§ 1-606

Maryland § 1-606

• Jurisdiction: Maryland
• Article gen: Environment
• Title: 1

Text

(a) (1) In this section the following words have the meanings indicated.

(2) “Board” means the Board of Public Works.

(3) “License” means a license under § 16–202 of this article.

(b) This section applies to:

(1) A permit listed under § 1–601(a) of this subtitle;

(2) A permit listed under § 5–204(f) of this article; or

(3) A license issued under § 16–202 of this article.

(c) Any judicial review of a determination provided for in accordance with § 1–601 of this subtitle or § 5–204 or § 16–204 of this article shall be limited to a record compiled by the Department or Board, consisting of:

(1) Any permit or license application and any data submitted to the Department or Board in support of the application;

(2) Any draft permit or license issued by the Department or Board;

(3) Any notice of intent from the Department or Board to deny the application or to terminate the permit or license;

(4) A statement or fact sheet explaining the basis for the determination by the Department or Board;

(5) All documents referenced in the statement or fact sheet explaining the basis for the determination by the Department or Board;

(6) All documents, except documents for which disclosure is precluded by law or that are subject to privilege, contained in the supporting file for any draft permit or license;

(7) All comments submitted to the Department or Board during the public comment period, including comments made on the draft application;

(8) Any tape or transcript of any public hearings held on the application; and

(9) Any response to any comments submitted to the Department or Board.

(d) (1) When a draft permit or license or tentative determination is issued, the Department or Board shall:

(i) Make available for inspection and copying no later than the date the permit, draft license, or tentative determination is issued:

1. All permit or license applications;

2. Documents submitted with a permit or license application;

3. All documents relied on in making the tentative determination; and

4. A privilege log that identifies all documents not produced for inspection in accordance with subsection (c)(6) of this section and states the reasons for withholding each document; and

(ii) Extend the public comment period by 60 days on request by a person.

(2) A request submitted to the Department or Board under paragraph (1)(ii) of this subsection shall be:

(i) Submitted in writing; and

(ii) Made before the expiration of the original comment period.

(3) A public comment period may not be extended more than once under paragraph (1)(ii) of this subsection.