2020 Maryland Statutes
Environment
Title 1 - Definitions; General Provisions; Enforcement
Subtitle 6 - Public Participation in the Permitting Process
Section 1-606 - Judicial Review

    (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.