In this subtitle the following words have the meanings indicated. “Expense of an emergency response, containment, cleanup, and abatement” means the reasonable costs associated with the repair or replacement of personal protective equipment: Owned by: A volunteer fire company; or An authorized volunteer individual who participates in an emergency response, containment, cleanup, and abatement by a volunteer fire company; and Damaged through proper use during an emergency response, containment, cleanup, and abatement of a release of hazardous materials resulting from a traffic accident involving a motor vehicle operated by a motor carrier that is transporting hazardous materials or from a release or threatened release of hazardous materials at a fixed facility. “Expense of an emergency response, containment, cleanup, and abatement” includes the costs of replacing the chemicals that are used or damaged during an emergency response, containment, cleanup, and abatement. “Fixed facility” means any installation, structure, or premises, above ground or underground, in which hazardous materials are stored with a capacity to store more than 1,000 pounds of hazardous materials. “Fixed facility” does not include a farm or any building or structure associated with a farm. “Hazardous materials” means a substance or material in a quantity or form that the United States Secretary of Transportation designates may pose an unreasonable risk to health and safety of individuals or to property when transported in commerce. “Hazardous materials” includes any grouping or classification of materials, that the United States Secretary of Transportation designates as a hazardous material, including: Explosives; Radioactive materials; Etiologic agents; Flammable liquids or solids; Combustible liquids or solids; Poisons; Oxidizing or corrosive materials; and Compressed gases. “Highway” has the same meaning as provided in § 11-127 of the Transportation Article. “Motor carrier” means a common carrier by motor vehicle, contract carrier by motor vehicle, and private carrier by motor vehicle that carries a hazardous material in commerce. “Person in control”, with respect to a release or threatened release of hazardous materials at a fixed facility, means: The owner of the hazardous materials; and The owner or operator of the fixed facility involved in the release or threatened release of hazardous materials at the time of or immediately before the release or threatened release. “Volunteer fire company” includes a volunteer fire company, a volunteer hazardous material response team, a volunteer rescue squad, a volunteer ambulance squad, or any other volunteer organization designated by a local jurisdiction as a responder to a release or threatened release of hazardous materials.

A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident by a volunteer fire department, volunteer rescue squad, volunteer ambulance company, or the individual members of the department, squad, or company if the motor carrier: Transports a hazardous material in commerce on a highway in the State; and Is at fault and causes a traffic accident in the State that results in: A spill or discharge involving hazardous materials; and An emergency response, containment, cleanup, and abatement by the volunteer fire department, volunteer rescue squad, or volunteer ambulance company.

A person in control who is at fault is responsible for the expense of an emergency response, containment, cleanup, and abatement of a release or threatened release of hazardous materials at a fixed facility by a volunteer fire company, or the individual members of the volunteer fire company.

A motor carrier that is at fault and causes a traffic accident that results in a spill or discharge of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident. A person in control of a fixed facility who is at fault and who is involved in a release or threatened release of hazardous materials shall negotiate in good faith to reimburse a volunteer fire company for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the release or threatened release. If the negotiations under subsection (a)(1) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the motor carrier in a court of competent jurisdiction in the State. If the negotiations under subsection (a)(2) of this section do not resolve the dispute to the satisfaction of the parties, a volunteer fire company may file suit against the person in control in a court of competent jurisdiction in the State. At the request of a volunteer fire company, a local jurisdiction may file suit under this subtitle on behalf of the volunteer fire company. If a volunteer fire company is awarded damages under this subtitle, the court may also award reasonable attorney’s fees.

If a county or municipality purchased any personal protective equipment or chemicals for the use of a volunteer fire company, volunteer rescue squad, or volunteer ambulance company, any reimbursement under this subtitle for the expense of an emergency response, containment, cleanup, and abatement shall be paid to the county or municipality that supplied the equipment or chemicals. If a volunteer fire company, volunteer rescue squad, or volunteer ambulance company purchases any personal protective equipment or chemicals for the use of the volunteer fire company, volunteer rescue squad, or volunteer ambulance company, any reimbursement under this subtitle for the expense of an emergency response, containment, cleanup, and abatement shall be paid to the volunteer fire company, volunteer rescue squad, or volunteer ambulance company that supplies the equipment or chemicals. If an individual who works for a volunteer fire company, volunteer rescue squad, or volunteer ambulance company paid for the individual’s personal protective equipment, then the individual shall receive any reimbursement obtained under this subtitle.

This subtitle does not affect any liability or immunity of a volunteer fire company, a volunteer rescue squad, or the personnel of a volunteer fire company or volunteer rescue squad under § 5-604 of this article.

In this section, “farm vehicle” has the meaning stated in § 13-911 of the Transportation Article. This subtitle does not apply to a release of hazardous materials from a farm vehicle that is involved in a traffic accident. This section does not abrogate any statutory or common law right or cause of action of a person against the owner or operator of a farm vehicle that has been involved in a traffic accident involving a release of hazardous materials.

This subtitle does not abrogate any statutory or common law right or cause of action of a person against: A motor carrier that has been involved in a traffic accident involving a release of hazardous materials; or A person in control of a fixed facility involved in a release or threatened release of hazardous materials.

If a volunteer fire company attempts but is not able to provide for the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident, the incident commander at the scene of the traffic accident may request assistance from any other person, partnership, firm, association, corporation, or other entity that is experienced in the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident. Subject to a written memorandum of agreement between the Department of the Environment and the fire company, any costs incurred under subsection (a) of this section may be reimbursed from the State Hazardous Substance Control Fund under § 7-221 of the Environment Article. Any expenditure from the State Hazardous Substance Control Fund made in accordance with the provisions of this section shall be reimbursed to the Department by the person responsible for the release as provided under § 7-221 of the Environment Article.