Section 2-404.1 - Judicial review. - Maryland Statutes

§ 2-404.1. Judicial review.
 

(a)  Who may partake of judicial review.- Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 1990 is subject to judicial review by any person who: 

(1) Meets the threshold standing requirements under federal constitutional law; and 

(2) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation. 

(b)  Scope.- Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates: 

(1) That the objections were not reasonably ascertainable during the comment period; or 

(2) That grounds for the objections arose after the comment period. 

(c)  Filing of petition.- Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business. 

(d)  Judicial review of air quality operating permit.-  

(1) An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article. 

(2) Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits. 
 

[2002, chs. 437, 438.]