Current through Register Vol. 51, No. 19, September 20, 2024
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.