(A) The Zoning Administrator shall cause to be prepared and available, for any person desiring or required to apply for a permit, for a new or previously unpermitted swine feeding operation or expanding operation, the necessary forms and applications.
(B) The application for a permit to operate a new or previously unpermitted swine feeding operation or expanding operation shall contain, at a minimum, the following information:
(1) Name and address of the owner, mortgagee, deed of trust holder or installment sale vendor and/or operator of the facility;
(2) Street and mailing address of the property on which the swine feeding operation will be located;
(3) Number and type of swine housed or confined;
(4) A diagram or map and legal description showing geographical location of the facility on which the perimeters of the facility are designated, location of waters of the state, including, but not limited to, drainage from the facility, swine waste, storage facilities and land application sites owned or leased by the applicant;
(5) A copy of the waste management plan, nutrient management plan, soil and water conservation plan, odor abatement plan and such other plans reviewed and approved by the Maryland Department of the Environment and/or Maryland Department of Agriculture and/or NRCS and/or University of Maryland Cooperative Extension and/or Maryland Department of Health and Mental Hygiene;
(6) A copy of any written waiver by an adjacent property owner to the facility releasing specified setback requirements as provided by § 1-19-8.500.13(C) of this article; and
(7) Any other relevant information deemed necessary by the Zoning Administrator to administer the provisions of this article.
(C) (1) An application for renewal of a permit to operate a swine feeding operation shall be considered to be properly filed when the Zoning Administrator has received a completed renewal application and payment of fees from the applicant.
(2) If the application for renewal is denied, written notification of the denial and an opportunity for an administrative hearing on the denial shall be given to the applicant by the Zoning Administrator. The notification shall set forth the reasons for the denial, steps necessary to meet the requirements for issuance of the renewal permit and the opportunity for the applicant to request an administrative hearing.
(D) For transfer of a permit to a new owner or operator, the following conditions shall be met.
(1) The new owner or operator shall submit to the Zoning Administrator a transfer application, which shall include any proposed changes to the conditions of the existing permit resulting from the transfer of ownership or operation.
(2) After receipt of all information required, the Zoning Administrator shall review the information and within 60 days issue approval or denial of the transfer. Transfer of a permit shall be denied only if:
(a) The new owner or operator cannot comply with the original conditions under which the original permit was granted;
(b) The Zoning Administrator finds a material or substantial change in conditions to the original conditions of the original permit to operate the swine feeding operation;
(c) Failure of the new owner or operator to meet any other conditions or requirements for compliance established by the Zoning Administrator pursuant to this article; or
(d) The new owner or operator has failed to meet the requirements of this article; and
(3) If a transfer is denied, written notification of such denial and an opportunity for an administrative hearing on the denial shall be given to the applicant for transfer of the permit by the Zoning Administrator. The notification shall set forth the reasons for the denial, steps necessary to meet the requirements for transfer of the permit and the opportunity for the applicant to request an administrative hearing.
(E) Any suspension or revocation or nonrenewal of a permit issued pursuant to this article by the Zoning Administrator shall be made in accordance with § 1-19-8.500.15 of this article.
(F) In addition to other information required for issuance of a new permit or the transfer of an existing permit, an application for a new permit or transfer of an existing permit for a swine feeding operation shall be under oath and shall contain the following information.
(1) (a) A statement of ownership.
1. If the applicant is a sole proprietorship, limited partnership, limited liability, limited partnership or joint venture the name and address of each member thereof and percentage ownership of each shall be included in the application.
2. If the applicant is a corporation or limited liability company, the name and address of the corporation and the name and address of each officer and registered agent of the corporation and of each stockholder or member owning a 10% or greater interest shall be included in the application.
(b) The information contained in the statement of ownership shall be public information and shall be available upon request from the Zoning Administrator.
(2) The name and address of management, if the management is not the applicant and is acting as agent for the applicant.
(3) (a) An environmental history from the past 3 years of any swine feeding operation established and operated by the applicant or any other operation with common ownership in this state or any other state. Such environmental history shall include but not be limited to all citations, administrative orders or penalties, civil injunctions or other civil actions, criminal actions, past, current and ongoing, taken by any person, agency or court relating to noncompliance with any environmental law, rule, agency order, or court action relating to the operation of a swine feeding operation.
(b) A copy of all records relating to the environmental history required by this paragraph shall accompany the application.
(c) Noncompliance with a final agency order or final order of judgment of a court of record which has been set aside by a court on appeal of such final order or judgment shall not be considered a final order or judgment for the purposes of this subsection.
(4) Environmental awards or citations received or pollution prevention or voluntary remediation efforts undertaken by the applicant.
(5) Any other relevant information or records required by the Zoning Administrator for purposes of implementing this article.
(G) (1) In addition to other penalties as may be imposed by law, any person who knowingly makes any false statement, representation, or certification in, or omits material data from, or tampers with any application for a permit, or notice relating to the determination of affected property owners, shall upon conviction thereof, be guilty of a misdemeanor and may be subject to a fine of not more than $1,000 for each such violation. In addition, the Zoning Administrator shall deny a permit to the applicant or may require submission of a new application.
(2) The responsibility for ensuring that all affected property owners are notified pursuant to the provisions of this section shall be upon the applicant.
(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)