1. A. The Secretary shall give public notice of the following:

   1. (1) A permit application has been tentatively denied;
   2. (2) A draft permit has been prepared and a tentative determination has been made to issue the draft permit;
   3. (3) An informational meeting has been scheduled;
   4. (4) A public hearing has been scheduled;
   5. (5) An application to own, operate, establish, or maintain a CHS facility has been received by the Department;
   6. (6) An application to modify a CHS permit under Regulation .11 of this chapter has been received by the Department;
   7. (7) A final determination has been prepared under Regulation .20-1E of this chapter;
   8. (8) The Department intends to issue a final determination that differs substantively from a tentative determination, in accordance with Regulation .20-1E(2)(b) of this chapter; and
   9. (9) The Department has reopened a comment period under Regulation .20-4C of this chapter.

2. B. Public Notice—Denials. The Secretary:

   1. (1) Is not required to provide public notice when a request for permit modification, revocation and reissuance, or termination is denied; and
   2. (2) Shall provide written notice of a denial under §B(1) of this regulation to the requester and to the permittee.
3. C. Public notices may describe more than one permit or permit action.

4. D. Timing.

   1. (1) Public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under §A of this regulation shall allow at least 45 days for public comment.
   2. (2) Public notice of a public hearing shall be given at least 30 days before the hearing.
   3. (3) The Secretary may give public notice of a public hearing at the same time as public notice of the draft permit, and the two notices may be combined.
   4. (4) The Secretary shall assure that a public notice of receipt of a permit application published as required by §E(3) of this regulation in accordance with §A(5) or (6) of this regulation is published within a reasonable period of time after the Department receives the application.

   5. (5) The Secretary:

      1. (a) Shall extend the comment period established under §D(1) of this regulation for an additional 60 days if the Secretary receives a written request to do so from any person during the original comment period provided;
      2. (b) May not extend the comment period under §D(5)(a) of this regulation more than once; and
      3. (c) May establish a longer comment period to the extent that the Secretary determines that the longer comment period is necessary.

5. E. Methods.

   1. (1) Except as provided in §E(2) of this regulation, the Secretary shall give public notice of activities described in §A of this regulation by mailing a copy of a notice to the following persons:

      1. (a) The applicant;
      2. (b) Any other agency who has issued or is required to issue a UIC, PSD, NPDES, or 404 permit for the same facility or activity;
      3. (c) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected states;

      4. (d) Persons on a mailing list developed by:

         1. (i) Including those who request in writing to be on the list;
         2. (ii) Soliciting persons for “area lists” from participants in past permit proceedings in that area; and
         3. (iii) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press or on the Department’s website and in such publications as regional and State funded newsletters, environmental bulletins, or State law journals;
      5. (e) Any unit of local government having jurisdiction over the area where the facility is proposed to be located;
      6. (f) Each State agency having any authority under State law with respect to the construction and operation of the facility;
      7. (g) Any person who submitted written comments during the public comment period; and
      8. (h) Any person who submitted oral or written comments at a public hearing conducted under Regulation .20-5A of this chapter and who provided the Department with a legible mailing address when signing in at the hearing.
   2. (2) Any person otherwise entitled to receive notice under §E(1) of this regulation may waive the right to receive notice for any classes and categories of permits.
   3. (3) The Secretary shall assure that any public notice required by §A of this regulation is published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located.

   4. (4) The Secretary shall give public notice through a broadcast message over a radio station that serves the community in which a facility is located or proposed to be located that any of the following has occurred:

      1. (a) A CHS facility permit application has been tentatively denied;
      2. (b) A draft CHS facility permit has been prepared; and
      3. (c) A public hearing has been scheduled.

   5. (5) The Secretary may:

      1. (a) Require a permit applicant to provide notice of an informational meeting or a public hearing by mail to:

         1. (i) Each person requesting the meeting or the hearing; or
         2. (ii) An authorized representative of the person requesting the meeting or hearing; and
      2. (b) Provide additional notice in the situations identified in §A of this regulation by requiring the permit applicant to post the notice at the proposed facility or at public facilities in the geographical area of the proposed facility.

   6. (6) Responsibility for Publishing or Otherwise Providing Notice. For any notice given under §E(1)—(5) of this regulation, the Secretary shall:

      1. (a) Require the permit applicant to provide the notice; or
      2. (b) Provide the notice at the applicant's expense.

   7. (7) Electronic Posting.

      1. (a) Notice of Receipt of Application. The Department shall:

         1. (i) Post on the Department’s website the notice of receipt of an application for a CHS facility permit under §A(5) of this regulation, and the notice of receipt of an application for modification of a CHS facility permit under §A(6) of this regulation; and
         2. (ii) Provide a method for interested persons to electronically request any additional notices related to an application for a permit identified in §E(7)(a)(i) of this regulation.
      2. (b) Final Determination. The Department shall post on the Department’s website notice that a tentative determination has become a final determination.

