Document Citation: COMAR 14.14.02.02

Header:
CODE OF MARYLAND REGULATIONS
TITLE 14. INDEPENDENT AGENCIES
SUBTITLE 14. HAZARDOUS WASTE FACILITIES SITING BOARD
CHAPTER 02. DETERMINATION OF NEED FOR A FACILITY AND SUITABILITY OF A SITE

Date:
08/31/2009

Document:

.02 Determination of Suitability.

A. The Board may consolidate consideration of applications which are in competition for the same sites or which are intended to fulfill the same need identified by Board policy. The applications may be evaluated comparatively to determine the most suitable site or sites and facility or facilities.

B. The Board shall consider, as required by law, environmental, social, technical, and economic factors as they apply to a particular site. The Board will deny certification if any of these factors would create an unacceptable impact on public health, safety, or the quality of the environment.

C. Issuance of a certificate does not convey authorization to build or operate a facility. The design, construction, and operation of a facility and the associated transportation of hazardous waste to and from the facility remain subject to all environmental, health, and safety restrictions that may be imposed by State or federal regulatory agencies under applicable law and regulation. The Board will coordinate its activities with those agencies having authority over hazardous waste. Requirements for the submission of information, technical determinations, or any other appropriate matter will be coordinated so as to avoid duplication and the possibility of inconsistent regulatory decisions. As set forth in these regulations, this may include deferring consideration of certain disputed issues of fact involving technical matters to those regulatory agencies with a particular expertise in them (with the consent of the agency). If the Board relies on or requires certain premises or conditions before it will issue a certificate, and these premises or conditions change as a result of the imposition of permit conditions by other regulatory agencies, the Board may, in its sole discretion, revoke or amend the certificate as appropriate.