall be verified under oath.</text>
      </paragraph>
      <paragraph num="B.">
        <text>Every application shall be printed or typewritten on sheets 8-1/2 by 11 inches in size, except that supporting exhibits such as maps, profiles, and other engineering material may be on paper not exceeding 28 by 40 inches in size.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".04" heading="Distribution of Application.">
      <paragraph num="A.">
        <text>The applicant shall submit to the Commission the original and six copies of the application.</text>
      </paragraph>
      <paragraph num="B.">
        <text>At the time the application is filed with the Commission, the applicant shall mail a copy of it to the following:</text>
        <paragraph num="(1)">
          <text>The governing body, and the planning zone commission of each county in which any portion of the project will be located;</text>
        </paragraph>
        <paragraph num="(2)">
          <text>Maryland Department of Health;</text>
        </paragraph>
        <paragraph num="(3)">
          <text>Maryland Department of Transportation;</text>
        </paragraph>
        <paragraph num="(4)">
          <text>Maryland Department of Natural Resources (six copies);</text>
        </paragraph>
        <paragraph num="(5)">
          <text>Department of Commerce;</text>
        </paragraph>
        <paragraph num="(6)">
          <text>Office of Planning;</text>
        </paragraph>
        <paragraph num="(7)">
          <text>Maryland State Highway Administration;</text>
        </paragraph>
        <paragraph num="(8)">
          <text>The Regional Planning Council, the Maryland National Capital Park and Planning Commission, or both, if affected by the application;</text>
        </paragraph>
        <paragraph num="(9)">
          <text>United States Department of Interior; and</text>
        </paragraph>
        <paragraph num="(10)">
          <text>All other local, state, or federal agencies designated in Regulations .01B(1) and (7) and .02I of this chapter, if affected by the application.</text>
        </paragraph>
      </paragraph>
      <paragraph num="C.">
        <text>A certificate of service showing the identity of those served shall be attached to the application.</text>
      </paragraph>
    </regulation>
    <regulation prefix="Regulation" num=".05" heading="Hearing on Application.">
      <paragraph num="A.">
        <text>The Commission shall hold a public hearing on the application as required by law and shall render its decision in accordance with Public Utilities Article, §5-404, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="B.">
        <text>Advertisement.</text>
        <paragraph num="(1)">
          <text>The applicant shall advertise the public hearing in a newspaper of general circulation in the area or areas where the proposed project is to be constructed once in each of 2 successive weeks immediately before the hearing as a legal notice.</text>
        </paragraph>
        <paragraph num="(2)">
          <text>The applicant shall publish a display advertisement which includes:</text>
          <paragraph num="(a)">
            <text>A brief description of the project which the general public can understand; and</text>
          </paragraph>
          <paragraph num="(b)">
            <text>A map sufficient to indicate the proposed general location or route of the project, or both.</text>
          </paragraph>
        </paragraph>
        <paragraph num="(3)">
          <text>All advertisements shall contain a statement that a map showing in detail the routing of the proposed oil pipeline is available for public inspection at a specific location within the county in which any construction is proposed.</text>
        </paragraph>
      </paragraph>
      <paragraph num="C.">
        <text>Written Notice.</text>
        <paragraph num="(1)">
          <text>The applicant shall give written notice to every person under or over whose land the proposed oil pipeline is to be located.</text>
        </paragraph>
        <paragraph num="(2)">
          <text>The applicant shall send the notice by certified mail at least 30 days before the hearing to every owner or owners of the property as determined from the current tax assessment records of the political subdivision in which the property is located.</text>
        </paragraph>
      </paragraph>
      <paragraph num="D.">
        <text>Other Notice.</text>
        <paragraph num="(1)">
          <text>In addition and if appropriate, the applicant shall publish any other notice that may be required by other Maryland law and regulations, relating to but not limited to matters involving private wetlands, the use and diversion of State waters, and the probable effect of the application on ambient air quality.</text>
        </paragraph>
        <paragraph num="(2)">
          <text>This notice shall refer to these matters as being part of the proceedings and public hearings on the application.</text>
        </paragraph>
        <paragraph num="(3)">
          <text>The applicant under these circumstances shall obtain from the appropriate State agencies the proper form and content of public notice.</text>
        </paragraph>
      </paragraph>
      <paragraph num="E.">
        <text>Proceedings under this subtitle shall be governed by the relevant provisions of the Public Utilities Article, Annotated Code of Maryland, and by the Commission's regulations.</text>
      </paragraph>
    </regulation>
    <annotations>
      <annotation type="Authority">Public Utilities Article, §§2-121 and 5-404, Annotated Code of Maryland</annotation>
      <annotation type="History" subtype="Administrative History">Effective date: May 1, 1981 (8:9 Md. R. 803)</annotation>
    </annotations>
  </chapter>
</subtitle>