Md. Code Regs. 26.22.01.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.22.01.07 - Statement

A. Once an application has been received and reviewed by State agencies, the Secretary has received the comments of the State agencies, and the county in which the proposed facility is proposed to be located has either certified its approval or stayed certification, the Secretary, after consulting with the applicant, appropriate governmental agencies, and interested parties, shall select appropriate parties to prepare an economic, fiscal, and environmental impact statement. The Coastal Zone Management Program shall coordinate preparation of the statement. The purpose of the statement is to develop and assemble in one document material, facts, and analyses to assist the Secretary and the local government in making a decision on whether to grant, grant conditionally, or deny a permit.

B. To the maximum extent possible, the statement shall incorporate and utilize studies, inventories, and other work relevant to the facility and prepared pursuant to any law including but not limited to the National Environmental Policy Act. The Secretary shall determine the applicability of these materials.

C. The statement shall be filed with the Department within 6 months of the Secretary's designation unless the Secretary extends the period of preparation up to but not more than an additional 12 months for good cause. If the period of preparation is extended, the Secretary shall notify the applicant and the county by letter and shall place a notice in the Maryland Register.

D. Contents of Statement.

(1) Upon receipt of the advisory comments of other State agencies, the Secretary shall set forth the minimum contents of each statement.

(2) All statements shall include the following:

(a) An inventory of existing economic and environmental conditions at the project site and in the immediate area;

(b) A project description of what is to be constructed, and the manner and construction schedule and the method of construction;

(c) A complete description of the proposed facility including at least its anticipated size, effluent load, and production levels;

(d) An assessment of the probable economic, fiscal, and environmental impact of the project upon the natural environment of the project site, coastal area, and the immediate area;

(e) Recommendations for minimizing any adverse economic, fiscal, or environmental impacts;

(f) An evaluation of the need for the facility and the relative merits of other possible sites;

(g) In the case of a refinery, a description of the manner of transportation of the feed stock and the product of the crude oil;

(h) Expected secondary impacts of constructing the facility, including new residential housing, schools, commercial services, and additional public services;

(i) Probable adverse environmental impacts of the project that cannot be avoided including irretrievable commitment of resources, which shall include a description of significant secondary consequences and cumulative and long-term effects of the project on the environment and the natural resources base, and the extent to which the project curtails the range of beneficial uses of the environment.

Md. Code Regs. 26.22.01.07

Regulations .07 amended effective February 10, 1978 (5:3 Md. R. 138)