Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
Statutes in effect as of October 1, 2026.
Md. Code Ann., Cts. & Jud. Proc. § 3-1201 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1201LinkCopy Citation
(a)
In this subtitle the following words have the meanings indicated.
(b)
(1)
“Expense of an emergency response, containment, cleanup, and abatement” means the reasonable costs associated with the repair or replacement of personal protective equipment:
(i)
Owned by:
(1)
A paid fire department; or
(2)
An authorized individual, whether paid or volunteer, who participates in an emergency response, containment, cleanup, and abatement by a paid fire department; and
(ii)
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.
(2)
“Expense of an emergency response” includes the reasonable costs of replacing the chemicals that are used or damaged during an emergency response, containment, cleanup, and abatement.
(c)
(1)
“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.
(2)
“Fixed facility” does not include a farm or any building or structure associated with a farm.
(d)
(1)
“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.
(2)
“Hazardous materials” includes any grouping or classification of materials, that the United States Secretary of Transportation designates as a hazardous material, including:
(i)
Explosives;
(ii)
Radioactive materials;
(iii)
Etiologic agents;
(iv)
Flammable liquids or solids;
(v)
Combustible liquids or solids;
(vi)
Poisons;
(vii)
Oxidizing or corrosive materials; and
(viii)
Compressed gases.
(e)
“Highway” has the same meaning as provided in § 11-127 of the Transportation Article.
(f)
“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.
(g)
“Paid fire department” includes a paid fire department, a paid rescue squad, a paid emergency medical service, a paid hazardous material response team, paid law enforcement, and a local department of public works designated by a local jurisdiction as a responder to a release or threatened release of hazardous materials, or as an assistant to a responder.
(h)
“Person in control”, with respect to a release or threatened release of hazardous materials at a fixed facility, means:
(1)
The owner of the hazardous materials; and
(2)
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.
Md. Code Ann., Cts. & Jud. Proc. § 3-1202 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1202LinkCopy Citation
A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement by a paid fire department if the motor carrier:
(1)
Transports a hazardous material in commerce on a highway in the State; and
(2)
Is at fault and causes a traffic accident in the State that results in:
(i)
A spill or discharge of hazardous materials; and
(ii)
An emergency response, containment, cleanup, and abatement by the paid fire department.
Md. Code Ann., Cts. & Jud. Proc. § 3-1202.1 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1202.1LinkCopy Citation
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 paid fire department.
Md. Code Ann., Cts. & Jud. Proc. § 3-1203 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1203LinkCopy Citation
(a)
(1)
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 paid fire department for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident.
(2)
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 paid fire department for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the release or threatened release.
(b)
(1)
If the negotiations under subsection (a)(1) of this section do not resolve the dispute to the satisfaction of the parties, a paid fire department may file suit against the motor carrier in a court of competent jurisdiction in the State.
(2)
If the negotiations under subsection (a)(2) of this section do not resolve the dispute to the satisfaction of the parties, a paid fire department may file suit against the person in control in a court of competent jurisdiction in the State.
Md. Code Ann., Cts. & Jud. Proc. § 3-1204 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1204LinkCopy Citation
This subtitle does not affect any liability or immunity of a paid fire company, a paid rescue squad, or the personnel of a paid fire company or paid rescue squad under § 5-604 of this article.
Md. Code Ann., Cts. & Jud. Proc. § 3-1205 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1205LinkCopy Citation
(a)
In this section, “farm vehicle” has the meaning stated in § 13-911 of the Transportation Article.
(b)
This subtitle does not apply to a release of hazardous materials from a farm vehicle that is involved in a traffic accident.
(c)
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.
Md. Code Ann., Cts. & Jud. Proc. § 3-1206 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1206LinkCopy Citation
This subtitle does not abrogate any statutory or common law right or cause of action of a person against:
(1)
A motor carrier that has been involved in a traffic accident involving a release of hazardous materials; or
(2)
A person in control of a fixed facility involved in a release or threatened release of hazardous materials.
Md. Code Ann., Cts. & Jud. Proc. § 3-1207 (2026)
Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 12. Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads
§ 3–1207LinkCopy Citation
(a)
If a paid 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.
(b)
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.
(c)
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.