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§ 52.19 HEARING ON APPLICATION.
   The Department shall schedule a public hearing before taking final action on an application. Legal notice of the hearing shall be advertised at least twice beforehand in a newspaper of general circulation in the county, with the first such notice appearing not less than 30 days before the hearing date. All such hearings shall be held during evening hours.
(1986 Code, § 253-11) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.20 ACTION ON APPLICATION.
   (A)   As the result of its review, the Department either shall establish the conditions, which may include appropriate requirements such as a monitoring program, for the disposal operations to be allowed and performed under the permit or else the Department may conclude that the site is unsuitable for sewage sludge disposal and shall deny the permit.
   (B)   If approved, a signed copy of the application and the Department’s conditions shall promptly be returned to the applicant to constitute the permit and a notice that work may begin.
   (C)   If denied, the applicant may appeal the Department’s decision in accordance with § 52.99(C).
(1986 Code, § 253-12) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.21 AMENDMENT TO PERMIT.
   Proposed modification to an approved permit shall be processed in the same manner as a new application; provided, however, that the Department may give written authorization for minor revisions that do not alter the basic nature of the permit.
(1986 Code, § 253-13) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.22 APPLICATION FEES.
   (A)   The Department shall accept an application for a permit only if it is accompanied by a nonrefundable application fee in the amount of $500 payable to the Garrett County Health Department. At the Department’s sole discretion, the application fee may be waived in the case of a bona fide research project sponsored by a not-for-profit research organization.
   (B)   Before the Department may approve a permit, the applicant shall also reimburse to the Department all documented out-of-pocket review costs incurred by the Department in excess of the application fee.
(1986 Code, § 253-14) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
§ 52.23 ADVISORY COMMITTEE.
   The County Commissioners shall appoint a committee to advise the Department and to review the implementation of this regulation. The committee shall consist of general citizens and persons representing the industries affected and the pertinent regulatory agencies. The committee shall meet at its Chairperson’s call or at the call of not less than 3 members, but not less than annually.
(1986 Code, § 253-15) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
PERFORMANCE SECURITY
§ 52.40 APPLICABILITY; EXEMPTIONS.
   No application shall be approved until the Department has received an acceptable performance security in accordance with this subchapter; provided, however, that the following may be exempted from this subchapter as determined by the Department:
   (A)   Each application involving an activity, including but not limited to surface mining activities, for which the applicant is bound by state law or regulation to furnish a performance security to the state in an amount comparable to the requirements of § 52.41;
   (B)   Each application for which the Department, after review, has made a written determination that the purposes of this regulation can be achieved without the necessity for a performance security;
   (C)   Each application which involves only top dressing of soil which already has a cover crop.
(1986 Code, § 253-16) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
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