<section article="gen" article_name="Environment" number="7-101" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <level label="a"> <text>In this subtitle the following terms have the meanings indicated.</text> </level> <level label="b"> <text>“Facility” means a location for use in connection with the transfer of a hazardous material beyond the threshold specified in § 7-103 of this subtitle from one mode of transportation to another.</text> </level> <level label="c"> <text>“Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.</text> </level> <level label="d"> <text>“Transfer” means the loading or unloading of a product or substance between one mode of transportation and another.</text> </level> </section> <section article="gen" article_name="Environment" number="7-102" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>Except for pesticides regulated by the Department of Agriculture, a person may not transfer a hazardous material at a facility in this State except in accordance with this title.</text> </section> <section article="gen" article_name="Environment" number="7-103" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <level label="a"> <text>A person shall hold a facility permit before the person may own, establish, operate, or maintain a facility in the State that transfers quantities of a single hazardous material that meets or exceeds 100,000 pounds in weight at any time during a calendar year.</text> </level> <level label="b"> <text>Any hazardous material or storage tank regulated under Title 4 of this article is exempt from the requirements of this subtitle.</text> </level> <level label="c"> <text>A separate facility permit is required for each facility that a person owns, establishes, maintains, or operates.</text> </level> </section> <section article="gen" article_name="Environment" number="7-104" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>The Secretary may adopt regulations to specify permitting procedures, set permitting fees, establish containment specifications, establish enforcement procedures, and establish any other procedures necessary to carry out the requirements of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="7-105" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>To apply for a facility permit, an applicant shall:</text> <level label="1"> <text>Submit an application to the Department on the form that the Department requires; and</text> </level> <level label="2"> <text>Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.</text> </level> </section> <section article="gen" article_name="Environment" number="7-106" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>As a prerequisite to the issuance of a facility permit, the Department shall require an applicant:</text> <level label="1"> <text>To provide evidence of financial ability to properly establish, operate, and maintain a facility;</text> </level> <level label="2"> <text>To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7-111 of this subtitle;</text> </level> <level label="3"> <text>To agree to permit access to the facility for the purposes of any inspection permitted or required under this subtitle; and</text> </level> <level label="4"> <text>To pay the permit fee assessed under § 7-107 of this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="7-107" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>The Department shall set each facility permit fee on the basis of:</text> <level label="1"> <text>The potential threat to the environment posed by the particular materials to be transferred at the facility;</text> </level> <level label="2"> <text>The anticipated cost of monitoring and regulating the facility;</text> </level> <level label="3"> <text>The anticipated cost of removing and properly disposing of any hazardous material that may escape from the facility; and</text> </level> <level label="4"> <text>The anticipated needs for program development activities that relate to management of hazardous materials.</text> </level> </section> <section article="gen" article_name="Environment" number="7-108" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <level label="a"> <text>Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at the time of issuance or renewal.</text> </level> <level label="b"> <text>Subject to § 7-110 of this subtitle, the Department may deny renewal of a facility permit if the permit holder:</text> <level label="1"> <text>Has violated any appropriate law, regulation, order, or permit condition;</text> </level> <level label="2"> <text>Has failed to pay to the Department the renewal fee set by the Department; or</text> </level> <level label="3"> <text>Has failed to submit to the Department a renewal application on the form the Department requires.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-109" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>Before the Department issues a facility permit, the Department shall give public notice of the application and provide opportunity for a public informational meeting.</text> </section> <section article="gen" article_name="Environment" number="7-110" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>The Department may deny an application for a facility permit or for a renewal of a facility permit if the Department finds that:</text> <level label="1"> <text>The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or</text> </level> <level label="2"> <text>The owner of the land or of the facility, or any person making application, has violated:</text> <level label="i"> <text>Any law of the federal government, of this or any other state, or of a local jurisdiction, concerning any hazardous material; or</text> </level> <level label="ii"> <text>Any regulation, order, or permit condition of the federal government, of this or any other state, or of any local jurisdiction, concerning any hazardous material.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-111" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>As a requirement for keeping the facility permit, each facility permit holder shall:</text> <level label="1"> <text>Maintain a bond or other security that the Department considers sufficient to cover any cost for:</text> <level label="i"> <text>Guaranteeing fulfillment of all requirements related to the facility permit;</text> </level> <level label="ii"> <text>Monitoring, maintaining, or closing the facility; and</text> </level> <level label="iii"> <text>Assuring the security of the facility after closing;</text> </level> </level> <level label="2"> <text>Design, construct, and operate the facility in the manner approved by the Department;</text> </level> <level label="3"> <text>Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;</text> </level> <level label="4"> <text>Report periodically on the hazardous material that is received and transferred by the facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature; and</text> </level> <level label="5"> <text>To the extent reasonably practicable, restore the facility site to its original condition if use as a facility is terminated.</text> </level> </section> <section article="gen" article_name="Environment" number="7-112" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <level label="a"> <text>The Secretary may enforce the provisions of this subtitle in the same manner as the provisions of Subtitle 2 of this title.</text> </level> <level label="b"> <text>For a violation of this subtitle a person shall be subject to the penalties listed in Subtitle 2 of this title.</text> </level> </section> <section article="gen" article_name="Environment" number="7-113" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>All fees and penalties collected by the Department under this subtitle shall be deposited in the State Hazardous Substance Control Fund established under § 7-218 of this title.</text> </section> <section article="gen" article_name="Environment" number="7-114" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="1" subtitle_name="Hazardous Materials"> <text>A person may not knowingly or recklessly submit false information to the Department under this subtitle.</text> </section> <section article="gen" article_name="Environment" number="7-201" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Controlled hazardous substance” means:</text> <level label="1"> <text>Any hazardous substance that the Department identifies as a controlled hazardous substance under this subtitle; or</text> </level> <level label="2"> <text>Low–level nuclear waste.</text> </level> </level> <level label="c"> <level label="1"> <text>“Controlled hazardous substance facility” means a disposal structure, system, or geographic area, designated by the Department for treatment, storage related to treatment or disposal, or disposal of controlled hazardous substances.</text> </level> <level label="2"> <text>“Controlled hazardous substance facility” includes:</text> <level label="i"> <text>A low–level nuclear waste facility; and</text> </level> <level label="ii"> <text>An operating landfill that, under § 7–232(b) of this subtitle, has a permit equivalent to a facility permit.</text> </level> </level> </level> <level label="d"> <text>“Controlled hazardous substance hauler” means a person who has a hauler certificate issued by the Department to transport controlled hazardous substances.</text> </level> <level label="e"> <text>“Controlled hazardous substance vehicle” means a vehicle that the Department has certified as suitable for use to transport controlled hazardous substances.</text> </level> <level label="f"> <text>“Controlled hazardous substance vehicle driver” means a person who operates a controlled hazardous substance vehicle.</text> </level> <level label="g"> <text>“Council” means the Controlled Hazardous Substances Advisory Council.</text> </level> <level label="h"> <text>“Discharge” means:</text> <level label="1"> <text>The addition, introduction, leaking, spilling, or emitting of a pollutant into the waters of this State; or</text> </level> <level label="2"> <text>The placing of a pollutant in a location where the pollutant is likely to pollute.</text> </level> </level> <level label="i"> <text>“Facility permit” means a permit issued by the Department to establish, operate, or maintain a controlled hazardous substance facility.</text> </level> <level label="j"> <text>“Federal act” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended through January 1, 2003.</text> </level> <level label="k"> <text>“Hauler certificate” means a certificate issued by the Department that permits a person to be a controlled hazardous substance hauler.</text> </level> <level label="l"> <text>“Hazardous substance” means any substance:</text> <level label="1"> <text>Defined as a hazardous substance under § 101(14) of the federal act; or</text> </level> <level label="2"> <text>Identified as a controlled hazardous substance by the Department in the Code of Maryland Regulations.</text> </level> </level> <level label="m"> <text>“Incineration” means thermal treatment or decomposition of a waste heat.</text> </level> <level label="n"> <text>“Lender” means a person who is:</text> <level label="1"> <text>A holder of a mortgage or deed of trust on a site or a security interest in property located on a site; or</text> </level> <level label="2"> <text>A holder of a mortgage or deed of trust who acquires title through foreclosure or deed in lieu of foreclosure.</text> </level> </level> <level label="o"> <text>“Low–level nuclear waste” means a substance that:</text> <level label="1"> <text>Contains or is contaminated with radioactive material emitting primarily beta or gamma radiation; and</text> </level> <level label="2"> <text>Is neither transuranic waste nor high–level nuclear waste.</text> </level> </level> <level label="p"> <text>“Low–level nuclear waste facility” means a controlled hazardous substance facility for low–level nuclear waste.</text> </level> <level label="q"> <text>“Low–level nuclear waste facility permit” means a facility permit issued by the Department for a low–level nuclear waste facility.</text> </level> <level label="r"> <text>“Person” includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State, and any of their units.</text> </level> <level label="s"> <text>“Release” means the addition, introduction, leaking, spilling, emitting, discharging, escaping, or leaching of any hazardous substance into the environment.</text> </level> <level label="t"> <level label="1"> <text>“Responsible person” means any person who:</text> <level label="i"> <text>Is the owner or operator of a vehicle or a site containing a hazardous substance;</text> </level> <level label="ii"> <text>At the time of disposal of any hazardous substance, was the owner or operator of any site at which the hazardous substance was disposed;</text> </level> <level label="iii"> <text>By contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of a hazardous substance owned or possessed by such person, by any other party or entity, at any site owned or operated by another party or entity and containing such hazardous substances; or</text> </level> <level label="iv"> <text>Accepts or accepted any hazardous substance for transport to a disposal or treatment facility or any sites selected by the person.</text> </level> </level> <level label="2"> <text>“Responsible person” does not include:</text> <level label="i"> <text>A person who can establish by a preponderance of the evidence that at the time the person acquired an interest in a site containing a hazardous substance the person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the site; however, any person claiming an exemption from liability under this subparagraph must establish that the person had no reason to know, in accordance with § 101(35)(B) of the federal act, and that the person satisfied the requirements of § 107(b)(3)(a) of the federal act;</text> </level> <level label="ii"> <text>A person who acquired a property containing a hazardous substance by inheritance or bequest at the death of the transferor;</text> </level> <level label="iii"> <text>A person who, without participating in the day–to–day management of a site containing a hazardous substance, holds indicia of ownership in the site or in property located on the site primarily to protect a valid and enforceable lien unless that person directly causes the discharge of a hazardous substance on or from the site;</text> </level> <level label="iv"> <text>A holder of a mortgage or deed of trust on a site containing a hazardous substance or a holder of a security interest in property located on the site who does not participate in the day–to–day management of the site unless that holder directly causes the discharge of a hazardous substance on or from the site;</text> </level> <level label="v"> <text>A fiduciary who has legal title to a site containing a hazardous substance or to property located on the site containing a hazardous substance for purpose of administering an estate or trust of which the site or property located on the site is a part unless the fiduciary:</text> <level label="1"> <text>Participates in the day–to–day management of the site or property; or</text> </level> <level label="2"> <text>Directly causes the discharge of a hazardous substance on or from the site;</text> </level> </level> <level label="vi"> <text>A holder of a mortgage or deed of trust who acquires title to a site containing a hazardous substance through foreclosure or deed in lieu of foreclosure who:</text> <level label="1"> <text>Does not participate in the day–to–day management of the site; and</text> </level> <level label="2"> <text>Does not directly cause the discharge of a hazardous substance on or from the site;</text> </level> </level> <level label="vii"> <text>Except in the case of gross negligence or willful misconduct, an owner or operator who is:</text> <level label="1"> <text>A state, county, or municipal government;</text> </level> <level label="2"> <text>Any other political subdivision of the State; or</text> </level> <level label="3"> <text>Any unit of a state, county, or municipal government or any other political subdivision;</text> </level> </level> <level label="viii"> <text>A holder of a mortgage or deed of trust who acquires title to an eligible property as defined in Subtitle 5 of this title subject to a written agreement in accordance with Subtitle 5 of this title provided that the holder complies with the requirements, prohibitions, and conditions of the agreement;</text> </level> <level label="ix"> <text>Subject to paragraph (3) of this subsection, a lender who extends credit for the performance of removal or remedial actions conducted in accordance with requirements imposed under this title who:</text> <level label="1"> <text>Has not caused or contributed to a release of hazardous substances; and</text> </level> <level label="2"> <text>Previous to extending that credit, is not a responsible person at the site;</text> </level> </level> <level label="x"> <text>Subject to paragraph (3) of this subsection, a lender who takes action to protect or preserve a mortgage or deed of trust on a site or a security interest in property located on a site at which a release or threatened release of a hazardous substance has occurred, by stabilizing, containing, removing, or preventing the release of a hazardous substance in a manner that does not cause or contribute to a release or significantly increase the threat of release of a hazardous substance at the site if:</text> <level label="1"> <text>The lender provides advance written notice of its actions to the Department or in the event of an emergency in which action is required within 2 hours, provides notice by telephone;</text> </level> <level label="2"> <text>The lender, previous to taking the action, is not a responsible person for the site; and</text> </level> <level label="3"> <text>The action taken does not violate a provision of this article; or</text> </level> </level> <level label="xi"> <text>A person who receives a response action plan approval letter as an inculpable person or the person’s successor in title who is also an inculpable person under Subtitle 5 of this title and who does not cause or contribute to new contamination or exacerbate existing contamination as provided in §§ 7–505 and 7–514 of this title.</text> </level> </level> <level label="3"> <text>A lender taking action to protect or preserve a mortgage or deed of trust or security interest in a property located on a site, who causes or contributes to a release of a hazardous substance shall be liable solely for costs incurred as a result of the release which the lender caused or to which the lender contributed unless the lender was a responsible person prior to taking the action.</text> </level> <level label="4"> <level label="i"> <text>Paragraph (2)(i) of this subsection does not affect the liability of a previous owner or previous operator of a site containing a hazardous substance if the previous owner or previous operator is a responsible person under paragraph (1)(ii) of this subsection.</text> </level> <level label="ii"> <text>Notwithstanding paragraph (2)(i) of this subsection, a person shall be treated as a responsible person if the person:</text> <level label="1"> <text>Obtained actual knowledge of the release or threatened release of a hazardous substance at a site when the person owned the real property; and</text> </level> <level label="2"> <text>Transferred ownership of the property after June 30, 1991 without disclosing this knowledge to the transferee.</text> </level> </level> <level label="iii"> <text>Nothing in paragraph (2)(i) of this subsection shall affect the liability under this subtitle of a person who, by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at a site which is the subject of the action relating to the site if at the time of the act or omission the person knew or had reason to know that the act or omission would cause or contribute to the release or threatened release of a hazardous substance.</text> </level> </level> <level label="5"> <text>Notwithstanding paragraph (2)(ii) of this subsection, a person shall be treated as a responsible person if the person:</text> <level label="i"> <text>Knew or had reason to know of the release or threatened release of a hazardous substance at the site; and</text> </level> <level label="ii"> <text>Transferred ownership of the property after June 30, 1991 without disclosing this knowledge to the transferee.</text> </level> </level> <level label="6"> <level label="i"> <text>For purposes of paragraph (2)(iii), (iv), (v), and (vi) of this subsection, “management” means directing or controlling operations, production or treatment of a hazardous substance, storage or disposal of a hazardous substance, or remediation of a hazardous substance release.</text> </level> <level label="ii"> <text>“Management” does not include rendering advice on financial matters, rendering financial assistance, or actions taken to protect or secure the site or property located on the site if the advice, assistance, or actions do not involve the treatment, storage, or disposal of a hazardous substance or remediation of a hazardous substance release.</text> </level> </level> <level label="7"> <text>A person who owns real property is not considered an owner or operator of a vehicle or site containing a hazardous substance under paragraph (1)(i) of this subsection solely by reason of contamination from a contiguous or otherwise similarly situated real property if:</text> <level label="i"> <text>The person does not own the contiguous or otherwise similarly situated real property;</text> </level> <level label="ii"> <text>The person’s real property is or may be contaminated by a release or threatened release of a hazardous substance from the contiguous to or otherwise similarly situated real property; and</text> </level> <level label="iii"> <text>The person meets the requirements of Section 107(q) of the federal act and any regulations adopted by the Department implementing or interpreting the requirements of that section.</text> </level> </level> </level> <level label="u"> <level label="1"> <text>“Solid waste” means any:</text> <level label="i"> <text>Abandoned material or substance which is disposed of, burned, or incinerated or accumulated, stored, or treated before or in lieu of being disposed of, burned, or incinerated;</text> </level> <level label="ii"> <text>Material or substance which is recycled or accumulated, stored, or treated before recycling; or</text> </level> <level label="iii"> <text>Material or substance which is considered inherently waste–like.</text> </level> </level> <level label="2"> <text>“Solid waste” does not include:</text> <level label="i"> <text>Domestic sewage that passes through a sewer system to a publicly owned treatment work for treatment;</text> </level> <level label="ii"> <text>Industrial wastewater discharges that are point source discharges permitted under §§ 9–324 through 9–332 of this article;</text> </level> <level label="iii"> <text>Irrigation return flows;</text> </level> <level label="iv"> <text>Materials subjected to in–situ mining techniques which are not removed from the ground as part of the extraction process; or</text> </level> <level label="v"> <text>Material that is excluded by any rule or regulation adopted under this subtitle.</text> </level> </level> </level> <level label="v"> <text>“Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries or more of transuranic activity per gram of waste.</text> </level> <level label="w"> <text>“Treatment” means any method, technique, or process, including neutralization, that is designed to change the physical, chemical, or biological character or composition of any controlled hazardous substance so as to neutralize or render the waste nonhazardous, safer for transport, or reduced in volume.</text> </level> <level label="x"> <text>“Vehicle certificate” means a certificate issued by the Department for a vehicle to be a controlled hazardous substance vehicle.