6. F. Public Notices—Content.

   1. (1) General. The Secretary shall assure that all public notices issued under this regulation contain the following minimum information:

      1. (a) Name and address of the office processing the permit action for which notice is being given;
      2. (b) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
      3. (c) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
      4. (d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application;
      5. (e) A brief description of the comment procedures required by Regulations .20-4A and .20-5A of this chapter;
      6. (f) The specific time and place of any hearing that will be held;
      7. (g) A statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision;
      8. (h) The location of the administrative record required by Regulation .20-1D of this chapter, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record; and
      9. (i) Any additional information the Secretary considers necessary or proper.

   2. (2) Public Notices for Hearings. The Secretary shall ensure that:

      1. (a) In addition to the information required to be contained in general public notices by §F(1) of this regulation, the public notice of a hearing on a draft permit contains the following information:

         1. (i) Reference to the date of previous public notices relating to the permit;
         2. (ii) Date, time, and place of the hearing; and
         3. (iii) A brief description of the nature and purpose of the hearing, including the applicable regulations and procedures; and
      2. (b) All persons identified in §E(1)(a)—(c) of this regulation are mailed a copy of the fact sheet or statement of basis, information on how the permit application may be reviewed, and information on how the draft permit may be reviewed, in addition to the general public notice described in §F(1) of this regulation.

   3. (3) Public Notices Announcing Receipt of an Application. The Secretary shall assure that public notices announcing the receipt of an application for a CHS facility permit under §A(5) and (6) of this regulation contain, in addition to the information required to be contained in general public notices by §F(1) of this regulation, the following information:

      1. (a) The name and telephone number of a representative of the applicant;
      2. (b) An address to which people may write in order to be put on the facility mailing list;
      3. (c) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice;
      4. (d) The date that the application was submitted; and
      5. (e) Information on how to request that an informational meeting be held, or information on the time, date, and location of an informational meeting on the application if the Department has already scheduled one.
   4. (4) Public Notices of Final Determination. In addition to the information required to be contained in public notices by §F(1) of this regulation, the public notice of a final determination under Regulation .20-1E(1) of this chapter shall include reference to the right to judicial review in accordance with Environment Article §1-601(a), Annotated Code of Maryland.

Authority: Environment Article, Title 7, Subtitle 2, Annotated Code of Maryland

Effective date:

Regulations .01—.05 adopted as an emergency provision effective November 18, 1980 (7:25 Md. R. S-1); adopted permanently effective April 3, 1981 (8:7 Md. R. 642)

Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 20)

Regulation .02A—F repealed, and new .02A—O adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulations .02A, B, F, J, L, M, N, .03A, B, C, L, M amended and .01C, P, and .05 adopted effective February 13, 1984 (11:3 Md. R. 202)

Regulations .02A, C, J, .03I amended and .01D, E, and .02Q adopted effective July 30, 1984 (11:15 Md. R. 1330)

Regulation .03A—E repealed, and new .03A—M adopted effective January 31, 1983 (10:2 Md. R. 110)

Regulation .05 repealed effective January 31, 1983 (10:2 Md. R. 110)

Chapter recodified from COMAR 10.51.07 to COMAR 26.13.07

Regulation .01 amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .01A amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01F amended and G adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .02A—D, J—L, and P amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .02D and E amended effective April 1, 1991 (18:6 Md. R. 690); May 24, 1993 (20:10 Md. R. 853)

Regulation .02F amended effective May 24, 1993 (20:10 Md. R. 853); April 11, 1994 (21:7 Md. R. 533)

Regulation .02I adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .02R adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .03B, C, F, G, and L amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .04C adopted effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .05B amended effective April 18, 1988 (15:8 Md. R. 1009)

Regulation .11B amended effective December 23, 1991 (18:25 Md. R. 2759); April 11, 1994 (21:7 Md. R. 533)

Regulation .13 amended and recodified as Regulations .13 and .13-1—.13-3 adopted effective December 23, 1991 (18:25 Md. R. 2759)

Regulation .13-1C adopted effective April 11, 1994 (21:7 Md. R. 533)

Regulation .13-2A amended effective April 11, 1994 (21:7 Md. R. 533)

Regulation .15E amended effective May 5, 1997 (24:9 Md. R. 659)

Regulation .21A, B amended effective March 15, 1993 (20:5 Md. R. 515)

Regulation .22B amended effective December 23, 1991 (18:25 Md. R. 2759)

Chapter revised effective September 10, 1997 (24:5 Md. R. 413)

Chapter revised effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .11D amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .13-2A amended effective November 1, 2002 (29:15 Md. R. 1647)

Regulation .23C amended effective November 1, 2002 (29:15 Md. R. 1647)

Chapter revised effective May 1, 2008 (35:8 Md. R. 809)

Regulation .01F repealed effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02D amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-4B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-5B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .02-6C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .02-8B amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .13-2A amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .17B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-1 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-2 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-3C amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-4 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-5 amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .20-6 amended effective October 1, 2025 (52:17 Md. R. 876)