Md. Code Regs. 05.23.01.04

Current through Register Vol. 52, No. 1, January 10, 2025

Section 05.23.01.04 - Evaluation of Public Health Impact Assessment by Department

A. Upon receipt of a public health impact assessment under this chapter, the Department shall:

(1) Review the public health impact assessment, including any relevant information submitted by an entity responsible for a qualified project as part of its initial application or Viability or Viability/Commitment Package; and

(2) Make an initial determination as to the sufficiency of the information provided in the public health impact statement.

B. If the Department determines that the information submitted does not meet the requirements of Regulation .03 of this chapter or is insufficient to make a final determination, it shall promptly:

(1) Notify the entity responsible for the qualified project;

(2) Provide the entity responsible for the qualified project with documentation showing what additional information is requested; and

(3) Set a reasonable deadline for the submission of the requested additional information.

C. If the Department determines that the information submitted meets the requirements of Regulation .03 of this chapter, it shall make a determination as to whether further environmental assessment is necessary as a result of potential health hazards that have been identified.

D. The Department shall require a further environmental assessment if:

(1) The initial environmental assessment indicates health hazards on, or reasonably likely to affect, the project site; or

(2) The qualified project is a renovation project, unless the environmental professional who completed the initial environmental assessment has sufficiently demonstrated via written statement that a further environmental assessment should not be provided.

E. If the Department determines that a further environmental assessment is necessary, it shall:

(1) Promptly notify the entity responsible for the qualified project;

(2) Provide the entity responsible for the qualified project with documentation showing what additional information is requested, which may include specialized studies or reviews of, as applicable, such as:

(a) Asbestos and lead paint samplings and testing;

(b) Site and record reviews of any underground storage tanks and associated supply lines;

(c) Soil sampling and analysis;

(d) Groundwater or aquifer sampling;

(e) Testing for PCB contamination;

(f) In-depth investigation of neighboring properties;

(g) Radon testing; and

(h) Mold testing;

(3) Notify the Maryland Department of the Environment and request that the Department of the Environment provide the entity responsible for the qualified project with specific instructions on how to address or mitigate any health hazards found; and

(4) Set a reasonable deadline for the submission of the requested additional information.

F. Any further environmental assessment, if required by the Department under this chapter, shall meet the requirements described in Standard E1903-11 published by the American Society for Testing and Materials.

G. When the Department determines that an entity responsible for a qualified project has sufficiently addressed or mitigated any health hazards as determined by an environmental assessment performed under this chapter, the Secretary or the Secretary's designee shall certify so in writing.

H. When the Secretary or the Secretary's designee has certified in writing that there are no unmitigated health hazards that could reasonably affect the project or its residents, the public health impact assessment is considered approved and the qualified project may proceed to underwriting or the density bonus application, as applicable.

Md. Code Regs. 05.23.01.04

Regulation .04 adopted effective 51:26 Md. R. 1186, eff. 1/6/2025.