</text> </level> </section> <section article="gen" article_name="Environment" number="7-202" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>This subtitle does not preempt any other authority conferred by statute on the Department of the Environment or any other department or agency of this State.</text> </section> <section article="gen" article_name="Environment" number="7-203" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The purpose of this subtitle is to provide additional and cumulative remedies to prevent, abate, and control pollution of the waters of this State, as “waters of this State” is defined in Title 9, Subtitle 1 of this article.</text> </section> <section article="gen" article_name="Environment" number="7-204" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>This subtitle does not take away the right of any person, as riparian owner or otherwise, in equity, at common law, or under statutory law to suppress a nuisance or abate pollution.</text> </section> <section article="gen" article_name="Environment" number="7-205" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>This section does not apply to Hawkins Point Controlled Hazardous Substance Landfill until July 1, 1985.</text> </level> <level label="b"> <text>A generator may not dispose of a controlled hazardous substance unless the generator demonstrates to the satisfaction of the Department that:</text> <level label="1"> <text>Recovery possibilities have been considered; and</text> </level> <level label="2"> <text>The controlled hazardous substance cannot be reasonably treated further to reduce the volume of or the hazard that the controlled hazardous substance poses to the environment.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-206" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Secretary shall have supervision and control of hazardous substances governed by this subtitle.</text> </level> <level label="b"> <text>In exercising responsibilities under this subtitle, the Secretary shall consider low-level nuclear waste separately.</text> </level> </section> <section article="gen" article_name="Environment" number="7-207" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In addition to the powers set forth elsewhere in this article, the Department may:</text> <level label="1"> <text>Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions;</text> </level> <level label="2"> <text>Issue, modify, or revoke orders and permits that prohibit the discharge of pollutants into the waters of this State or that require construction, modification, extension, or alteration of new or existing disposal systems or treatment works or parts of them;</text> </level> <level label="3"> <text>Through the Secretary or a hearing officer designated in writing by the Secretary, hold hearings, issue hearing notices and subpoenas that require the attendance of witnesses and production of evidence, administer oaths, and take necessary testimony;</text> </level> <level label="4"> <text>Require prior submission of plans, specifications, and other information that is relative to, and inspect construction of, disposal systems or treatment works or any part of them in connection with issuing permits or approvals required by this subtitle;</text> </level> <level label="5"> <text>Issue, modify, or revoke orders and permits to install, modify, or operate disposal systems or any parts of them;</text> </level> <level label="6"> <text>Require proper maintenance and operation of disposal systems; or</text> </level> <level label="7"> <text>Exercise every incidental power necessary to carry out the purposes of this subtitle.</text> </level> </level> <level label="b"> <text>In addition to the duties set forth elsewhere in this article, the Department shall:</text> <level label="1"> <text>Administer and enforce this subtitle and the rules, regulations, and orders adopted or issued under this subtitle; and</text> </level> <level label="2"> <text>Advise, consult, and cooperate with other units of this State, the federal government, other State and interstate agencies, affected groups, political subdivisions, and industries to carry out the provisions of this subtitle.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-208" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>With the advice of the Council, the Department shall adopt rules and regulations to carry out the provisions of this subtitle.</text> </level> <level label="b"> <text>Before adopting any rule or regulation that relates to substances governed by the Federal Insecticide, Fungicide, and Rodenticide Act, the Department shall submit the rule or regulation to the State Secretary of Agriculture for review and approval.</text> </level> <level label="c"> <text>In adopting any rule or regulation, the Department shall consider among other things:</text> <level label="1"> <text>Existing physical conditions;</text> </level> <level label="2"> <text>The character of an affected specific area;</text> </level> <level label="3"> <text>Zoning;</text> </level> <level label="4"> <text>The nature of any existing receiving body of water; and</text> </level> <level label="5"> <text>The technical feasibility and economic reasonableness of measuring or reducing a particular type of water pollution.</text> </level> </level> <level label="d"> <text>A rule or regulation under this subtitle may:</text> <level label="1"> <text>Apply to pollutant and hazardous substance sources located outside this State that cause, contribute to, or threaten environmental damage in this State;</text> </level> <level label="2"> <text>Make special provisions for alert and abatement standards and procedures for occurrences or emergencies of pollution or on other short term conditions that are an acute danger to public health or to the environment;</text> </level> <level label="3"> <text>Specify different provisions as circumstances require for different:</text> <level label="i"> <text>Pollutant, solid waste, and hazardous substance sources; and</text> </level> <level label="ii"> <text>Geographical areas; or</text> </level> </level> <level label="4"> <text>If an exemption is consistent with federal law or federal regulation, exempt persons from any requirements of this subtitle.</text> </level> </level> <level label="e"> <text>The Department by rule or regulation, shall:</text> <level label="1"> <text>Identify all hazardous substances that are controlled hazardous substances governed by this subtitle;</text> </level> <level label="2"> <text>Set standards and describe tests to identify lethal, toxic, and other injurious effects of controlled hazardous substances;</text> </level> <level label="3"> <text>Set minimum design standards for controlled hazardous substance facilities;</text> </level> <level label="4"> <text>Establish types and quantities of controlled hazardous substances that may be disposed of;</text> </level> <level label="5"> <text>Establish procedures for monitoring the generation, transportation, treatment, storage, or disposal of controlled hazardous substances;</text> </level> <level label="6"> <text>Set minimum requirements for the operation, maintenance, monitoring, reporting, and supervision of any controlled hazardous substance facility;</text> </level> <level label="7"> <text>Set requirements for receiving and applying for facility permits;</text> </level> <level label="8"> <text>Set standards for determining bond values and fees under this subtitle;</text> </level> <level label="9"> <text>Set health and safety standards that relate specifically to the site of a controlled hazardous substance facility after consideration of, among other things, the following:</text> <level label="i"> <text>Geology;</text> </level> <level label="ii"> <text>Seismology;</text> </level> <level label="iii"> <text>Hydrology;</text> </level> <level label="iv"> <text>Demography; and</text> </level> <level label="v"> <text>Climatology; and</text> </level> </level> <level label="10"> <text>By June 30, 1991, adopt by regulation a revised State Hazardous Substance Response Plan that establishes standards and procedures for actions taken under §§ 7-220 and 7-222 of this subtitle.</text> </level> </level> <level label="f"> <text>The revised State Hazardous Substance Response Plan shall at a minimum include:</text> <level label="1"> <text>Methods for discovering and investigating sites at which hazardous substances have been disposed of or otherwise come to be located;</text> </level> <level label="2"> <text>Methods for evaluating any releases or threats of releases which pose substantial danger to the public health or the environment;</text> </level> <level label="3"> <text>Factors to be considered in determining the type of response action which will be implemented, including the cost of implementing, maintaining, and operating the remedy; and</text> </level> <level label="4"> <text>Methods and criteria for determining the appropriate extent of removal, remedy, and other measures authorized by this title.</text> </level> </level> <level label="g"> <text>In addition to the other provisions of this section, in its rules and regulations that govern low-level nuclear waste, the Department shall:</text> <level label="1"> <text>Provide for the classification of low-level nuclear wastes by radionuclide content and level of radioactivity for different storage or disposal procedures;</text> </level> <level label="2"> <text>Provide for consultation with any affected political subdivision; and</text> </level> <level label="3"> <text>Set standards and procedures, including notice and hearing requirements, for revocation or suspension of a facility permit, a hauler certificate, or a vehicle certificate.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-209" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>By July 1, 1985, any generator generating greater than 100 kilograms of controlled hazardous substances during 1 calendar month shall notify the Secretary of:</text> <level label="i"> <text>The identity of the controlled hazardous substance;</text> </level> <level label="ii"> <text>The location of generation; and</text> </level> <level label="iii"> <text>The method of treatment and disposal of controlled hazardous substances.</text> </level> </level> <level label="2"> <text>Generators that have previously provided the United States Environmental Protection Agency (EPA) or the State with the information under this subsection are not required to file this notification.</text> </level> </level> <level label="b"> <level label="1"> <text>On or after July 1, 1985, any controlled hazardous substance that is part of a total quantity generated by a generator producing greater than 100 kilograms during 1 calendar month and that is shipped off the premises on which the controlled hazardous substance is generated shall be accompanied by a copy of a controlled hazardous substance manifest form signed by the generator.</text> </level> <level label="2"> <text>This form shall contain the following information:</text> <level label="i"> <text>A manifest document number;</text> </level> <level label="ii"> <text>The generator’s name, mailing address, telephone number, and EPA identification number;</text> </level> <level label="iii"> <text>The name and EPA identification number of each transporter;</text> </level> <level label="iv"> <text>The name, address, and EPA identification number of the facility designated to receive the waste;</text> </level> <level label="v"> <text>The United States Department of Transportation description of the waste, as required by 49 C.F.R. 172.201, 172.202 and 172.203;</text> </level> <level label="vi"> <text>The quantity of waste being transported;</text> </level> <level label="vii"> <text>The number and type of containers; and</text> </level> <level label="viii"> <text>Any other information considered necessary by the Department.</text> </level> </level> </level> <level label="c"> <text>Any generator generating greater than 100 kilograms of controlled hazardous substances during 1 calendar month is subject to all applicable rules and regulations adopted under § 7-208(e) of this subtitle with the exceptions that the Secretary considers necessary.</text> </level> </section> <section article="gen" article_name="Environment" number="7-211" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>There is a Controlled Hazardous Substance Advisory Council in the Department.</text> </level> <level label="b"> <text>The Controlled Hazardous Substance Advisory Council shall meet only at the request of the Secretary.</text> </level> </section> <section article="gen" article_name="Environment" number="7-212" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>The Council consists of 13 members.</text> </level> <level label="2"> <text>Of the 13 members, 10 shall be appointed by the Governor with the advice of the Secretary as follows:</text> <level label="i"> <text>1 shall be the pesticides coordinator or the pesticides coordinator’s designee for the Cooperative Extension Service of the University of Maryland;</text> </level> <level label="ii"> <text>1 shall be from the State Department of Agriculture;</text> </level> <level label="iii"> <text>1 shall be from the Maryland Department of Labor, Division of Labor and Industry;</text> </level> <level label="iv"> <text>1 shall be from the Department of Natural Resources;</text> </level> <level label="v"> <text>1 shall be the State Fire Marshal or the State Fire Marshal’s designee;</text> </level> <level label="vi"> <text>1 shall be from an industry that generates hazardous substances;</text> </level> <level label="vii"> <text>1 shall be from the hazardous substance disposal and management industry;</text> </level> <level label="viii"> <text>1 shall be from an industry that generates low–level nuclear waste;</text> </level> <level label="ix"> <text>1 shall be from the low–level nuclear waste management industry; and</text> </level> <level label="x"> <text>1 shall be an individual who is engaged in the business of resource recovery.</text> </level> </level> <level label="3"> <text>Of the 13 members, 3 shall be public members appointed by the Governor with the advice and consent of the Senate.</text> </level> </level> <level label="b"> <text>A public member may not be an individual who otherwise qualifies for membership under subsection (a)(2) of this section.</text> </level> <level label="c"> <level label="1"> <text>The term of a member is 10 years.</text> </level> <level label="2"> <text>Except for an ex officio member, the terms of members are staggered as required by the terms provided for members of the Council on July 1, 1982.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-213" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>From among the public members, the Council shall elect a chairperson.</text> </section> <section article="gen" article_name="Environment" number="7-214" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>A member of the Council:</text> <level label="1"> <text>May not receive compensation as a member of the Council; but</text> </level> <level label="2"> <text>Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </section> <section article="gen" article_name="Environment" number="7-215" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Council shall advise and assist the Department in:</text> <level label="1"> <text>Identifying any hazardous substance as a controlled hazardous substance;</text> </level> <level label="2"> <text>Developing rules and regulations for the management and disposal of controlled hazardous substances; and</text> </level> <level label="3"> <text>Developing separate rules and regulations that relate to management and disposal of low-level nuclear wastes.</text> </level> </section> <section article="gen" article_name="Environment" number="7-218" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>There is a State Hazardous Substance Control Fund.</text> </section> <section article="gen" article_name="Environment" number="7-219" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>All application and permit fees, renewal fees, transporting vehicle certification fees, and all other funds collected by the Department under this subtitle, including any civil or administrative penalty or any fine imposed by a court under the provisions of this subtitle, shall be paid into the State Hazardous Substance Control Fund.</text> </section> <section article="gen" article_name="Environment" number="7-220" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Department shall use the State Hazardous Substance Control Fund for activities by the Department and by any local or State agency, with the approval of the Department that are related to identifying, monitoring, and controlling the proper disposal, storage, transportation, or treatment of hazardous substances, including program development for these activities.</text> </level> <level label="b"> <text>There shall be a separate account within the State Hazardous Substance Control Fund of moneys made available under loan authorizations or by funds appropriated in the State budget for:</text> <level label="1"> <text>All costs incurred by the State for removal, restoration, or remedial action, including the restoration of natural resources where feasible, and site maintenance and monitoring in response to a release or threatened release of any hazardous substance, to the extent the costs are not reimbursable under the federal act;</text> </level> <level label="2"> <text>All cost incurred by the State in monitoring and assessing the effect on public health and natural resources of any site at which a hazardous substance is or may be present, including the costs of any subsurface borings and any analysis of samples taken, the costs of investigations conducted for the purpose of defining necessary remedial action, and the costs of litigation expenses incurred in obtaining reimbursement for expenditures;</text> </level> <level label="3"> <text>The State share mandated under § 104(c)(3) of the federal act;</text> </level> <level label="4"> <text>All cost incurred in providing public information concerning a site that does or may contain a hazardous substance; and</text> </level> <level label="5"> <text>Costs resulting from releases or threatened releases of hazardous substances whether or not the hazardous substance was placed at the site, released, or threatened to be released before July 1, 1985.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-221" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>All expenditures from the State Hazardous Substance Control Fund made by the Department under § 7-220(b) of this subtitle in response to a release or a threatened release of a hazardous substance at a particular site shall be reimbursed to the Department for the State Hazardous Substance Control Fund by the responsible person for the release or the threatened release.</text> </level> <level label="b"> <level label="1"> <text>In addition to any other legal action authorized by this subtitle, the Attorney General may bring an action to recover costs and interest from any responsible person who fails to make a reimbursement as required under subsection (a) of this section.</text> </level> <level label="2"> <level label="i"> <text>In an action under paragraph (1) of this subsection to recover costs, the State shall make a good faith effort to identify and seek recovery against all responsible persons.</text> </level> <level label="ii"> <text>The State shall seek recovery on an apportionment basis in accordance with a person’s contribution to the situation or problem, when there is a reasonable basis for determining the contribution of a responsible person.</text> </level> <level label="iii"> <text>Reimbursement in any other case shall not be apportioned.</text> </level> </level> </level> <level label="c"> <text>The Department may recover costs for the Fund resulting from releases or threatened releases of hazardous substances whether or not the hazardous substance was placed at the site, released, or threatened to be released before July 1, 1985.</text> </level> <level label="d"> <text>Except as otherwise provided in subsection (b) of this section, a person who is liable for a release or threatened release of a hazardous substance under this subtitle is subject to the Uniform Contribution Among Tort-Feasors Act under Title 3, Subtitle 14 of the Courts Article, including a right of contribution, as if that person had caused an injury in tort.</text> </level> <level label="e"> <text>A responsible person against whom a legal action is brought under subsection (b) of this section for a release or threatened release of a hazardous substance may move to join any other responsible person under the Maryland Rules.</text> </level> <level label="f"> <text>Upon request by the Department, and after reasonable notice, a person shall provide to the Department any existing information or documents relating to:</text> <level label="1"> <text>The identification, nature, and quantity of any hazardous substance which is or has been generated, treated, stored, or disposed of at a site or facility, or transported to a site or facility; and</text> </level> <level label="2"> <text>The nature or extent of a release of a hazardous substance at or from a site or facility.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-222" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>If any hazardous substance is released or there is a substantial threat of a release into the environment, unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of the facility from which the release or threat of release emanates, or by any other responsible party, the Secretary may:</text> <level label="1"> <text>Enter any site or facility to carry out the provisions of this section; and</text> </level> <level label="2"> <level label="i"> <text>Act consistent with the State Hazardous Substance Response Plan to remove or arrange for the removal of and provide for remedial action relating to the hazardous substance at any time, including its removal from any contaminated natural resources;</text> </level> <level label="ii"> <text>When the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment, take any other response measure consistent with the State Hazardous Substance Response Plan necessary to protect the public health or welfare or the environment; or</text> </level> <level label="iii"> <text>In addition to any other action authorized under this subtitle, when the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or to the environment, issue orders to or seek injunctive relief against responsible persons as may be necessary to protect the public health and welfare or the environment.</text> </level> </level> </level> <level label="b"> <text>The Department in any removal or remedial action under this subtitle may not duplicate removal or remedial actions taken under the federal act.</text> </level> <level label="c"> <text>If entry to enable the Secretary to carry out the provisions of this section is denied, the Secretary may:</text> <level label="1"> <text>Obtain a search warrant pursuant to § 7–256.1 of this subtitle; or</text> </level> <level label="2"> <text>Obtain an injunction to enter.</text> </level> </level> <level label="d"> <level label="1"> <text>On or after October 1, 2009, a responsible person that possesses a sample result or other environmental assessment that indicates the release of a hazardous substance into the environment, at or above a threshold established in accordance with paragraph (2) of this subsection, shall report the finding immediately to the Department.</text> </level> <level label="2"> <text>In determining a reportable threshold of a release of a hazardous substance, the Department shall consider:</text> <level label="i"> <text>The quantity of a hazardous substance;</text> </level> <level label="ii"> <text>The associated risk factors of a hazardous substance; and</text> </level> <level label="iii"> <text>Any other factor determined necessary by the Department.</text> </level> </level> <level label="3"> <text>On or before June 30, 2009, the Department shall adopt regulations to implement the provisions of this subsection.