(a) A county may remove a proposed solid waste acceptance facility from the county plan if: (1) The owner of the proposed solid waste acceptance facility fails to apply to the Department for a new permit within 1 year of inclusion in the plan; (2) The owner of the proposed solid waste acceptance facility fails to apply to the Department for a renewal in accordance with § 10-226(b) of the State Government Article; (3) The Department denies a permit for the proposed solid waste acceptance facility in its final decision; or (4) The proposed solid waste acceptance facility is not constructed within 10 years after receiving a permit. (b) For the purposes of subsection (a)(1) of this section, a new permit does not include a permit application for expansion or major modification of an existing facility. (c) This section may not be construed to allow the county to remove a proposed solid waste acceptance facility if the solid waste acceptance facility is necessary to provide adequate capacity for the disposal of solid waste generated within the county in accordance with § 9-505 of this subtitle.
Maryland Legal Code