Sec. 14.14.02.01. Determination of Need

A. The Board shall periodically make a determination of the Statewide or regional need for a certain type of facility. The types and quantities, both current and projected, of hazardous waste generated in the State shall be estimated and the means available for their safe treatment, storage, and disposal determined. The Board may also determine the desirability of public or private ownership for a particular type of facility.

B. Following this determination of need, the Board may adopt a policy concerning the need for a certain type of facility. This adopted policy shall constitute a conclusive determination and is not subject to adjudication in other administrative proceedings of the Board.

C. In its sole discretion, the Board may decide to consider applications only for facilities which are consistent with its adopted policy or policies. Upon determination that there exists a need for a particular type of facility, the Board shall publish this need to the public in the Maryland Register and solicit applications for this facility.

D. Before adoption of a need policy, the Board shall hold a public hearing or hearings conducted in accordance with COMAR 14.14.01.04. In advance of the hearing or hearings, the Board may make available for inspection or copying, any plans, surveys, reports, or studies made at the Board's direction which are relevant to the proceeding.

E. The Department shall be consulted in preparation of plans and surveys for determination of need. Plans and surveys so prepared shall be provided to the Department for inclusion in the Statewide solid waste management plan required by the Resource Conservation and Recovery Act of 1976.