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-223" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>By July 1, 1984, the Department shall publish a master list of all sites at which the Department has reason to believe or has been notified that controlled hazardous substances may be present.</text> </level> <level label="b"> <text>The master list shall be updated periodically.</text> </level> <level label="c"> <level label="1"> <text>By July 1, 1984, and each 6 months thereafter, the Department shall publish a list of proposed sites from the master list at which the Department intends to conduct preliminary site assessments.</text> </level> <level label="2"> <text>The list of proposed sites shall contain at least:</text> <level label="i"> <text>A general description of the site, including its geographical location;</text> </level> <level label="ii"> <text>The basis for its listing, including the identity and quantity of controlled hazardous substances thought to be present, if known; and</text> </level> <level label="iii"> <text>The status or findings of the preliminary site assessment.</text> </level> </level> <level label="3"> <text>The Department shall conduct a preliminary site assessment of sites within 6 months of their initial listing. The preliminary site assessment shall provide the basis for listing a site on the disposal site registry.</text> </level> </level> <level label="d"> <level label="1"> <text>By January 1, 1985, the Department shall publish a State Hazardous Substance Response Plan that shall set forth procedures and standards for responding to releases of hazardous substances.</text> </level> <level label="2"> <text>The State Hazardous Substance Response Plan to the greatest extent practicable shall be consistent with the National Contingency Plan established under § 105 of the federal act.</text> </level> </level> <level label="e"> <level label="1"> <text>The State Hazardous Substance Response Plan shall set forth the criteria for the final listing of sites and for ranking sites that require site investigation, restoration, and remedial action under this article.</text> </level> <level label="2"> <text>The criteria shall take into account factors relating to public health and the environment, including:</text> <level label="i"> <text>Potential hazards to public health and the environment;</text> </level> <level label="ii"> <text>The risk of fire or explosion;</text> </level> <level label="iii"> <text>Toxic hazards; and</text> </level> <level label="iv"> <text>The criteria established under § 105(8) of the federal act.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>By January 1, 1986, the Secretary shall publish and revise at least annually a listing of hazardous waste sites, to be known as the disposal site registry.</text> </level> <level label="2"> <text>The disposal site registry shall rank sites in priority for State remedial action, and include the following information with regard to each site:</text> <level label="i"> <text>A general description of the site, including its location, acreage, adjacent waterways, and estimates of the identity and the quantity of any controlled hazardous substance present;</text> </level> <level label="ii"> <text>An assessment by the Department of any threat to public health or natural resources posed by the site;</text> </level> <level label="iii"> <text>The status of any removal, restoration, or other remedial actions in progress or recommended by the Department;</text> </level> <level label="iv"> <text>An assessment of the relative priority of the need for removal, restoration, or other remedial action at each site; and</text> </level> <level label="v"> <text>A proposed time frame for site investigation and any necessary remedial action.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-224" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Except as otherwise permitted in Title 9, Subtitle 3 of this article, a person may not store, discharge, treat, or dispose of a controlled hazardous substance in this State except:</text> <level label="1"> <text>In a controlled hazardous substance facility; and</text> </level> <level label="2"> <text>In accordance with this subtitle.</text> </level> </level> <level label="b"> <text>A person may not treat or discharge low-level nuclear waste or establish or operate a facility for the storage or disposal of low-level nuclear waste except in accordance with this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="7-225" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In this section, “high-level nuclear waste” means:</text> <level label="1"> <text>Spent nuclear reactor fuel;</text> </level> <level label="2"> <text>Liquid waste that results from the operation, in a facility for reprocessing spent nuclear fuel, of a first cycle solvent extraction system or an equivalent system;</text> </level> <level label="3"> <text>Concentrated waste from the operation, in a facility for reprocessing spent nuclear reactor fuel, of a subsequent cycle solvent extraction system or an equivalent system; or</text> </level> <level label="4"> <text>Any solid into which any waste that is described in item (2) or (3) of this subsection has been converted.</text> </level> </level> <level label="b"> <text>This section does not apply to the federal government, this State, any county, municipal corporation, or other political subdivision of this State, or any of their units.</text> </level> <level label="c"> <text>Except as expressly otherwise required by federal law, a person may not establish or operate a high-level nuclear waste facility for the treatment, permanent storage, or disposal of any high-level nuclear waste or transuranic waste.</text> </level> </section> <section article="gen" article_name="Environment" number="7-226" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>This section does not apply to any controlled hazardous substance that is:</text> <level label="1"> <text>Used for residential purposes; or</text> </level> <level label="2"> <text>Regulated by the State Department of Agriculture.</text> </level> </level> <level label="b"> <text>Any person who generates, uses, treats, stores, or disposes of a controlled hazardous substance at any time after 6 months from the date the Department issues a rule or regulation that identifies the hazardous substance to be a controlled hazardous substance shall file a report with the Department.</text> </level> <level label="c"> <text>The report required by this section:</text> <level label="1"> <text>Shall be filed within a time set by the Department;</text> </level> <level label="2"> <text>Shall be on the form provided by the Department; and</text> </level> <level label="3"> <text>Shall include the following information about the controlled hazardous substance, if applicable:</text> <level label="i"> <text>Name of the hazardous substance.</text> </level> <level label="ii"> <text>Volume.</text> </level> <level label="iii"> <text>Quantity.</text> </level> <level label="iv"> <text>Level and kind of radioactivity.</text> </level> <level label="v"> <text>Half-life.</text> </level> <level label="vi"> <text>Manner of management.</text> </level> <level label="vii"> <text>Manner of disposal.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-227" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>On behalf of this State, the Governor may negotiate an interstate compact for the storage or disposal of low-level nuclear wastes on a regional basis.</text> </level> <level label="b"> <text>Unless federal law provides otherwise, any interstate compact negotiated under this section shall include provisions that limit the storage or disposal of any low-level nuclear waste under the interstate compact to low-level nuclear wastes produced in states that are members of the interstate compact.</text> </level> </section> <section article="gen" article_name="Environment" number="7-228" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>On behalf of this State and in accordance with the Real Property Article, the Department may acquire, by condemnation, any interest in land or facility if the Department determines that:</text> <level label="1"> <text>The condemnation is necessary to perform the duties imposed by this subtitle or for any other purpose authorized under this subtitle;</text> </level> <level label="2"> <text>The land or facility poses a substantial threat to the public health; or</text> </level> <level label="3"> <text>Any future disturbance of the land would pose a substantial threat to the natural resources of this State.</text> </level> </level> <level label="b"> <text>On behalf of this State, the Department may recover the cost of acquiring any land or facility which is acquired through condemnation under this section from any responsible person.</text> </level> <level label="c"> <level label="1"> <text>If an interest in land that was acquired under this section is not needed to carry out the provisions of this subtitle, the Department shall dispose of the land as soon as practicable.</text> </level> <level label="2"> <text>The Department first shall offer the interest in land to the prior owner who shall have the right to purchase the land from the Department by paying the same amount paid by the Department to that owner at the time of condemnation.</text> </level> <level label="3"> <text>If the prior owner does not exercise the rights conferred by this subsection, the Department shall dispose of the interest in land through public sale, taking into account the following factors:</text> <level label="i"> <text>The full recovery of any expenditures from the State Hazardous Substance Control Fund;</text> </level> <level label="ii"> <text>To the extent practicable, the sale of the interest in land shall be at the fair market value;</text> </level> <level label="iii"> <text>The effect of the sale on surrounding land values or uses; and</text> </level> <level label="iv"> <text>The potential for public use of the interest in land by another public agency.</text> </level> </level> <level label="4"> <text>If the State recovers the cost of acquisition from any person under subsection (b) of this section, the State shall reimburse that person out of the proceeds of the sale of the interest in land.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-229" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>A person who is called on for assistance in an emergency has the immunity from civil liability or penalty described under § 5-617 of the Courts and Judicial Proceedings Article as a result of assistance or advice rendered in:</text> <level label="1"> <text>Mitigating the effects of an actual or threatened discharge of a hazardous substance or material;</text> </level> <level label="2"> <text>Preventing a discharge of a hazardous substance or material;</text> </level> <level label="3"> <text>Cleaning up a discharge of a hazardous substance or material; or</text> </level> <level label="4"> <text>Attempting any of the acts in this subsection.</text> </level> </section> <section article="gen" article_name="Environment" number="7-232" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>A person shall hold a facility permit before the person may own, establish, operate, or maintain a controlled hazardous substance facility in this State.</text> </level> <level label="b"> <text>Subject to § 7-233 of this subtitle, if the Department determines that a permit issued under Title 9, Subtitle 2 of this article is sufficient to carry out the purposes of this subtitle, that permit shall be considered a facility permit for purposes of this subtitle, subject to the fee and other provisions of this subtitle.</text> </level> <level label="c"> <text>A separate facility permit is required for each controlled hazardous substance facility that a person owns, establishes, maintains, or operates.</text> </level> </section> <section article="gen" article_name="Environment" number="7-233" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Department may not issue a low-level nuclear waste facility permit to a person unless:</text> <level label="1"> <text>The person meets the requirements of this subtitle for a low-level nuclear waste facility permit; and</text> </level> <level label="2"> <level label="i"> <text>The low-level nuclear waste facility permit conforms to any interstate low-level nuclear waste disposal compact of which this State is a member;</text> </level> <level label="ii"> <text>The Governor issues an executive order under § 7-234 of this subtitle; or</text> </level> <level label="iii"> <text>The Department determines under standards set by its rules or regulations that:</text> <level label="1"> <text>The half-life or specific activity of the low-level nuclear waste is such that within a period of not more than 6 months, the low-level nuclear waste will not require special handling, special subsurface disposal, or special storage; and</text> </level> <level label="2"> <text>The low-level nuclear waste can be disposed of in the same manner as other hazardous substances or handled as conventional waste.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-234" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Governor may issue an executive order that allows the Department to issue a low-level nuclear waste facility permit if the Governor finds that there is a substantial likelihood that the absence of a low-level nuclear waste facility, inside or outside this State, will:</text> <level label="1"> <text>Cause a cessation in this State of power generation, medical treatments, medical diagnosis, scientific research, or other activity that relies on nuclear sources; or</text> </level> <level label="2"> <text>Otherwise present a serious threat to public safety or health.</text> </level> </level> <level label="b"> <text>The Governor shall submit each executive order issued under this section to the General Assembly at a regular or special session.</text> </level> <level label="c"> <text>Unless an executive order issued under this section is disapproved specifically by a resolution in which a majority of the members of each house concur, an executive order issued under this section is effective 30 days after the date the executive order is submitted to the General Assembly.</text> </level> </section> <section article="gen" article_name="Environment" number="7-235" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>To apply for a facility permit, an applicant shall:</text> <level label="1"> <text>Submit an application to the Department on the form that the Department requires; and</text> </level> <level label="2"> <text>Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.</text> </level> </section> <section article="gen" article_name="Environment" number="7-236" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>As a prerequisite to the issuance of a facility permit, the Department shall require an applicant:</text> <level label="1"> <text>To provide evidence of financial ability to properly establish, operate, and maintain a controlled hazardous substance facility;</text> </level> <level label="2"> <text>To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7–242 of this subtitle;</text> </level> <level label="3"> <text>To agree to permit access to the controlled hazardous substance facility for the purposes of any inspection permitted or required under this subtitle; and</text> </level> <level label="4"> <text>To pay the permit fee assessed under § 7–237 of this subtitle.</text> </level> </level> <level label="b"> <text>In addition to the requirements of subsection (a) of this section, the Department shall require an applicant for a permit for a low–level nuclear waste facility to report to the Department the extent and nature of its training program for the safe handling of low–level nuclear waste.</text> </level> </section> <section article="gen" article_name="Environment" number="7-237" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Department shall set each facility permit fee on the basis of:</text> <level label="1"> <text>The threat to the environment posed by the particular controlled hazardous substance that is to be treated, stored, or disposed of in the controlled hazardous substance facility;</text> </level> <level label="2"> <text>The anticipated cost of monitoring and regulating the controlled hazardous substance facility;</text> </level> <level label="3"> <text>The anticipated cost of removing and properly disposing of any controlled hazardous substance that may escape from the controlled hazardous substance facility; and</text> </level> <level label="4"> <text>The anticipated needs for program development activities that relate to management of controlled hazardous substances.</text> </level> </section> <section article="gen" article_name="Environment" number="7-238" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at issuance or renewal.</text> </level> <level label="2"> <text>Unless the controlled hazardous substance facility is a low-level nuclear waste facility, the Department may not issue a facility permit for a term longer than 10 years. The Department may issue a low-level nuclear waste facility permit for a term not longer than 5 years.</text> </level> </level> <level label="b"> <text>The Department may renew a facility permit if the permit holder:</text> <level label="1"> <text>Has complied with all appropriate rules and regulations;</text> </level> <level label="2"> <text>Pays to the Department the renewal fee set by the Department; and</text> </level> <level label="3"> <text>Submits to the Department a renewal application on the form the Department requires.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-239" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Before the Department issues a controlled hazardous substance facility permit, the Department and the applicant shall comply with Title 1, Subtitle 6 of this article.</text> </level> <level label="b"> <text>Before the Department issues a low–level nuclear waste facility permit:</text> <level label="1"> <text>The Department and the applicant shall comply with Title 1, Subtitle 6 of this article; and</text> </level> <level label="2"> <text>The Department shall conduct any public hearing required by § 1–604 of this article:</text> <level label="i"> <text>Using teleconference or Internet–based conferencing technology; or</text> </level> <level label="ii"> <text>In person in the county where the proposed facility is to be located.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-239.1" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In §§ 7–239.1 through 7–239.5 of this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Chemical warfare material” means any of the following:</text> <level label="i"> <text>Adamsite (Phenarsazine chloride);</text> </level> <level label="ii"> <text>GA (Ethyl–N, N–dimethyl phosphoramidocyanidate);</text> </level> <level label="iii"> <text>GB (Isopropyl methyl phosphonofluoridate);</text> </level> <level label="iv"> <text>GD (Pinacolyl methylphosphonofluoridate);</text> </level> <level label="v"> <text>H, HD (Bis(2–chloroethyl) sulfide);</text> </level> <level label="vi"> <text>HT (60 percent HD and 40 percent T (Bis[2(2–chloroethyl– thio)ethyl]ester));</text> </level> <level label="vii"> <text>L (Dichloro(2–chlorovinyl)arsine);</text> </level> <level label="viii"> <text>T (2–2’ Di (3–chloroethylthio)–diethyl ether); or</text> </level> <level label="ix"> <text>VX (O–ethyl–S–(2–diisopropylaminoethyl) methyl phosphonothiolate).</text> </level> </level> <level label="2"> <text>“Chemical warfare material” includes any substance that has chemical warfare material as an active or principal ingredient or ingredients, and degradation products of chemical warfare material.</text> </level> </level> <level label="c"> <text>“Maximum credible event” means a hypothetical, worst–case explosion, fire, or toxic agent release that is realistically possible.</text> </level> <level label="d"> <level label="1"> <text>“Monitoring data” means data from actual stack emissions under all operating conditions at a controlled hazardous substance facility.</text> </level> <level label="2"> <text>“Monitoring data” does not include trial burn data or data derived from incineration of agent simulants.</text> </level> </level> <level label="e"> <text>“Research facility” means a facility designated by the U.S. Department of Defense for the research, development, and demonstration of technologies related to chemical warfare materials.</text> </level> </section> <section article="gen" article_name="Environment" number="7-239.2" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The State of Maryland finds that the chemical warfare materials specified under § 7–239.1 of this subtitle were designed for warfare, specifically the destruction of human beings, and for no legitimate civilian industrial use.</text> </level> <level label="b"> <text>The State recognizes the need to dispose of these chemical warfare materials as safely as possible, ensuring the health and safety of State residents by the regulation of their release into the environment.</text> </level> <level label="c"> <text>Since these chemical warfare materials are highly toxic or carcinogenic, in addition to any other applicable requirements at law, the State shall require that an applicant for the treatment by incineration of chemical warfare materials shall comply with all applicable requirements of this subtitle and all applicable regulations adopted under this subtitle.</text> </level> <level label="d"> <text>Nothing in this section or in §§ 7–239.3 through 7–239.5 of this subtitle shall limit the authority of the Department to apply regulations adopted under this subtitle to a chemical warfare material that is a controlled hazardous substance.</text> </level> </section> <section article="gen" article_name="Environment" number="7-239.3" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>A chemical warfare material that is a solid waste is a controlled hazardous substance.</text> </level> <level label="b"> <level label="1"> <text>Subject to § 7–239.5 of this subtitle, this subsection does not apply to the incineration of chemical warfare materials at a research facility if the incineration is done for research, development, or demonstration purposes.</text> </level> <level label="2"> <text>In addition to any other applicable requirements, the Department may not issue a permit for the construction, material alteration, or operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material unless:</text> <level label="i"> <text>The permit applicant demonstrates to the satisfaction of the Department prior to issuance of a controlled hazardous substance facility permit:</text> <level label="1"> <text>That the proposed incinerator technology has consistently met all applicable federal and State performance standards in an operational facility comparable to the proposed facility for a period of time and under conditions acceptable to the Department;</text> </level> <level label="2"> <text>That emissions and monitoring data from a comparable facility demonstrate compliance with State toxic air pollutant standards established under Title 2 of this article;</text> </level> <level label="3"> <text>That a destruction and removal efficiency of 99.9999 percent is achievable for each chemical warfare material to be incinerated at the facility;</text> </level> <level label="4"> <text>That the applicant has made adequate provision to support and fund the development of a plan that demonstrates the capability of removing, sheltering, and protecting persons from the largest area at risk from a worst–case release, as defined by the Department;</text> </level> <level label="5"> <text>That an emergency preparedness plan has been developed with adequate public participation that provides training, coordination, and equipment necessary for State and local emergency response personnel and community members to respond to a release of a chemical warfare material from the proposed facility; and</text> </level> <level label="6"> <text>That the emergency preparedness plan has been presented at public meetings in each county potentially impacted by a worst–case release;</text> </level> </level> <level label="ii"> <text>The Department finds that the applicant has fully evaluated all reasonable alternative methods for treatment or disposal including transport to a less populated disposal site in order to create less risk of release or harm to the general public or the environment; and</text> </level> <level label="iii"> <text>The local governing body of each county and municipal corporation included in the worst–case release has a reasonable opportunity to review and provide comment on the facility permit application and the emergency preparedness plan under item (i)5 of this paragraph.