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CODE OF MARYLAND REGULATIONS
TITLE 14. INDEPENDENT AGENCIES
SUBTITLE 14. HAZARDOUS WASTE FACILITIES SITING BOARD
CHAPTER 03. PROCEDURE FOR APPLICATION, EVALUATION, AND ISSUANCE OF CERTIFICATES
Date:
08/31/2009
Document:
.02 Content of Application.
A. Applicant's Burden of Production. An applicant shall have the burden of setting forth in the application the information described in this regulation and all other factual, technical, or expert information which the applicant wishes the Board to consider in acting on the application. In addition, an applicant shall have the burden of setting forth in the application each inference or conclusion which the applicant is asking the Board to make in determining to issue a certificate of public necessity in accordance with the Natural Resources Article, 3-702 and 3-705, Annotated Code of Maryland, and shall have the burden of relating in the application the informational basis for each inference or conclusion. The Board will not determine an application to be complete unless and until the applicant has met these burdens.
B. Format.
(1) Each application shall contain a letter of intent signed by a person with the authority to obligate the firm or other entity submitting the application. The letter shall state the purpose of the application and shall reference supporting information. The applicant shall submit the application to the Board in care of the Secretary.
(2) The letter of intent shall be supported and accompanied by any forms required by the Board and supplemental reports or other materials which shall contain information of the type, quality, and detail that will permit adequate consideration of the application by the Board. The supporting reports and any supplemental information submitted shall be considered an integral part of the application.
(3) Each application shall contain a summary of the proposed site and facility. The summary shall include a factual description of the site, the facility and the treatment, disposal, or recovery process proposed and shall highlight any major risks to the environment and public health or safety associated with the proposal and describe the methods proposed to eliminate or reduce those risks. The applicant shall highlight in the summary the conclusions and inferences the applicant is asking the Board to make in accordance with§ A.
C. Supporting Reports and Other Information.
(1) Each application shall include an ownership report which contains the following information:
(a) Legal description of applicant, including identification of all principal participants, such as major shareholders, corporate officers, affiliated firms;
(b) A current audited financial statement or statements of the applicant based upon an audit or audits by a certified public accountant including the accountant's opinions;
(c) A description of all liability insurance or other type of liability coverage the applicant has or plans to obtain for the proposed site and facility and a description of the financial and managerial arrangements for closure and post-closure care of the facility and site;
(d) A description of any other hazardous waste facilities operated or owned currently or in the past by the applicant with details of their compliance record.
(2) Each application shall include a site-assessment report which contains a 7-1/2 minute series United States Geological Survey topographic map of the site vicinity and detailed information about the existing environmental, health, and community conditions surrounding the proposed site and facility. It shall describe any possible environmental, health, or community impacts which the proposed site and facility may cause, including descriptions of:
(a) The geology and hydrology surrounding the site;
(b) The surface and groundwater resources surrounding the site and facility and any positive or negative impacts the site and facility may have on these resources along with a list of all local, State, or federal water or soil permits or approvals the facility will be required to have and the applicant's plans for compliance;
(c) The ambient air quality surrounding the facility and site vicinity and any positive or negative impacts the site and facility may have on the surrounding air quality along with a list of any local, State, or federal air or noise permits or approvals the facility will be required to have and the applicant's plans for compliance;
(d) Any other existing environmental features of the site vicinity and any impacts which the site or facility may have on those features and any other State, local, or federal health or environmental permits or approvals the facility will be required to have before construction or operation and the applicant's plans for compliance;
(e) The surrounding land uses and affected communities and the existing local planning and zoning provisions;
(f) The transportation routes and methods the customers of the facility will generally use and the existing and proposed State, local, and federal plans for repair, maintenance, and control of those routes and methods;
(g) The volume of traffic the facility will generate and the traffic volume and accident records for the routes the customers will use;
(h) Any community or environmental mitigation or compensation plans the applicant has;
(i) Any known objections or endorsements by State and local governments and citizens in the site vicinity of the proposed facility.
(3) The application shall include a facility and operation report which contains a detailed description and discussion of the mechanical, operational, and financial aspects of the facility and treatment, disposal, or recovery process including a discussion of:
(a) The designed capability and capacity of the facility;
(b) The types and amounts of wastes which will be accepted and their geographic origin;
(c) The relationship of the applicant to the customers including a sample customer contract form;
(d) The process or processes to be employed including its basic characteristics and principal limitations;
(e) Any emission controls, liquid or gaseous discharges, and solid residues the facility will emit or discharge which were not discussed in the site-assessment report;
(f) Normal operating procedures including waste acceptance requirements, compliance with the manifest system and other pertinent hazardous substances transportation laws and regulations, employee training, testing procedures and any company regulatory compliance monitoring;
(g) The emergency prevention and control plans including a description of on-site equipment and trained personnel and existing or proposed nearby state or local equipment or personnel such as fire equipment or rescue squads;
(h) Planned operational safeguards and monitoring of the facility following cessation of operation;
(i) Cost effectiveness of the process.
D. Form of the Application.
(1) The application should be contained in one or more three-ring loose leaf binders on preferably 8-1/2 x 11 inch paper.
(2) All maps required by this regulation shall be detachable, but may be fold-outs.
(3) The summary shall be capable of separate reproduction and distribution.
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