Section 9-1704 - Inability to achieve reduction of solid waste stream. - Maryland Statutes

§ 9-1704. Inability to achieve reduction of solid waste stream.
 

(a)  Counties with population greater than 150,000.-  

(1) If a county with a population greater than 150,000 determines it cannot achieve a reduction of 20 percent of its solid waste stream under § 9-505 of this title, the county shall: 

(i) Conduct a public hearing on the proposed reduction that may be conducted jointly with other public hearings or meetings; and 

(ii) Publish notice of the time and place of the public hearing, together with a summary of the justification for the proposed reduction, in a newspaper of general circulation in the county once a week for 2 consecutive weeks before the hearing in the county. 

(2) The Secretary shall review a county plan that does not meet the 20 percent recycling goal to determine whether the county's maximum goal, as stated in the plan, can be demonstrated to have a reasonable basis. 

(3) The Secretary shall require revision of a county plan if, pursuant to a review under paragraph (2) of this subsection, the county's determination of its maximum goal is found to be unsupported by competent, material, and substantial evidence in light of the entire plan as submitted. 

(b)  Counties with population less than 150,000.-  

(1) If a county with a population less than 150,000 determines it cannot achieve a reduction of 15 percent of its solid waste stream under § 9-505 of this title, the county shall: 

(i) Conduct a public hearing on the proposed reduction that may be conducted jointly with other public hearings or meetings; and 

(ii) Publish notice of the time and place of the public hearing, together with a summary of the justification for the proposed reduction in a newspaper of general circulation in the county once a week for 2 consecutive weeks before the hearing in the county. 

(2) The Secretary shall review a county plan that does not meet the 15 percent recycling goal to determine whether the county's maximum goal, as stated in the plan, can be demonstrated to have a reasonable basis. 

(3) The Secretary shall require revision of a county plan if, pursuant to a review under paragraph (2) of this subsection, the county's determination of its maximum goal is found to be unsupported by competent, material, and substantial evidence in light of the entire plan as submitted. 
 

[1988, ch. 536; 1989, ch. 5, § 1.]