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-239.4" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Subject to § 7–239.5 of this subtitle, this section does not apply to the incineration of chemical warfare materials at a research facility if the incineration is done for research, development, or demonstration purposes.</text> </level> <level label="b"> <text>The Department shall require as conditions of operation of a controlled hazardous substance facility to be used for the treatment by incineration of a chemical warfare material that:</text> <level label="1"> <text>Treatment by incineration be monitored on a continuous basis;</text> </level> <level label="2"> <text>Monitoring data be regularly reviewed by a qualified independent third party selected by the Department; and</text> </level> <level label="3"> <text>Monitoring data and reviews be reported to the Department in the manner and frequency determined appropriate by the Department.</text> </level> </level> <level label="c"> <text>Any permit issued under this section shall be for a quantity that is specifically identified and:</text> <level label="1"> <text>May be renewed for good cause as to the length of time for completion of the incineration authorized under the permit; but</text> </level> <level label="2"> <text>May not be modified as to the amount of controlled hazardous substance to be destroyed.</text> </level> </level> <level label="d"> <text>After destruction of the specific quantity of the controlled hazardous substance allowed by the terms of the permit issued under this section, the incinerator shall be disassembled and disposed of in accordance with all applicable federal and State performance standards and in a time period established by the permit.</text> </level> <level label="e"> <text>In addition to the facility permit fee required under § 7–237 of this subtitle, the applicant shall pay the compensation of an independent third party with whom the Department may contract for the review of application materials and monitoring data.</text> </level> </section> <section article="gen" article_name="Environment" number="7-239.5" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>The Department may issue a research, development, and demonstration permit for the incineration of chemical warfare materials at a research facility in accordance with this section.</text> </level> <level label="2"> <text>The requirements of this section are in addition to any general requirements for research, development, and demonstration permits, including general requirements related to public participation in the permitting process.</text> </level> <level label="3"> <text>The Department may not issue a permit under this section unless:</text> <level label="i"> <text>The permit applicant demonstrates to the satisfaction of the Department prior to the issuance of the permit that:</text> <level label="1"> <text>The applicant has made adequate provisions to support and fund the development of a plan that demonstrates the capability of evacuating, sheltering, and protecting persons from the largest area at risk from a maximum credible event, as determined by the Department;</text> </level> <level label="2"> <text>An emergency preparedness plan has been developed that enumerates the training, coordination, and equipment necessary for State and local emergency response personnel and community members to respond to a release of a chemical warfare material from the research facility; and</text> </level> <level label="3"> <text>The emergency preparedness plan has been developed with adequate public participation and presented at public meetings in each county potentially impacted by a maximum credible event; and</text> </level> </level> <level label="ii"> <text>The local governing body of each county and municipal corporation included in the maximum credible event has a reasonable opportunity to review and provide comment on the permit application and the emergency preparedness plan under item (i)2 of this paragraph.</text> </level> </level> </level> <level label="b"> <text>A permit issued under this section shall:</text> <level label="1"> <text>Limit the duration of the permit in accordance with Department regulations;</text> </level> <level label="2"> <text>Provide for the receipt and treatment by the research facility of only those types and quantities of chemical warfare materials that the Department considers necessary for purposes of determining the efficacy and performance capabilities of the incineration technology or process; and</text> </level> <level label="3"> <text>Subject to subsection (c) of this section, include requirements as the Department considers necessary to protect human health and the environment, including requirements regarding:</text> <level label="i"> <text>Monitoring;</text> </level> <level label="ii"> <text>Operation;</text> </level> <level label="iii"> <text>Financial responsibility;</text> </level> <level label="iv"> <text>Closure and remedial action; and</text> </level> <level label="v"> <text>Any other matter that the Department considers necessary related to testing and providing information to the Department with respect to the operation of the research facility.</text> </level> </level> </level> <level label="c"> <text>In developing permit requirements under this section, the Department shall:</text> <level label="1"> <text>Require continuous near–real time air emissions monitoring, with a lag time of not more than 10 minutes, during incineration; and</text> </level> <level label="2"> <text>Consider the need for soil and water pollution monitoring.</text> </level> </level> <level label="d"> <text>The Department may order an immediate termination of all incineration operations at a research facility at any time the Department determines that termination is necessary to protect human health or the environment.</text> </level> <level label="e"> <level label="1"> <text>The Department shall require a research facility that receives a permit under this section to:</text> <level label="i"> <text>At least once every year, report to the Department on operations under the permit, including:</text> <level label="1"> <text>The quantities and types of chemical warfare materials incinerated during the reporting period;</text> </level> <level label="2"> <text>The results of all emissions and pollution monitoring undertaken under the permit; and</text> </level> <level label="3"> <text>Any other information requested by the Department; and</text> </level> </level> <level label="ii"> <text>At least once every 2 years, conduct and submit to the Department an assessment of incineration activities conducted under the permit on local ecosystems, public health, and air quality.</text> </level> </level> <level label="2"> <text>The Department:</text> <level label="i"> <text>Shall review all reports and assessments submitted under this subsection; and</text> </level> <level label="ii"> <text>May, on the basis of a report or assessment submitted under this subsection, modify or revoke a permit issued under this section.</text> </level> </level> <level label="3"> <text>The Department shall:</text> <level label="i"> <text>To the extent that doing so is consistent with § 4–352 of the General Provisions Article, make all reports and assessments required under this subsection available on the Department’s website; and</text> </level> <level label="ii"> <text>In accordance with § 2–1257 of the State Government Article, submit all reports and assessments required under this subsection to the Senate Committee on Education, Energy, and the Environment and the House Environment and Transportation Committee.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-240" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Department may deny an application for a facility permit if the Department finds that:</text> <level label="1"> <text>The controlled hazardous substance facility cannot handle, treat, store, or dispose of a particular controlled hazardous substance without imposing an undue risk to the environment; or</text> </level> <level label="2"> <text>The owner of the land or any person making application has violated:</text> <level label="i"> <text>Any law of this or any other state concerning controlled hazardous substances; or</text> </level> <level label="ii"> <text>Any rule or regulation or permit condition of this or any other state concerning controlled hazardous substances.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-241" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>A low-level nuclear waste facility permit is not transferable.</text> </section> <section article="gen" article_name="Environment" number="7-242" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>As a requirement for keeping the facility permit, each facility permit holder shall:</text> <level label="1"> <text>Maintain a bond or other security that the Department considers sufficient to cover any cost for:</text> <level label="i"> <text>Guaranteeing fulfillment of all requirements related to the facility permit;</text> </level> <level label="ii"> <text>Monitoring, maintaining, or closing the controlled hazardous substance facility; and</text> </level> <level label="iii"> <text>Assuring the security of the controlled hazardous substance facility after closing;</text> </level> </level> <level label="2"> <text>Design, construct, and operate the controlled hazardous substance facility in the manner approved by the Department;</text> </level> <level label="3"> <text>Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;</text> </level> <level label="4"> <text>Report periodically on the controlled hazardous substance that is received and discharged by the controlled hazardous substance facility, including, as applicable, volume, and chemical, physical, biological, and radioactive nature;</text> </level> <level label="5"> <text>In appropriate circumstances, assist in any transfer of the ownership and operation of a controlled hazardous substance facility to a qualified agency of this State or any political subdivision of this State; and</text> </level> <level label="6"> <text>To the extent reasonably practicable, restore the controlled hazardous substance facility site to its original condition if use as a controlled hazardous substance facility is terminated.</text> </level> </level> <level label="b"> <text>In addition to the requirements for keeping a facility permit under subsection (a) of this section, each low-level nuclear waste facility permit holder shall:</text> <level label="1"> <text>Ensure that any low-level nuclear waste being shipped to the low-level nuclear waste facility is labeled and transported in accordance with this subtitle;</text> </level> <level label="2"> <text>Refuse to accept for disposal any low-level nuclear waste that has not been labeled or transported in accordance with this subtitle; and</text> </level> <level label="3"> <text>Comply with any other requirements the Department sets.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-243" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>If any radiation escapes from a low-level nuclear facility into the environment, the low-level nuclear waste facility permit holder shall:</text> <level label="1"> <text>Notify the Department promptly of:</text> <level label="i"> <text>The name of the radioactive substance involved;</text> </level> <level label="ii"> <text>The quantity of the radioactive substance released;</text> </level> <level label="iii"> <text>The intensity of the radiation released; and</text> </level> <level label="iv"> <text>The composition of all radionuclides of the radioactive substance in terms of constituent weights; and</text> </level> </level> <level label="2"> <text>Provide any additional information that the Department requests.</text> </level> </section> <section article="gen" article_name="Environment" number="7-244" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>If a report related to low-level nuclear waste is filed by an applicant for or a holder of a low-level nuclear waste facility permit, the Department shall inform the applicant or permit holder, in writing, whether the information contained in the report is acceptable.</text> </level> <level label="b"> <text>From the reports filed with the Department that relate to low-level nuclear waste, the Department shall compile information and once each year publish low-level nuclear waste reports that:</text> <level label="1"> <text>Index the type and quantity of low-level nuclear waste generated, stored, or disposed of in each political subdivision;</text> </level> <level label="2"> <text>Detail the activities at each low-level nuclear waste facility; and</text> </level> <level label="3"> <text>Analyze, in detail, the status and quantity of low-level nuclear waste in this State.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-245" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Department shall establish a schedule for the inspection of each controlled hazardous substance facility based on:</text> <level label="1"> <text>The size of the facility;</text> </level> <level label="2"> <text>The amount of hazardous waste handled by the facility;</text> </level> <level label="3"> <text>The nature of the waste handled by the facility; and</text> </level> <level label="4"> <text>The record of compliance by the facility with this subtitle and the regulations adopted under this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>The Department shall keep records of the date and findings of each inspection under this section and these records are public records.</text> </level> <level label="2"> <text>The Department periodically shall publish and make available to the public a list of the dates each controlled hazardous substance facility is inspected under this section.</text> </level> </level> <level label="c"> <text>The Secretary may delegate to the health officer of any county where a controlled hazardous substance facility is located the authority to make inspections under this section.</text> </level> </section> <section article="gen" article_name="Environment" number="7-246" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The health officer for any county may inspect and investigate a controlled hazardous substance facility.</text> </level> <level label="b"> <text>If the health officer for a county receives a complaint of an alleged violation of this subtitle at a controlled hazardous substance facility, the health officer shall inspect the controlled hazardous substance facility immediately.</text> </level> <level label="c"> <level label="1"> <text>Before making an inspection under subsection (b) of this section, the health officer shall notify the Department of the planned inspection and complaint.</text> </level> <level label="2"> <text>On the next business day after the inspection, the health officer shall report, in writing, to the Department:</text> <level label="i"> <text>The time and source of the complaint;</text> </level> <level label="ii"> <text>The name of the Department official who was notified before the inspection;</text> </level> <level label="iii"> <text>The time and place of the inspection;</text> </level> <level label="iv"> <text>A summary and findings of the inspection; and</text> </level> <level label="v"> <text>Enforcement and other recommendations.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-249" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>A person may not transport any controlled hazardous substance from any source in this State or to any controlled hazardous substance facility in this State unless:</text> <level label="1"> <text>The person holds a hauler certificate; and</text> </level> <level label="2"> <text>A vehicle certificate has been issued for the transporting vehicle.</text> </level> </level> <level label="b"> <text>This section does not apply to the transportation of any controlled hazardous substance that is:</text> <level label="1"> <text>Used for residential purposes; or</text> </level> <level label="2"> <text>Regulated by the State Department of Agriculture.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-250" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Department may not issue a hauler certificate to transport a low-level nuclear waste unless:</text> <level label="1"> <text>The applicant files with the Department acceptable evidence of a bond or other security as required under § 7-252 of this subtitle;</text> </level> <level label="2"> <text>The applicant agrees not to transport any low-level nuclear waste unless the receiving low-level nuclear waste facility has been notified and has indicated its capability and willingness to take the low-level nuclear waste; and</text> </level> <level label="3"> <text>The Department finds that the applicant is qualified to meet and capable of meeting the requirements of this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="7-251" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>A hauler certificate authorizes its holder to transport a controlled hazardous substance while the certificate is effective and may require:</text> <level label="1"> <text>Use of specific routes, designated after consultation with the Department of Transportation, to a controlled hazardous substance facility;</text> </level> <level label="2"> <text>Use of certain types of vehicles, equipment, or handling procedures; and</text> </level> <level label="3"> <text>Satisfaction of other conditions which the Department determines to be reasonably necessary to assure, to the extent possible, transportation of controlled hazardous substances in a safe and secure manner.</text> </level> </section> <section article="gen" article_name="Environment" number="7-252" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Each controlled hazardous substance hauler:</text> <level label="1"> <text>Shall maintain a bond or other security that the Department considers sufficient to indemnify this State for abatement of any pollution that may result from the improper transportation of a controlled hazardous substance;</text> </level> <level label="2"> <text>Shall pay an annual vehicle certificate fee set by the Department but not more than $50;</text> </level> <level label="3"> <text>When transporting any controlled hazardous substance, shall carry the manifest and the vehicle certificate in the cab of the controlled hazardous substance vehicle;</text> </level> <level label="4"> <text>May not transport a controlled hazardous substance unless the controlled hazardous substance is labeled properly and in secure containers in accordance with the rules and regulations of the Department that apply to that particular controlled hazardous substance;</text> </level> <level label="5"> <text>On the request of any police officer, shall stop the controlled hazardous substance vehicle and display to the police officer all required documentation and allow inspection and sampling of the controlled hazardous substance to determine if there is a violation of:</text> <level label="i"> <text>The provisions of the vehicle certificate; or</text> </level> <level label="ii"> <text>Any federal or state law;</text> </level> </level> <level label="6"> <text>Except under the supervision of the Department during an emergency, may not remove the controlled hazardous substance from the controlled hazardous substance vehicle, or treat, store for any period of time, or mix any controlled hazardous substance except in a controlled hazardous substance facility; and</text> </level> <level label="7"> <text>Shall report periodically, on a form required by the Department, the following information about shipments of controlled hazardous substances:</text> <level label="i"> <text>The source of the controlled hazardous substance;</text> </level> <level label="ii"> <text>The nature of the controlled hazardous substance; and</text> </level> <level label="iii"> <text>The disposal destination.</text> </level> </level> </level> <level label="b"> <text>Each controlled hazardous substance vehicle driver, when transporting any controlled hazardous substance, shall comply with subsection (a)(3), (4), (5), and (6) of this section and all applicable State rules and regulations.</text> </level> </section> <section article="gen" article_name="Environment" number="7-253" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>If a person who generates a controlled hazardous substance desires to have it transported to a controlled hazardous substance facility, the person:</text> <level label="1"> <text>Except as is otherwise required by federal or State law, shall label the controlled hazardous substance as required by the rules and regulations of the Department;</text> </level> <level label="2"> <text>Shall provide for each controlled hazardous substance vehicle a manifest that describes the controlled hazardous substance, including volume and chemical, physical, and biological characteristics;</text> </level> <level label="3"> <text>Shall require evidence of a hauler certificate and a vehicle certificate;</text> </level> <level label="4"> <text>May contract for treatment, storage, or disposal of a controlled hazardous substance only with:</text> <level label="i"> <text>A facility permit holder; or</text> </level> <level label="ii"> <text>A controlled hazardous substance hauler who has a valid contract with a controlled hazardous substance facility for treatment, storage, or disposal of controlled hazardous substances; and</text> </level> </level> <level label="5"> <text>Shall report, from time to time on the form the Department requires, the following information about shipments of controlled hazardous substances:</text> <level label="i"> <text>Source;</text> </level> <level label="ii"> <text>Name of the controlled hazardous substance hauler;</text> </level> <level label="iii"> <text>Destination intended by the controlled hazardous substance hauler at the time of shipment;</text> </level> <level label="iv"> <text>Volume; and</text> </level> <level label="v"> <text>Nature.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-256" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>At any reasonable time, a representative of the Department or a representative of the health department of the political jurisdiction where the hazardous substance facility is located may enter any hazardous substance facility:</text> <level label="1"> <text>To inspect the hazardous substance facility;</text> </level> <level label="2"> <text>To obtain water, waste, soil, or air samples;</text> </level> <level label="3"> <text>To drill test wells; and</text> </level> <level label="4"> <text>To measure the volume and kinds of substances that are received, treated, stored, or disposed of.</text> </level> </level> <level label="b"> <text>If a municipality in which a hazardous substance facility is located does not have a health department, the mayor of the municipality may designate the municipal agency that may enter and inspect a hazardous substance facility under this section.</text> </level> </section> <section article="gen" article_name="Environment" number="7-256.1" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>An authorized official or employee of the Department may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to controlled hazardous substances.</text> </level> <level label="b"> <level label="1"> <text>The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.</text> </level> <level label="2"> <text>Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section; and a statement to this effect shall be included as part of the application.</text> </level> </level> <level label="c"> <text>A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:</text> <level label="1"> <text>The applicant has sought access to the property for the purpose of making an inspection; and</text> <level label="i"> <text>After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, has been denied access to the property; or</text> </level> <level label="ii"> <text>After making a reasonable effort, has been unable to locate any of these individuals;</text> </level> </level> <level label="2"> <text>The requirements of subsection (b) of this section are met;</text> </level> <level label="3"> <text>The official or employee of the Department is authorized or required by law to make an inspection of the property for which the warrant is sought; and</text> </level> <level label="4"> <text>Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this subtitle or any rule or regulation adopted under this subtitle or by showing:</text> <level label="i"> <text>That a reasonable administrative inspection program exists regarding controlled hazardous substances; and</text> </level> <level label="ii"> <text>That the proposed inspection comes within that program.</text> </level> </level> </level> <level label="d"> <text>An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected. The inspection conducted may not exceed the limits specified in the warrant.</text> </level> <level label="e"> <text>An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the Department to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with the provisions of this subtitle relating to controlled hazardous substances.</text> </level> <level label="f"> <text>An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:</text> <level label="1"> <text>The time specified in the warrant, not to exceed 30 days; or</text> </level> <level label="2"> <text>If no time period is specified in the warrant, 15 days from the date of its issuance.</text> </level> </level> <level label="g"> <text>Any information obtained pursuant to an administrative search warrant shall be considered as confidential and may not be disclosed except to the extent utilized in an administrative or judicial proceeding.</text> </level> </section> <section article="gen" article_name="Environment" number="7-257" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In accordance with the Administrative Procedure Act and after notice and hearing, the Department may suspend or revoke any facility permit, hauler certificate, or vehicle certificate for violation of any federal or State law, rule, or regulation that relates to controlled hazardous substances.</text> </level> <level label="b"> <text>The Department may revoke any facility permit issued under this subtitle if the Department finds that:</text> <level label="1"> <text>False or inaccurate information was contained in the application;</text> </level> <level label="2"> <text>Conditions or requirements of the facility permit have been or are about to be violated;</text> </level> <level label="3"> <text>Substantial deviation from plans, specifications, or requirements has occurred;</text> </level> <level label="4"> <text>The Department has been refused entry to the premises for the purpose of inspecting to insure compliance with the conditions of the facility permit;</text> </level> <level label="5"> <text>A change in conditions exists that requires temporary or permanent reduction or elimination of any permitted discharge;</text> </level> <level label="6"> <text>Any State or federal water quality standard or effluent limitation has been or is threatened to be violated; or</text> </level> <level label="7"> <text>Any other good cause exists for revoking the permit.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-258" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Department shall issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:</text> <level label="1"> <text>This subtitle;</text> </level> <level label="2"> <text>Any rule or regulation adopted under this subtitle; or</text> </level> <level label="3"> <text>Any order, permit, or certificate issued by the Department under this subtitle.</text> </level> </level> <level label="b"> <text>A complaint issued under this section shall:</text> <level label="1"> <text>Specify the provision that allegedly has been violated; and</text> </level> <level label="2"> <text>State the alleged facts that constitute the violation.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-259" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>After or concurrently with service of a complaint under this subtitle, the Department may:</text> <level label="1"> <text>Issue an order that requires the person to whom it is directed to take corrective action within a time set in the order;</text> </level> <level label="2"> <text>Send a written notice that requires the person to whom it is directed to file a written report about the alleged violation; or</text> </level> <level label="3"> <text>Send a written notice that requires the person to whom the notice is directed:</text> <level label="i"> <text>To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or</text> </level> <level label="ii"> <text>To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.</text> </level> </level> </level> <level label="b"> <text>Any order issued under this section is effective immediately, according to its terms, when it is served.</text> </level> </section> <section article="gen" article_name="Environment" number="7-260" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Any complaint, corrective order, notice, or other instrument issued by the Department under this subtitle may be served on the person to whom it is directed:</text> <level label="1"> <text>In accordance with § 1–204 of this article; or</text> </level> <level label="2"> <text>By publication.</text> </level> </level> <level label="b"> <text>If service is made by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, the person who mails the document shall file with the Department verified proof of mailing.</text> </level> <level label="c"> <text>Any notice that requires filing of a report, attendance at a hearing, or both shall be served at least 10 days before the earlier of:</text> <level label="1"> <text>The time set for the hearing, if any; or</text> </level> <level label="2"> <text>The time set for the filing of the report, if any.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-261" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.</text> </level> <level label="2"> <text>Any hearing related to a complaint shall be held in the manner provided in the Administrative Procedure Act for hearings in contested cases.</text> </level> </level> <level label="b"> <level label="1"> <text>Within 10 days after being served with an order under § 7-259(a)(1) of this subtitle, the person served may request, in writing, a hearing before the Department.</text> </level> <level label="2"> <level label="i"> <text>If a request for a hearing is made under this subsection, the Department shall hold the hearing promptly after receiving the request and render a decision promptly after the hearing.</text> </level> <level label="ii"> <text>If a request for a hearing is made under this subsection and the Department alleges in the order that there is an imminent threat or danger to the public health or safety or to the environment, the Department shall hold the hearing within 10 days after receiving the request and render a decision within 10 days after the hearing.</text> </level> </level> </level> <level label="c"> <text>Within 10 days after being served with a notice under § 7-259(a)(2) of this subtitle, the person served may request, in writing, a hearing before the Department.</text> </level> <level label="d"> <text>The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.</text> </level> <level label="e"> <level label="1"> <text>In connection with any hearing under this subtitle, the Department may:</text> <level label="i"> <text>Subpoena any person or evidence; and</text> </level> <level label="ii"> <text>Order a witness to give evidence.</text> </level> </level> <level label="2"> <text>A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.</text> </level> <level label="3"> <text>If a person fails to comply with a subpoena issued under this subsection, on petition of the Department, a circuit court, by order, may:</text> <level label="i"> <text>Compel obedience to the order or subpoena; or</text> </level> <level label="ii"> <text>Compel testimony or the production of evidence.</text> </level> </level> <level label="4"> <text>The court may punish as a contempt any failure to obey its order issued under this section.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-262" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>Unless the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order is a final order.</text> </level> <level label="2"> <text>If the person served with an order under § 7-259(a)(1) of this subtitle makes a timely request for a hearing, the order becomes a final corrective order when the Department renders its decision following the hearing.</text> </level> </level> <level label="b"> <level label="1"> <text>If the Department issues a notice under § 7-259(a)(2) or (3) of this subtitle, the Department may not issue an order that requires corrective action by the person to whom the notice is directed until after the later of:</text> <level label="i"> <text>The time set for the hearing, if any; and</text> </level> <level label="ii"> <text>The time set for filing of the report, if any.</text> </level> </level> <level label="2"> <text>After the time within which the Department may not issue a corrective order has passed, if the Department finds that a violation of this subtitle has occurred, the Department shall issue an order that requires correction of the violation within a time set in the order.</text> </level> </level> <level label="c"> <text>The Department shall:</text> <level label="1"> <text>Take action to secure compliance with any final corrective order; and</text> </level> <level label="2"> <text>If the terms of the final corrective order are violated or if a violation is not corrected within the time set in the order, sue to require correction of the violation.</text> </level> </level> <level label="d"> <text>This section does not prevent the Department or the Attorney General from taking action against a violator before the expiration of the time limitations or schedules in the order.</text> </level> </section> <section article="gen" article_name="Environment" number="7-263" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>The Department may bring an action for an injunction against any person who violates any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department under this subtitle.</text> </level> <level label="b"> <text>In any action for an injunction under this section, any finding of the Department after a hearing is prima facie evidence of each fact the Department determines.</text> </level> <level label="c"> <text>On a showing that any person is violating or is about to violate this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued by the Department, the court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.</text> </level> <level label="d"> <text>If an emergency exists from imminent danger to the public health, to the public welfare, or to the environment, the Department may sue for an immediate injunction to stop the activity that is causing the danger.</text> </level> </section> <section article="gen" article_name="Environment" number="7-264" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>Any person aggrieved by a final decision of the Department in connection with an order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle may take a direct judicial appeal.</text> </level> <level label="b"> <text>The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. However, an order of the Department suspending or revoking a facility permit under § 7-257 of this subtitle may not be stayed pending review.</text> </level> </section> <section article="gen" article_name="Environment" number="7-265" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both:</text> <level label="1"> <text>Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance facility for which a current facility permit is in effect;</text> </level> <level label="2"> <text>Transporting for treatment, storage, or disposal a controlled hazardous substance to any place other than a controlled hazardous substance facility for which a current facility permit is in effect;</text> </level> <level label="3"> <text>Falsifying any information required by the Department under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle; or</text> </level> <level label="4"> <text>Authorizing, directing, or permitting any offense listed in this section.</text> </level> </level> <level label="b"> <text>A person who is convicted of violating the following sections of this subtitle or any regulation adopted under the following sections of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 or imprisonment for not more than 3 years, or both:</text> <level label="1"> <text>§ 7-209 of this subtitle;</text> </level> <level label="2"> <text>§ 7-249 of this subtitle; or</text> </level> <level label="3"> <text>§ 7-252 of this subtitle.</text> </level> </level> <level label="c"> <text>Each day on which a violation occurs constitutes a separate offense under this section.</text> </level> <level label="d"> <level label="1"> <text>Any person who knowingly transports, treats, stores, exports, or otherwise disposes of a controlled hazardous substance in a manner that would constitute a violation under subsection (a) of this section and who knows at that time the violation places another person in imminent danger of death or serious bodily injury is guilty of a felony and on conviction is subject to a fine not exceeding $250,000 or imprisonment not exceeding 15 years or both.</text> </level> <level label="2"> <text>For the purposes of this subsection, in determining whether a person’s state of mind is knowing and whether a person knew that the violation or conduct placed another person in imminent danger of death or serious bodily injury, the criteria provided under § 3008(f) of the Resource Conservation and Recovery Act (42 U.S.C. § 6928(f)) shall apply.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-266" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or of any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle is liable to a civil penalty not exceeding $25,000, to be collected in a civil action. Each day a violation occurs is a separate violation under this subsection.</text> </level> <level label="b"> <level label="1"> <text>In addition to any other remedies available at law or in equity and after an opportunity for a hearing which may be waived in writing by the person accused of a violation, the Department may impose a penalty for violation of any provision of this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, driver certificate, or facility permit adopted or issued under this subtitle.</text> </level> <level label="2"> <text>The penalty imposed on a person under this subsection shall be:</text> <level label="i"> <text>Up to $25,000 for each violation, but not exceeding $100,000 total; and</text> </level> <level label="ii"> <text>Assessed with consideration given to:</text> <level label="1"> <text>The willfulness of the violation, the extent to which the existence of the violation was known to but uncorrected by the violator, and the extent to which the violator exercised reasonable care;</text> </level> <level label="2"> <text>Any actual harm to the environment or to human health, including injury to or impairment of the use of the waters of this State or the natural resources of this State;</text> </level> <level label="3"> <text>The cost of cleanup and the cost of restoration of natural resources;</text> </level> <level label="4"> <text>The nature and degree of injury to or interference with general welfare, health, and property;</text> </level> <level label="5"> <text>The extent to which the location of the violation, including location near waters of this State or areas of human population, creates the potential for harm to the environment or to human health or safety;</text> </level> <level label="6"> <text>The available technology and economic reasonableness of controlling, reducing, or eliminating the violation;</text> </level> <level label="7"> <text>The degree of hazard posed by the particular waste material or materials involved; and</text> </level> <level label="8"> <text>The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.</text> </level> </level> </level> <level label="3"> <text>Each day a violation occurs is a separate violation under this subsection.</text> </level> <level label="4"> <text>Any penalty imposed under this subsection is payable to this State and collectible in any manner provided at law for the collection of debts.</text> </level> <level label="5"> <text>If any person who is liable to pay a penalty imposed under this subsection fails to pay it after demand, the amount, together with interest and any costs that may accrue, shall be:</text> <level label="i"> <text>A lien in favor of this State on any property, real or personal, of the person; and</text> </level> <level label="ii"> <text>Recorded in the office of the clerk of court for the county in which the property is located.</text> </level> </level> <level label="6"> <text>Any penalty collected under this subsection shall be placed in a special fund to be used for monitoring and surveillance by the Department to assure and maintain an adequate record of any violations, including discharge of waste material and other pollutants into the waters of this State or into the environment.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-266.1" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <text>In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any costs that are incurred by the State:</text> <level label="1"> <text>After the date of the final decision as provided in subsection (b) of this section; and</text> </level> <level label="2"> <text>As a result of the responsible person’s failure to comply with the final order.</text> </level> </level> <level label="b"> <level label="1"> <text>Before seeking the punitive damages authorized by subsection (a) of this section, the Department shall issue to the responsible person a determination that the responsible person failed without sufficient cause to comply with a final order issued under this subtitle.</text> </level> <level label="2"> <text>A responsible person subject to a determination issued by the Department under paragraph (1) of this subsection is entitled to a contested case hearing to determine whether the responsible person had sufficient cause for the failure to comply with the final order.</text> </level> <level label="3"> <text>Following a final decision upholding the determination issued by the Department, the State may commence a civil action against the responsible person to recover the punitive damages.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-267" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <level label="a"> <level label="1"> <text>Except as provided in § 7-265 of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle, is guilty of a misdemeanor and on conviction is subject to:</text> <level label="i"> <text>For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or</text> </level> <level label="ii"> <text>If the conviction is for a violation committed after a first conviction of the person under this subsection, a fine not exceeding $50,000 for each day of violation or imprisonment not exceeding 2 years or both.</text> </level> </level> <level label="2"> <text>In addition to any criminal penalties imposed on a person convicted under this subsection, the person may be enjoined from continuing the violation.</text> </level> <level label="3"> <text>Each day on which a violation occurs is a separate violation under this subsection.</text> </level> </level> <level label="b"> <text>A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $25,000 or imprisonment not exceeding 2 years or both if the person:</text> <level label="1"> <text>Knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle; or</text> </level> <level label="2"> <text>Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this subtitle or any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-268" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="2" subtitle_name="Controlled Hazardous Substances"> <text>The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.</text> </section> <section article="gen" article_name="Environment" number="7-301" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article I. Definitions</text> <text>As used in the compact, unless the context clearly indicates otherwise:</text> <text>a. “Broker” means any intermediate person who handles, treats, processes, stores, packages, ships or otherwise has responsibility for or possesses low-level waste obtained from a generator.</text> <text>b. “Carrier” means a person who transports low-level waste to a regional facility.</text> <text>c. “Commission” means the Appalachian States Low-Level Radioactive Waste Commission.</text> <text>d. “Disposal” means the isolation of low-level waste from the biosphere.</text> <text>e. “Facility” means any real or personal property, within the region, and improvements thereof or thereon, and any and all plant, structures, machinery and equipment, acquired, constructed, operated or maintained for the management or disposal of low-level waste.</text> <text>f. “Generate” means to produce low-level waste requiring disposal.</text> <text>g. “Generator” means a person whose activity results in the production of low-level waste requiring disposal.</text> <text>h. “Hazardous life” means the time required for radioactive materials to decay to safe levels, as defined by the time period for the concentration of radioactive materials within a given container or package to decay to maximum permissible concentrations as defined by federal law or by standards to be set by a host state, whichever is more restrictive.</text> <text>i. “Host state” means Pennsylvania or other party state so designated by the Commission in accordance with Article III of this compact.</text> <text>j. “Institutional control period” means the time of the continued observation, monitoring and care of the regional facility following transfer of control from the operator to the custodial agency.</text> <text>k. “Low-level waste” means radioactive waste that:</text> <level label="1"> <text>Is neither high-level waste or transuranic waste, nor spent nuclear fuel, nor by-product material as defined in Section 11(e)(2) of the Atomic Energy Act of 1954 as amended; and</text> </level> <level label="2"> <text>Is classified by the federal government as low-level waste, consistent with existing law; but does not include waste generated as a result of atomic energy defense activities of the federal government, as defined in Public Law 96-573, or federal research and development activities.</text> <text>l. “Management” means the reduction, collection, consolidation, storage, packaging or treatment of low-level waste.</text> <text>m. “Operator” means a person who operates a regional facility.</text> <text>n. “Party state” means any state that has become a party in accordance with Article V of this compact.</text> <text>o. “Person” means an individual, corporation, partnership or other legal entity, whether public or private.</text> <text>p. “Region” means the combined geographical area within the boundaries of the party states.</text> <text>q. “Regional facility” means a facility within any party state which has been approved by the Commission for the disposal of low-level waste.</text> <text>r. “Shallow land burial” means the disposal of low-level radioactive waste directly in subsurface trenches without additional confinement in engineered structures or by proper packaging in containers as determined by the law of the host state.</text> <text>s. “Transuranic waste” means low-level waste containing radionuclides with an atomic number greater than 92 which are excluded from shallow land burial by the federal government.</text> </level> </section> <section article="gen" article_name="Environment" number="7-302" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article II. The Commission</text> <text>a. 1. There is hereby created the Appalachian States Low-Level Radioactive Waste Commission. The Commission is hereby created as a body corporate and politic, with succession for the duration of this compact, as an agency and instrumentality of the governments of the respective signatory parties, but separate and distinct from the respective signatory party states. The Commission shall have central offices located in Pennsylvania.</text> <level label="2"> <text>The Commission shall consist of two voting members from each party state to be appointed according to the laws of each party state, and two additional voting members from each host state to be appointed according to the laws of each host state. Upon selection of the site of the regional facility, an additional voting member shall be appointed to the Commission who shall be a resident of the county or municipality where the facility is to be located. The appointing authority of each party state shall notify the Commission in writing of the identities of the members and of any alternates. An alternate may vote and act in the member’s absence. No member shall have a financial interest in any industry which generates low-level radioactive waste, any low-level radioactive waste regional facility or any related industry for the duration of the member’s term. No more than one-half the members and alternates from any party state shall have been employed by or be employed by a low-level waste generator or related industry upon appointment to or during their tenure of office; provided, that no member shall have been employed by or be employed by a regional facility or operator. No member or alternate from any party state shall accept employment from any regional facility operator or brokers for at least three years after leaving office.</text> </level> <level label="3"> <text>Members of the Commission and alternates shall serve without compensation from the Commission but may be reimbursed for necessary expenses incurred in and incident to the performance of their duties.</text> </level> <level label="4"> <text>Each Commission member is entitled to one vote. Unless otherwise provided in this compact, affirmative votes by a majority of a host state’s members are necessary for the Commission to take any action related to the regional facility and the disposal and management of low-level waste within that host state.</text> </level> <level label="5"> <level label="a"> <text>The Commission shall provide for its own organization and procedures, and shall adopt by-laws not inconsistent with this compact and any rules and regulations necessary to implement this compact. It shall meet at least once a year in the county selected to host a regional facility and shall elect a chairman and vice chairman from among its members. In the absence of the chairman, the vice chairman shall serve.</text> </level> <level label="b"> <text>All meetings of the Commission shall be open to the public with at least 14 days advance notice, except that the chairman may convene an emergency meeting with less advance notice. Each municipality and county selected to host a regional facility shall be specifically notified in advance of all Commission meetings. All meetings of the Commission shall be conducted in a manner that substantially conforms to the Administrative Procedure Act (5 U.S.C. Ch. 5, Subch. II, and Ch. 7). The Commission may, by a two-thirds vote, including approval of a majority of each host state’s Commission members, hold an executive session closed to the public for the purpose of: Considering or discussing legally privileged or proprietary information; to consider dismissal, disciplining of, or hearing complaints or charges brought against an employee or other public agent unless such person requests such public hearing; or to consult with its attorney regarding information or strategy in connection with specific litigation. The reason for the executive session must be announced at least 14 days prior to the executive session, except that the chairman may convene an emergency meeting with less advance notice, in which case the reason for the executive session must be announced at the open meeting immediately subsequent to the executive session. All action taken in violation of this open meeting provision shall be null and void.</text> </level> <level label="c"> <text>Detailed written minutes shall be kept of all meetings of the Commission. All decisions, files, records and data of the Commission, except for information privileged against introduction in judicial proceedings, personnel records and minutes of a properly convened executive session, shall be open to public inspection subject to a procedure that substantially conforms to the Freedom of Information Act (Public Law 89-554, 5 U.S.C. § 552) and applicable Pennsylvania law, and may be copied upon request and payment of fees which shall be no higher than necessary to recover copying costs.</text> </level> <level label="d"> <text>The Commission shall select an appropriate staff, including an Executive Director, to carry out the duties and functions assigned by the Commission. Notwithstanding any other provision of law the Commission may hire and/or retain its own legal counsel.</text> </level> <level label="e"> <text>Any person aggrieved by a final decision of the Commission which adversely affects the legal rights, duties or privileges of such person, may petition a court of competent jurisdiction, within 60 days after the Commission’s final decision, to obtain judicial review of said final decisions.</text> </level> <level label="f"> <text>Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken in their official capacity.</text> <text>b. The Commission:</text> </level> </level> <level label="a"> <text>Shall conduct research and establish regulations to promote a reasonable reduction of volume and curie content of low-level wastes generated in the region. The regulations shall be reviewed and, if necessary, revised by the Commission at least annually.</text> </level> <level label="b"> <text>Shall ensure, to the extent authorized by federal law, that low-level wastes are safely disposed of within the region except that the Commission shall have no power or authority to license, regulate or otherwise develop a regional facility, such powers and authority being reserved for the host state(s) as permitted under the law.</text> </level> <level label="c"> <text>Shall designate as “host states” any party state which generates 25 percent or more of Pennsylvania’s volume or total curie content of low-level waste generated based on a comparison of averages over three successive years, as determined by the Commission. This determination shall be based on volume or total curie content, whichever is greater.</text> </level> <level label="d"> <text>Shall ensure, to the extent authorized by federal law, that low-level waste packages brought into the regional facility for disposal conform to applicable state and federal regulations. Low-level waste brokers or generators who violate these regulations will be subject to a fine or other penalty imposed by the Commission, including restricted access to a regional facility. The Commission may impose such fines and/or penalties in addition to any other penalty levied by the party states pursuant to Article IV d.</text> </level> <level label="e"> <text>Shall establish such advisory committees as it deems necessary for the purpose of advising the Commission on matters pertaining to the management and disposal of low-level waste.</text> </level> <level label="f"> <text>May contract to accomplish its duties and effectuate its powers subject to projected available resources. No contract made by the Commission shall bind a party state.</text> </level> <level label="g"> <text>Shall prepare contingency plans for management and disposal of low-level waste in the event any regional facility should be closed or otherwise unavailable.</text> </level> <level label="h"> <text>Shall examine all records of operators of regional facilities pertaining to operating costs, profits or the assessment or collection of any charge, fee or surcharge, and may make recommendations to the host state(s) which shall review the recommendations in accordance with its (their) own sovereign laws.</text> </level> <level label="i"> <text>Shall have the power to sue and be sued subject to Article II a 5 (e), and may seek to intervene in any administrative or judicial proceeding.</text> </level> <level label="j"> <text>Shall assemble and make available to the party states and to the public, information concerning low-level waste management and disposal needs, technologies and problems.</text> </level> <level label="k"> <text>Shall keep current and annual inventories of all generators by name and quantity of low-level waste generated within the region, based upon information provided by the party states. Inventory information shall include both volume in cubic feet and total curie content of the low-level waste and all available information on chemical composition and toxicity of such wastes.</text> </level> <level label="l"> <text>Shall keep an inventory of all regional facilities and specialized facilities including, but not necessarily restricted to, information on their size, capacity, and location, as well as specific wastes capable of being managed, and the projected useful life of each regional facility.</text> </level> <level label="m"> <text>Shall make and publish an annual report to the governors of the signatory party states and to the public detailing its programs, operations and finances, including copies of the annual budget and the independent audit required by this compact.</text> </level> <level label="n"> <text>Notwithstanding any other provision of this compact to the contrary, may, with the unanimous approval of the Commission members of the host state(s), enter into temporary agreements with non-party states or other regional boards for the emergency disposal of low-level waste at the regional facility, if so authorized by law(s) of the host state(s), or other disposal facilities located in states that are not parties to this agreement.</text> </level> <level label="o"> <text>Shall promulgate regulations, pursuant to host state law, to specifically govern and define exactly what would constitute an emergency situation and exactly what restrictions and limitations would be placed on temporary agreements.</text> </level> <level label="p"> <text>Shall not accept any donations, grants, equipment, supplies, materials or services, conditional or otherwise, from any source, except from any federal agency and from party states which are certified as being legal and proper under the laws of the donating party state.</text> <text>c. 1. The Commission shall establish a fiscal year which conforms to the fiscal year of the Commonwealth of Pennsylvania.</text> </level> <level label="2"> <text>Upon legislative enactment of this compact by two party states and each year until the regional facility becomes available, the Commission shall adopt a current expense budget for its fiscal year. The budget shall include the Commission’s estimated expenses for administration. Such expenses shall be allocated to the party states according to the following formula:</text> <text>Each designated initial host state will be allocated costs equal to twice the costs of the other party states, but such costs will not exceed $200,000.</text> <text>Each remaining party state will be allocated a cost of one half the cost of the initial host state, but such costs will not exceed $100,000.</text> <text>The party states will include the amounts allocated above in their respective budgets, subject to such review and approval as may be required by their respective budgetary processes. Such amounts shall be due and payable to the Commission in quarterly installments during the fiscal year.</text> </level> <level label="3"> <text>For continued funding of its activities, the Commission shall submit an annual budget request to each party state for funding, based upon the percentage of the region’s waste generated in each state in the region, as reported in the latest available annual inventory required under Article II b (k). The percentage of waste shall be based on volume of waste or total curie content as determined by the Commission.</text> </level> <level label="4"> <text>The Commission shall prepare and include in the annual report a budget showing anticipated receipts and disbursements for the ensuing year.</text> </level> <level label="5"> <level label="a"> <text>As soon as practicable after the closing of the fiscal year, an audit shall be made of the financial accounts of the Commission. The audit shall be made by qualified certified public accountants selected by the Commission, who have no personal direct or indirect interest in the financial affairs of the Commission or any of its officers or employees. The report of audit shall be prepared in accordance with accepted accounting practices and shall be filed with the chairman and such other officers as the Commission shall direct. Copies of the report shall be distributed to each Commission member and shall be made available for public distribution.</text> </level> <level label="b"> <text>Each signatory party by its duly authorized officers shall be entitled to examine and audit at any time all of the books, documents, records, files, and accounts and all other papers, things, or property of the Commission. The representatives of the signatory parties shall have access to all books, documents, records, accounts, reports, files and all other papers, things, or property belonging to or in use by the Commission and necessary to facilitate the audit; and, they shall be afforded full facilities for verifying transactions with the balances or securities held by depositaries, fiscal agents, and custodians.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-303" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article III. Rights, Responsibilities and Obligations of Party States</text> <text>a. There shall be regional facilities sufficient to dispose of the low-level waste generated within the region. Each regional facility shall be capable of disposing of such low-level waste but in the form(s) required by regulations or license conditions. Specialized facilities for particular types of low-level waste management, reduction or treatment may not be developed in any party state unless they are in accordance with the laws and regulations of such state and applicable federal laws and regulations.</text> <text>b. Each party state shall have equal access as other party states to regional facilities within the region and accepting low-level waste, provided, however, that the host state may close the regional facility located within its borders when necessary for public health and safety. However, a host state shall send notification to the Commission in writing within three (3) days of its action, and shall, within thirty (30) working days, provide in writing the reasons for the closing.</text> <text>c. Pennsylvania and party states which generated 25 percent or more of the volume or curies of low-level waste generated by Pennsylvania based on a comparison of averages over the three years 1982 through 1984 are designated as “initial host states” and are required to develop and host low-level waste sites as regional facilities. The percentage of waste from each state shall be determined by cubic foot volume or total curie content, whichever is greater.</text> <text>d. Party states which generated less than 25 percent of the volume or curies of low-level waste generated by Pennsylvania based on a comparison of averages over the years 1982 through 1984 shall be exempt from initial host state responsibilities. These states shall continue to be exempt as long as they generate less than the 25 percent threshold over successive 3-year periods. Once a state generates an average of 25 percent or more of the volume or curies generated by Pennsylvania over a successive 3-year period, it shall be designated as a “host state” for a 30-year period by the Commission and shall immediately initiate development of a regional facility to be operational within five years. Such host state shall be prepared to accept at its regional facility low-level waste at least equal to that generated in the state. With Commission approval, any party state may volunteer to host a regional facility. The percentage of waste from each state shall be determined by either a cubic foot volume or total curie content, whichever is greater.</text> <text>e. Pennsylvania and other host states are obligated to develop regional facilities for the duration of this compact. All regional facilities shall be designed for at least a thirty-year useful life. At the end of the facility’s life, normal closure and maintenance procedures shall be initiated in accordance with the applicable requirements of the host state and the federal government. Each host state’s obligation for operating regional facilities shall remain as long as the state continues to produce over a 3-year period 25 percent or more of the volume or curies of low-level waste generated by Pennsylvania.</text> <text>f. Each host state shall:</text> <level label="1"> <text>Cause a regional facility to be sited and developed on a timely basis.</text> </level> <level label="2"> <text>Ensure by law, consistent with applicable state and federal law, the protection and preservation of public health, safety and environmental quality in the siting, design, development, licensure, or other regulation, operation, closure, decommissioning, long-term care and the institutional control period of the regional facility within the state. To the extent authorized by federal law, a host state may adopt more stringent laws, rules or regulations than required by federal law.</text> </level> <level label="3"> <text>Ensure and maintain a manifest system which documents all waste-related activities of generators, brokers, carriers and related activities of generators, brokers, carriers and operators, and establish the chain of custody of waste from its initial generation to the end of its hazardous life. Copies of all such manifests shall be submitted to the Commission on a timely basis.</text> </level> <level label="4"> <text>Ensure that charges for disposal of low-level waste at the regional facility are sufficient to fully fund the safe disposal and perpetual care of the regional facility and that charges are assessed without discrimination as to the party state of origin.</text> </level> <level label="5"> <text>Submit an annual report to the Commission on the status of the regional facility which contains projections of the anticipated future capacity.</text> </level> <level label="6"> <text>Notify the Commission immediately if any exigency arises requiring the possible temporary or permanent closure of a regional facility within the state at a time earlier than was projected in the state’s most recent annual report to the Commission.</text> </level> <level label="7"> <text>Require that the institutional control period of any disposal facility be at least as long as the hazardous life, as defined in Article I h, of the radioactive materials that are disposed at that facility.</text> </level> <level label="8"> <text>Prohibit the use of any shallow land burial, as defined in Article I r, and develop alternative means for treatment, storage and disposal of low-level waste.</text> </level> <level label="9"> <text>Establish by law, to the extent not prohibited by federal law, requirements for financial responsibility, including, but not limited to:</text> <level label="a"> <text>Requirements for the purchase and maintenance of adequate insurance by generators, brokers, carriers and operators of the regional facility;</text> </level> <level label="b"> <text>Requirements for the establishment of a long-term care fund to be funded by a fee placed on generators to pay for preventive or corrective measures of low-level waste to the regional facility; and</text> </level> <level label="c"> <text>Any further financial responsibility requirements that shall be submitted by generators, brokers, carriers and operators as deemed necessary by the host state.</text> <text>g. Each party state:</text> </level> </level> <level label="1"> <text>Shall appropriate its portion of the Commission’s initial and annual budgets as set out in Article II c 2 and 3.</text> </level> <level label="2"> <text>To the extent authorized by federal law shall develop and enforce procedures requiring low-level waste shipments originating within its borders and destined for a regional facility to conform to volume reduction, packaging, and transportation requirements and regulations as well as any other requirements specified by the regional facility. Such procedures shall include but are not limited to:</text> <level label="a"> <text>Periodic inspections of packaging and shipping practices;</text> </level> <level label="b"> <text>Periodic inspections of low-level waste containers while in custody of carriers; and</text> </level> <level label="c"> <text>Appropriate enforcement actions with respect to violations.</text> </level> </level> <level label="3"> <text>To the extent authorized by federal law, shall after receiving notification from a host state or other person that a person in a party state has violated volume reduction, packaging, shipping or transportation requirements or regulations, take appropriate action to ensure that violations do not recur. Appropriate action shall include, but is not limited to, the requirement that a bond be posted by the violator to pay the cost of repackaging at the regional facility and the requirement that future shipments be inspected. Appropriate action may also include suspension of the violator’s use of the regional facility. Should such suspension be imposed, the suspension shall remain in effect until such time as the violator has, to the satisfaction of the party state imposing such suspension, complied with the appropriate requirements or regulations upon which the suspension was based and has taken appropriate action to ensure that such violation or violations do not recur.</text> </level> <level label="4"> <text>Shall maintain a registry of all generators and quantities generated within the state.</text> <text>h. In the event of liability arising from the operation of any regional facility and during and after closure of that facility, each party state shall share in that liability in an amount equal to that state’s share of the region’s low-level waste disposed of at the facility. If such liability arises from negligence, malfeasance or neglect on the part of a host state or any party state, then any other host or party state(s) may make any claim allowable under law for that negligence, malfeasance or neglect. If such liability arises from a particular waste shipment or shipments to, or quantity of waste or condition at, the regional facility, then any host or party state may make any claim allowable under law for such liability. The percentage of waste shall be based on volume of waste or total curie content.</text> <text>i. A party state which fails to fulfill its obligations, including timely funding of the Commission may have its privileges under the compact suspended or its membership in the compact revoked by the Commission and be subject to any other legal and equitable remedies available to the party states.</text> </level> </section> <section article="gen" article_name="Environment" number="7-304" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article IV. Prohibited Acts and Penalties</text> <text>a. It shall be unlawful for any person to dispose of low-level waste within the region except at a regional facility unless authorized by the Commission.</text> <text>b. After establishment of the regional facility(s), it shall be unlawful for any person to dispose of any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the Commission and by law of the host state in which said disposal takes place. For the purposes of this compact, waste generated within the region excludes radioactive material shipped from outside the party states to a waste management facility within the region. In determining whether to grant such authorization, the factors to be considered by the Commission shall include, but not be limited to, the following:</text> <level label="1"> <text>The impact on the health, safety and environmental quality of the citizens of the party states;</text> </level> <level label="2"> <text>The impact of importing waste on the available capacity and projected life of the regional facility;</text> </level> <level label="3"> <text>The availability of a regional facility appropriate for the safe disposal of the type of low-level waste involved.</text> <text>c. Any and all low-level waste generated within the region shall be disposed of at a regional facility, except for specific cases agreed upon by the Commission, with the affirmative votes by a majority of the Commission members of the host state(s) affected by the decision.</text> <text>d. Generators, brokers and carriers of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. The party states shall impose a fine for any violation in an amount equal to the present and future costs associated with correcting any harm caused by the violation and shall assess punitive fines or penalties if it is deemed necessary. In addition, the host state shall bar any person who violates host state or federal regulations from using the regional facility until that person demonstrates to the satisfaction of the host state their ability and willingness to comply with the law.</text> <text>e. 1. No Commissioner, officer or employee shall:</text> <level label="a"> <text>Be financially interested, either directly or indirectly, in a contract, sale, purchase, lease or transfer of real or personal property to which the Commission is a party.</text> </level> <level label="b"> <text>Solicit or accept money or any other thing of value in addition to the expenses paid to him by the Commission for services performed within the scope of his official duties.</text> </level> <level label="c"> <text>Offer money or anything of value for or in consideration of obtaining an appointment, promotion or privilege in his employment with the Commission.</text> </level> </level> <level label="2"> <text>Any officer or employee who shall willfully violate any of the provisions of this section shall forfeit his office or employment.</text> </level> <level label="3"> <text>Any contract or agreement knowingly made in contravention of this section is void.</text> </level> <level label="4"> <text>Officers and employees of the Commission shall be subject, in addition to the provisions of this section, to such criminal and civil sanctions for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs.</text> </level> </section> <section article="gen" article_name="Environment" number="7-305" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article V. Eligibility, Entry into Effect, Congressional Consent, Withdrawal</text> <text>a. Only the states of Pennsylvania, West Virginia, Delaware, and Maryland are eligible to become parties to this compact.</text> <text>b. An eligible state may become a party state by legislative enactment of this compact or by executive order of the Governor adopting this compact; provided, however, a state becoming a party state by executive order shall cease to be a party state upon adjournment of the first general session of its legislature convened thereafter, unless the legislature shall have enacted this compact before such adjournment.</text> <text>c. This compact shall take effect when it has been enacted by the legislatures of Pennsylvania and one or more eligible states. However, Article IV b and c shall not take effect until Congress has consented to this compact. Every fifth year after such consent has been given, Congress may withdraw consent.</text> <text>d. A party state may withdraw from the compact by repealing the enactment of this compact, but no such withdrawal shall become effective until two years after enactment of the repealing legislation. If the withdrawing state is a host state, any regional facility in that state shall remain available to receive low-level waste generated within the region until five years after the effective date of the withdrawal.</text> </section> <section article="gen" article_name="Environment" number="7-306" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="3" subtitle_name="Appalachian States Low-Level Radioactive Waste Compact"> <text>Article VI. Construction and Severability</text> <text>a. The provisions of this compact shall be broadly construed to carry out the purposes of the compact, but the sovereign powers of a party state shall not unnecessarily be infringed.</text> <text>b. If any part or application of this compact is held invalid, the remainder, or its application to other situations or persons, shall not be affected.</text> </section> <section article="gen" article_name="Environment" number="7-401" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the Hazardous Waste Facilities Siting Board.</text> </level> <level label="c"> <text>“Certificate” means a certificate of public necessity issued by the Board.</text> </level> <level label="d"> <text>“Facility” means any structure, equipment, machinery, bins, tanks, pipes, pumps, conveyors, wells, trenches, pits, or cells used for treatment, processing, reconditioning, exchange, incidental storage in connection with the preceding activities, long–term storage, or ultimate disposal of hazardous or low–level nuclear waste.</text> </level> <level label="e"> <text>“Hazardous waste” means any waste substance or material designated as a hazardous substance pursuant to § 7–208 of this title.</text> </level> <level label="f"> <text>“Low–level nuclear waste” means any substance or material designated as low–level nuclear waste under § 7–208 of this title.</text> </level> <level label="g"> <text>“Service” means the Maryland Environmental Service.</text> </level> <level label="h"> <text>“Site” means the geographic area to be occupied by a facility, including buffer or security areas and areas used for any appurtenant functions.</text> </level> <level label="i"> <text>“Subdivision” means the 23 counties or Baltimore City and incorporated municipalities.</text> </level> </section> <section article="gen" article_name="Environment" number="7-402" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <level label="1"> <text>The purpose of this subtitle is to protect the public health and the environment by ensuring the availability of sites and properly designed facilities to dispose of, reuse, recycle, incinerate, or otherwise render nonhazardous, hazardous waste materials and to eliminate illegal dumping or improper disposal. It is the further purpose of this subtitle to achieve the same goals with respect to low-level nuclear waste.</text> </level> <level label="2"> <text>In carrying out its responsibilities under this subtitle, the Board shall treat hazardous waste and low-level nuclear waste separately.</text> </level> </level> <level label="b"> <text>These facilities shall be located subject to the following considerations:</text> <level label="1"> <text>The availability of suitable facilities outside this State for the disposal of low-level nuclear waste produced in this State;</text> </level> <level label="2"> <text>That there are proper safeguards to the health and safety of the public and the quality of the environment;</text> </level> <level label="3"> <text>That facilities are available at reasonable cost commensurate with adequate protection of public health and safety, and of the environment;</text> </level> <level label="4"> <text>That there is due consideration of social values and of the reasonable and beneficial use of land and natural resources;</text> </level> <level label="5"> <text>That there is due consideration for industry and commerce, the revenues, and development of the State and its political subdivisions, and the employment and welfare of the people;</text> </level> <level label="6"> <text>That there is due consideration of alternatives over burial or other land disposal of hazardous or low-level nuclear waste, such as source reduction, reuse, resource recovery, and incineration;</text> </level> <level label="7"> <text>That there is due consideration for the expeditious ultimate disposal of hazardous waste in order to minimize reliance on interim storage;</text> </level> <level label="8"> <text>That there is due consideration for managing sites following cessation of operations;</text> </level> <level label="9"> <text>That there is due consideration for the equitable geographic distribution of sites, including:</text> <level label="i"> <text>Consideration of the feasibility of siting a facility within the same political subdivision from which the wastes principally originate;</text> </level> <level label="ii"> <text>Consideration of those subdivisions that presently have sites, to avoid to the extent feasible certifying sites disproportionately in any one subdivision;</text> </level> </level> <level label="10"> <text>That there is due consideration for local land use preference, as expressed in local planning and zoning provisions; and</text> </level> <level label="11"> <text>That there is due consideration for the geological stability of a location and for the safety and preservation of public and private water supplies. If the location of a facility site will result in any adverse effects to a public or private water supply, the facility site may not be approved.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-403" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>There is a Hazardous Waste Facilities Siting Board.</text> </level> <level label="b"> <level label="1"> <text>The Board consists of 8 members appointed by the Governor who shall represent the various geographical areas of the State. No more than one member of the Board shall be a resident of the same county or of Baltimore City.</text> </level> <level label="2"> <text>Of the 8 members:</text> <level label="i"> <text>Two shall be members of the scientific community in the State, one of whom shall be a geologist;</text> </level> <level label="ii"> <text>Three shall be members of the general public who have no financial interest in the waste disposal industry, at least one of whom has had a demonstrated involvement in environmental matters;</text> </level> <level label="iii"> <text>One shall be appointed from a list of three or more persons nominated by the Maryland Association of Counties;</text> </level> <level label="iv"> <text>One shall be appointed from a list of three or more persons nominated by the Maryland Chamber of Commerce; and</text> </level> <level label="v"> <text>One shall be appointed from a list of three or more persons nominated by the Maryland Municipal League.</text> </level> </level> </level> <level label="c"> <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="d"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of the initial appointees expire as follows: one member representing the general public and one member representing the scientific community on January 1, 1984, one member representing the general public and one member representing the scientific community on January 1, 1985 and the remaining members on January 1, 1983.</text> </level> </level> <level label="e"> <text>The Governor shall appoint a chairman from among the 8 members.</text> </level> <level label="f"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="g"> <text>A member who is appointed after a term has begun serves only the remainder of that term and until a successor is appointed and qualifies.</text> </level> <level label="h"> <text>A member may be removed by the appointing authority for incompetency or misconduct.</text> </level> <level label="i"> <text>Each member of the Board is entitled to:</text> <level label="1"> <text>Compensation in accordance with the State budget; and</text> </level> <level label="2"> <text>Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </level> <level label="j"> <text>The affirmative vote of a majority of the members of the Board then serving is necessary for any decision of the Board.</text> </level> </section> <section article="gen" article_name="Environment" number="7-404" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <text>In addition to the powers set forth elsewhere in this subtitle, the Board may adopt rules and regulations to carry out the provisions of this subtitle.</text> </section> <section article="gen" article_name="Environment" number="7-405" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <level label="1"> <text>Subject to the provisions of this subtitle, the Board shall issue certificates of public necessity:</text> <level label="i"> <text>For the siting of hazardous waste facilities; and</text> </level> <level label="ii"> <text>For the siting of low-level nuclear waste facilities.</text> </level> </level> <level label="2"> <text>A certificate under this subtitle is not required if a site and facility are otherwise authorized by law.</text> </level> <level label="3"> <text>A certificate is not required for a facility used for receipt, transfer, recovery, or disposal of nonhazardous or nonradioactive residential, commercial, or industrial waste.</text> </level> </level> <level label="b"> <text>In deciding whether to issue a certificate, the Board shall consider but not be limited to the following:</text> <level label="1"> <text>Environmental, social, technical, and economic factors as they apply to a particular proposed site; and</text> </level> <level label="2"> <text>The need for and problems associated with the comprehensive statewide disposal of hazardous and low-level nuclear waste.</text> </level> </level> <level label="c"> <text>The design, construction, and operation of a facility on a site for which a certificate has been issued, and the associated transportation of hazardous or low-level nuclear waste to and from the facility, shall be subject to all environmental, health, and safety restrictions that may be imposed by State regulatory agencies under applicable law and regulation.</text> </level> <level label="d"> <level label="1"> <text>The issuance of a certificate of public necessity for a site exempts the site, the design, construction, and operation of the facilities on the site, and the transportation of hazardous or low-level nuclear waste to and from the facilities on the site from any regulation, policy, law, or ordinance, including zoning, of any political subdivision of this State, and from any State law or regulation that requires approval of any political subdivision of this State.</text> </level> <level label="2"> <text>The Board may not issue a certificate of public necessity for the purpose of extending or expanding any hazardous waste landfill in operation on or before July 1, 1980 that was permitted by this State under Subtitle 2 of this title and § 9-204 of this article.</text> </level> <level label="3"> <level label="i"> <text>In paragraph (2) of this subsection, the following words have the meanings indicated.</text> </level> <level label="ii"> <text>“Extending” includes any proposed disposal capacity to be established by the lateral development of the landfill facility or site or of any noncontiguous acreage within one-half mile from the perimeter of the landfill site boundary.</text> </level> <level label="iii"> <text>“Expanding” includes any proposed disposal capacity to be established by a material alteration of the landfill facility or site through an increase in the height of any landfill cell or otherwise.</text> </level> </level> </level> <level label="e"> <text>The issuance of a certificate does not require the approval of any county or municipal council, board, authority, or unit. Any plan for management of liquid, solid, hazardous, or low-level nuclear waste adopted by any subdivision of the State shall be consistent with the terms of the certificate.</text> </level> <level label="f"> <text>The certificate shall contain a statement of the purpose for which it is issued and a description of the site and proposed facility, and shall indicate the locations on the site of all facilities, all buffer and security areas, and all areas to be used for appurtenant functions.</text> </level> <level label="g"> <text>A certificate is valid only for the site and facility for which it is issued.</text> </level> <level label="h"> <level label="1"> <text>A person may not make any material change that, as to a facility or the use of a site, is contrary to the purpose or conditions for which a certificate was issued, unless:</text> <level label="i"> <text>The person first submits the proposed change to the Board for reconsideration of the certificate; and</text> </level> <level label="ii"> <text>The Board approves the change.</text> </level> </level> <level label="2"> <text>An application for reconsideration shall be made by an applicant and processed by the Board in accordance with the same requirements, procedures, and restrictions that are applicable to an initial application for a certificate under this subtitle.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-406" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>Each application for a certificate submitted to the Board shall contain a report with information of the type, quality, and detail that will permit adequate consideration of the environmental, social, technical, and economic factors involved in the establishment and operation of the proposed facilities. The applicant shall make the report available to affected subdivisions and to the public.</text> </level> <level label="b"> <level label="1"> <text>On receipt of the application for a certificate the Board shall forward a copy of that application to the Department. The Department shall consider the application for a certificate as an application for the facility permit that is required under this article.</text> </level> <level label="2"> <text>On receipt of any application for a facility permit that is required under this article, the Department shall forward a copy of the facility permit application to the Board.</text> </level> </level> <level label="c"> <level label="1"> <text>The portion of the applicant’s report dealing with environmental and social assessments shall contain, but not be limited to:</text> <level label="i"> <text>The potential impact of the method and route of transportation of hazardous or low–level nuclear waste to the site and the potential impact of the establishment and operation of the proposed facility on air and water quality, existing land use, transportation, and natural resources in the area affected by proposed facilities;</text> </level> <level label="ii"> <text>A description of the expected effect of the facility; and</text> </level> <level label="iii"> <text>Recommendations for minimizing any adverse impact.</text> </level> </level> <level label="2"> <text>The portion of the applicant’s report dealing with technical and economic assessments shall contain, but not be limited to:</text> <level label="i"> <text>Detailed descriptions of the proposed site and facility, including site location and boundaries and facility purpose, type, size, capacity, and location on the site and estimates of the cost and charges to be made for material accepted; and</text> </level> <level label="ii"> <text>Provisions for managing the site following cessation of operation of the facility.</text> </level> </level> </level> <level label="d"> <text>Acceptance by the Board of any application for processing does not preclude the Board from requiring further information from the applicant if the Board considers the additional information necessary for adequate consideration of the application.</text> </level> <level label="e"> <level label="1"> <text>The Board shall adopt regulations describing and governing the procedure for obtaining a certificate, including procedures under paragraph (2) of this subsection. The provisions of this section do not exempt the Board from the requirements of Title 10, Subtitles 1 and 2 of the State Government Article.</text> </level> <level label="2"> <text>Procedural regulations adopted under this subsection shall:</text> <level label="i"> <text>Provide for notice to interested persons of any decision to issue or deny a certificate;</text> </level> <level label="ii"> <text>Permit a person to request a hearing under Title 10, Subtitle 2 of the State Government Article (Administrative Procedure Act – Contested Cases), if the person makes factual allegations with sufficient particularity to demonstrate that:</text> <level label="1"> <text>The person is aggrieved by the decision; and</text> </level> <level label="2"> <text>The decision is:</text> </level> <level label="A"> <text>Legally inconsistent with any provision of law applicable to the decision being challenged; or</text> </level> <level label="B"> <text>Based upon an incorrect determination of a relevant and material fact;</text> </level> </level> <level label="iii"> <text>Provide the Board with discretionary authority to stay the effectiveness of its decision pending the outcome of the hearing; and</text> </level> <level label="iv"> <text>Provide that, if a request for a hearing is granted, the Board’s final decision on the application shall be based on the record made in the hearing, including the proposed findings of fact and conclusions of law recommended to the Board by the presiding officer.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>At least 90 days prior to issuance of a certificate, the Board shall seek the advice and comment of the following:</text> <level label="i"> <text>The Secretaries of Natural Resources, the Environment, Commerce, and Agriculture;</text> </level> <level label="ii"> <text>The Secretary of Planning;</text> </level> <level label="iii"> <text>The Controlled Hazardous Substances Advisory Council; and</text> </level> <level label="iv"> <text>The governing body of any subdivision of the State within which all or part of the proposed site is to be located and the governing bodies of adjoining subdivisions.</text> </level> </level> <level label="2"> <text>At least 90 days prior to the issuance of a certificate, the Board shall seek the comments of:</text> <level label="i"> <text>Each landowner of record whose property is within 1,000 feet of the proposed site; and</text> </level> <level label="ii"> <text>Residents who live within 1 mile of the proposed site.</text> </level> </level> <level label="3"> <text>Within 30 days after the Board seeks the advice of a party listed under paragraph (1) of this subsection, the party shall respond to the Board in writing by either:</text> <level label="i"> <text>Setting forth the advice and comments of the party as to the proposed certification; or</text> </level> <level label="ii"> <text>Stating that the party has no comments as to the proposed certification.</text> </level> </level> </level> <level label="g"> <level label="1"> <text>Before it may issue a certificate, the Board shall hold an informational meeting in the subdivision in which the proposed site is to be located for the purpose of receiving advice and comments from the public.</text> </level> <level label="2"> <text>The informational meeting shall be held at least 60 days prior to the issuance of a certificate.</text> </level> <level label="3"> <text>If a site is located in more than one subdivision, the informational meeting shall be held at a location reasonably convenient and accessible to the affected jurisdictions.</text> </level> <level label="4"> <text>The informational meeting may not be held until the application is complete.</text> </level> </level> <level label="h"> <level label="1"> <text>The Board shall make a decision to issue or deny a certificate within 6 months of receipt of an application and any additional information required under this section, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.</text> </level> <level label="2"> <text>With the concurrence of the applicant, the Board may extend this period for no more than an additional 6 months.</text> </level> </level> <level label="i"> <text>The Board shall set by rule and regulation a reasonable schedule of fees necessary to recover the costs of processing applications and issuing certificates under this subtitle.</text> </level> <level label="j"> <text>On issuance of a certificate the Board shall file a copy of that certificate with the Secretary to the Board and the Secretary of State. Copies of the certificate shall be sent by the Secretary to the Board to:</text> <level label="1"> <text>The governing body of any political subdivision of the State within which all or part of the proposed site is to be located and the governing bodies of adjoining subdivisions;</text> </level> <level label="2"> <text>The record owner(s) of the site and the record owners of adjoining property;</text> </level> <level label="3"> <text>The applicant, if different from the record owner;</text> </level> <level label="4"> <text>The Department;</text> </level> <level label="5"> <text>The Department of Natural Resources;</text> </level> <level label="6"> <text>The Department of Agriculture;</text> </level> <level label="7"> <text>The Maryland Department of Labor; and</text> </level> <level label="8"> <text>The Department of Planning.</text> </level> </level> <level label="k"> <text>The Board shall maintain records of its transactions including the applications and supporting data submitted by those seeking certificates from the Board and any other technical data considered in issuing or denying a certificate. These records are public records for the purposes of Title 4 of the General Provisions Article.</text> </level> <level label="l"> <text>The Board shall consider, review, and approve or deny hazardous or low–level nuclear waste sites applied for by the Maryland Environmental Service in the same manner in which it acts upon applications for issuance of certificates from other parties.</text> </level> </section> <section article="gen" article_name="Environment" number="7-407" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <text>Regardless of whether a site and facility are approved by a subdivision or are certified under this subtitle:</text> <level label="1"> <text>All other requirements for permits by State health or any other State regulatory agency remain applicable; and</text> </level> <level label="2"> <text>All other State environmental, health, and safety restrictions shall apply, as provided in § 7-405(c) of this subtitle.</text> </level> </section> <section article="gen" article_name="Environment" number="7-408" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>A certificate automatically shall be null and void if:</text> <level label="1"> <text>Construction or other preparation of the site for its intended use of the facility for which the certificate was issued has not commenced within 2 years following issuance of the certificate; or</text> </level> <level label="2"> <text>The facility has not commenced operation within 4 years following issuance of the certificate.</text> </level> </level> <level label="b"> <text>The Board may extend the time limits imposed under subsection (a) of this section if the certificate holder:</text> <level label="1"> <text>Applies to the Board for an extension; and</text> </level> <level label="2"> <text>Shows good cause for allowing the extension.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-409" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>The Board shall be a unit of the Department for purposes of executive organization.</text> </level> <level label="b"> <text>The Board has all powers necessary for carrying out the purposes of this subtitle, including but not limited to the powers set forth in this section, and may:</text> <level label="1"> <text>Make any contract or agreement the Board determines to be necessary or incidental to the performance of its duties and to the execution of the purpose of and the powers granted by this subtitle;</text> </level> <level label="2"> <text>Make directly, or through the hiring of staff or consultants, any plans, surveys, investigations, or studies bearing on the characteristics of any site or on the need for and employment of sites and facilities throughout the State; and</text> </level> <level label="3"> <text>Prepare information to further public understanding of matters that the Board is required to consider, such as site suitability, management alternatives and the treatment and disposal needs of the State, and to disseminate such information to environmental and community organizations, schools, libraries, local, State, and federal government agencies, and other members of the general public.</text> </level> </level> <level label="c"> <text>The determination by the Board of statewide need and the plans and surveys prepared by the Board as authorized by this subtitle shall be prepared in form and substance suitable for inclusion in any statewide solid waste management plan.</text> </level> <level label="d"> <text>To assist the Board in carrying out the provisions of this subtitle, the Department shall routinely furnish the Board with copies of relevant information and data filed with the Department under the provisions of this article that are applicable to the generation, transport, and disposal of hazardous waste.</text> </level> <level label="e"> <text>In the event that the statewide plan is no longer required under the Resource Conservation and Recovery Act, as amended, the Board within 1 year after the Act is not in effect shall prepare a 10-year hazardous waste management plan and shall propose procedures for its adoption.</text> </level> </section> <section article="gen" article_name="Environment" number="7-410" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <level label="1"> <level label="i"> <level label="1"> <text>In consultation with the appropriate agencies of State and local government, the Service shall prepare by June 1, 1981, an initial inventory of potential hazardous waste facility sites and a program for utilizing these sites that appear suitable for and capable of meeting disposal demands.</text> </level> <level label="2"> <text>In consultation with the appropriate agencies of State and local government, and as needed, the Service shall prepare an initial inventory of potential low–level nuclear waste sites and a program for using those sites which appear suitable for and capable of meeting disposal demands.</text> </level> <level label="3"> <text>In consultation with appropriate State and local officials and governing bodies, the Service shall, as needed, update the inventories and programs prepared under subsubparagraphs 1 and 2 of this subparagraph.</text> </level> <level label="4"> <text>The Service shall develop guidelines, consistent with the provisions of this subtitle, for evaluating types of sites for placement on the inventory, and shall apply said guidelines uniformly to all sites of a given type considered for placement on the inventory.</text> </level> </level> <level label="ii"> <text>In preparing the inventory, the Service shall solicit and consider recommendations from the governing body of each subdivision who shall prepare a list of sites which are believed to meet or exceed the requirement for facilities of the types under consideration by the Board. If the governing body cannot agree upon specific sites within 6 months of the request, the Service may select the sites for inclusion on the inventory.</text> </level> <level label="iii"> <text>The Service shall consider any recommendation that is submitted under this subsection on or before September 1, 1980, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.</text> </level> </level> <level label="2"> <level label="i"> <text>The inventory and program shall be maintained and, as needed, updated in consultation with the appropriate State and local agencies and local governing bodies.</text> </level> <level label="ii"> <text>In preparing the inventory updates, the Service shall solicit and consider recommendations from the governing body of each subdivision.</text> </level> <level label="iii"> <text>The Service shall consider any recommendation that is submitted under this subsection and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.</text> </level> </level> </level> <level label="b"> <text>The Service shall file a copy of its inventories and all updates with the Board.</text> </level> </section> <section article="gen" article_name="Environment" number="7-411" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>The Service may apply to the Board for a certificate for one or more sites.</text> </level> <level label="b"> <text>The Board may direct the Service to prepare and submit a proposal for acquisition or utilization or both of any inventoried site. The Board may further direct the Service to perform any act authorized by Subtitle 1 of Title 3 of the Natural Resources Article to implement the proposal if a certificate is issued.</text> </level> <level label="c"> <text>When the Service acts with respect to a site for which a certificate has been issued, §§ 3-102(c) and 3-104(v) of the Natural Resources Article do not apply.</text> </level> <level label="d"> <level label="1"> <text>If the Service owns a site or property on a site that is not, because of its ownership, subject to ordinary local taxes, and if a certificate has been issued for the site, the Service shall make payments in lieu of taxes to the subdivision in which the site is located.</text> </level> <level label="2"> <text>The cost of these payments shall be included as a part of project costs in the accounts of the Service and may be recovered by the Service from the users of the facilities on the site.</text> </level> <level label="3"> <text>Payment shall equal the amount of ordinary local taxes that would be due if the property were subject to taxation.</text> </level> <level label="4"> <text>Immediately upon acquisition of an interest in any site or property on a site, the Service shall request the State Department of Assessments and Taxation to certify to the local taxing authority the assessment associated with the property.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-412" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>Any interested party, including a prospective user of a hazardous or low–level nuclear waste facility site who generates hazardous or low–level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Appellate Court of Maryland.</text> </level> <level label="b"> <text>Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts.</text> </level> <level label="c"> <text>In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be:</text> <level label="1"> <text>In violation of constitutional provisions;</text> </level> <level label="2"> <text>Made on unlawful procedure;</text> </level> <level label="3"> <text>Arbitrary and capricious; or</text> </level> <level label="4"> <text>Affected by other error of law.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-413" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="4" subtitle_name="Hazardous Waste Facility Siting Program"> <level label="a"> <text>Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle.</text> </level> <level label="b"> <text>The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision:</text> <level label="1"> <text>For any damage if the subdivision, itself, operated the facility; or</text> </level> <level label="2"> <text>For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-501" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <level label="1"> <text>“Active enforcement” means after the Department has issued a notice of violation, order, consent order, or other enforcement action of the Department and until completion of activities required by that action.</text> </level> <level label="2"> <text>For purposes of paragraph (1) of this subsection, “other enforcement action” does not include a site complaint.</text> </level> </level> <level label="c"> <text>“Applicant” means a person who applies to participate in the Voluntary Cleanup Program.</text> </level> <level label="d"> <text>“Background level” means the level of a substance occurring naturally at the site prior to any manmade spill or release.</text> </level> <level label="e"> <text>“Contamination” means a release, discharge, or threatened release of:</text> <level label="1"> <text>A controlled hazardous substance, as defined in § 7–201 of this title; or</text> </level> <level label="2"> <text>Oil, as defined in § 4–401 of this article.</text> </level> </level> <level label="f"> <text>“Eligible applicant” means:</text> <level label="1"> <text>A responsible person who has not knowingly or willfully violated any law or regulation concerning controlled hazardous substances; or</text> </level> <level label="2"> <text>An inculpable person.</text> </level> </level> <level label="g"> <level label="1"> <text>“Eligible property” means property that is contaminated or perceived to be contaminated.</text> </level> <level label="2"> <text>“Eligible property” does not include property that is:</text> <level label="i"> <text>On the national priorities list under § 105 of the federal act;</text> </level> <level label="ii"> <text>Except as provided in paragraph (3)(i) of this subsection, under active enforcement; or</text> </level> <level label="iii"> <text>Subject to a controlled hazardous substances permit issued in accordance with this title.</text> </level> </level> <level label="3"> <level label="i"> <text>“Eligible property” includes a site under active enforcement if:</text> <level label="1"> <text>All applications filed in connection with the property are filed by inculpable persons; and</text> </level> <level label="2"> <text>Any response action plan and cleanup criteria approved by the Department under this subtitle is at least as protective of public health and the environment as the requirements of any outstanding active enforcement action.</text> </level> </level> <level label="ii"> <text>“Eligible property” includes sites listed on the Superfund Enterprise Management System or the Comprehensive Environmental Response, Compensation, and Liability Information System.</text> </level> </level> </level> <level label="h"> <text>“Federal act” has the meaning stated in § 7–201(j) of this title.</text> </level> <level label="i"> <text>“Imminent and substantial endangerment” means a release or threatened release of a hazardous substance that may pose a risk of significant harm to the public health or the environment at some foreseeable time in the future and is not limited to an emergency situation.</text> </level> <level label="j"> <level label="1"> <text>“Inculpable person” means a person who:</text> <level label="i"> <text>Has no prior or current ownership interest in an eligible property at the time of application to participate in the Voluntary Cleanup Program; and</text> </level> <level label="ii"> <text>Has not caused or contributed to contamination at the eligible property at the time of application to participate in the Voluntary Cleanup Program.</text> </level> </level> <level label="2"> <text>“Inculpable person” includes:</text> <level label="i"> <text>A successor in interest in an eligible property acquired from an inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest does not have a prior ownership interest in the eligible property and, other than by virtue of ownership of the eligible property, is not otherwise a responsible person at the eligible property; and</text> </level> <level label="ii"> <text>Notwithstanding paragraph (1)(i) of this subsection, a person who is not considered a responsible person under § 7–201(t)(2) of this title.</text> </level> </level> </level> <level label="k"> <text>“Participant” means an applicant accepted into the Voluntary Cleanup Program.</text> </level> <level label="l"> <text>“Previously undiscovered contamination” means contamination at an eligible property which was not identified or addressed in a notice of no further requirements or response action plan.</text> </level> <level label="m"> <text>“Program” means the Voluntary Cleanup Program established under this subtitle.</text> </level> <level label="n"> <text>“Responsible person” has the meaning stated in § 7–201(t) of this title.</text> </level> </section> <section article="gen" article_name="Environment" number="7-502" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>In addition to the powers set forth elsewhere in this article, the Department may:</text> <level label="1"> <text>Accept and administer loans and grants from the federal government and other sources, public or private, to carry out any of its functions under this subtitle; and</text> </level> <level label="2"> <text>Adopt regulations to implement the provisions of this subtitle.</text> </level> </level> <level label="b"> <text>To implement the requirements of this subtitle, the Department shall develop and use standardized applications, certificates of completion, and other forms.</text> </level> </section> <section article="gen" article_name="Environment" number="7-503" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>There is a Voluntary Cleanup Program in the Department.</text> </level> <level label="b"> <text>The purpose of the Voluntary Cleanup Program is to:</text> <level label="1"> <text>Encourage the investigation of eligible properties with known or perceived contamination;</text> </level> <level label="2"> <text>Protect public health and the environment where cleanup projects are being performed or need to be performed;</text> </level> <level label="3"> <text>Accelerate cleanup of eligible properties; and</text> </level> <level label="4"> <text>Provide predictability and finality to the cleanup of eligible properties.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-504" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <level label="1"> <text>There is a Voluntary Cleanup Fund established as a nonlapsing, revolving special fund.</text> </level> <level label="2"> <text>Moneys credited and any interest accrued to the Fund:</text> <level label="i"> <text>Shall remain available until expended; and</text> </level> <level label="ii"> <text>May not be reverted to the General Fund under any other provision of law.</text> </level> </level> </level> <level label="b"> <text>All application fees and other moneys collected by the Department under this subtitle from applicants in the Program shall be paid to the Voluntary Cleanup Fund.</text> </level> <level label="c"> <text>Moneys appropriated, granted, loaned, or otherwise provided to the Department for the support of the Program shall be paid to the Voluntary Cleanup Fund.</text> </level> <level label="d"> <text>The Department may use:</text> <level label="1"> <text>The application fees in the Voluntary Cleanup Fund for activities related to the review of proposed voluntary cleanup projects and the direct administrative oversight of voluntary cleanup projects, including cost recovery and program development; and</text> </level> <level label="2"> <text>Any moneys, other than application fees, in the Voluntary Cleanup Fund for any activities relating to the Voluntary Cleanup Program.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-505" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <level label="1"> <text>If the Department approves a person’s status as an inculpable person under this subtitle, the person’s status as an inculpable person continues upon acquiring an interest in the eligible property.</text> </level> <level label="2"> <text>If the person meets the requirements of § 7-506(a)(1)(i), (ii), and (iii) of this subtitle, the Department shall approve or disapprove the person’s status as an inculpable person within 5 business days of receiving:</text> <level label="i"> <text>A written request from the person for an expedited determination of the person’s status as an inculpable person; and</text> </level> <level label="ii"> <text>A fee of $2,000.</text> </level> </level> <level label="3"> <text>Notwithstanding paragraph (1) of this subsection, the Department’s approval of a person’s status as an inculpable person expires if the application, including any applicable fees, required under this subtitle is not filed within 6 months after the approval of a person’s status as an inculpable person.</text> </level> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property.</text> </level> <level label="c"> <text>An inculpable person shall be liable for:</text> <level label="1"> <text>New contamination that the person causes or contributes to at the eligible property; and</text> </level> <level label="2"> <text>Exacerbation of existing contamination at the eligible property.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-506" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <level label="1"> <text>To participate in the Program, an applicant shall:</text> <level label="i"> <text>Submit an application, on a form provided by the Department, that includes:</text> <level label="1"> <text>Information demonstrating to the satisfaction of the Department that the contamination did not result from the applicant knowingly or willfully violating any law or regulation concerning controlled hazardous substances;</text> </level> <level label="2"> <text>Information demonstrating the person’s status as a responsible person or an inculpable person;</text> </level> <level label="3"> <text>Information demonstrating that the property is an eligible property as defined in § 7–501 of this subtitle;</text> </level> <level label="4"> <text>A detailed report with all available relevant information on environmental conditions including contamination at the eligible property known to the applicant at the time of the application;</text> </level> <level label="5"> <text>An environmental site assessment that includes:</text> </level> <level label="A"> <text>Established Phase I site assessment standards and follows principles established by the American Society for Testing and Materials and that demonstrates to the satisfaction of the Department that the assessment has been conducted in accordance with those standards and principles; and</text> </level> <level label="B"> <text>A Phase II site assessment unless the Department concludes, after review of the Phase I site assessment, that there is sufficient information to determine that there are no recognized environmental conditions, as defined by the American Society for Testing and Materials; and</text> </level> <level label="6"> <text>A description, in summary form, of a proposed voluntary cleanup project that includes the proposed cleanup criteria under § 7–508 of this subtitle and the proposed future use of the property, if appropriate; and</text> </level> </level> <level label="ii"> <text>Subject to paragraph (2) of this subsection, pay to the Department:</text> <level label="1"> <text>An initial application fee of $10,000 which the Department may reduce on a demonstration of financial hardship in accordance with subsection (b) of this section;</text> </level> <level label="2"> <text>An application fee of $2,000 for each application submitted subsequent to the initial application for the same property;</text> </level> <level label="3"> <text>An application fee of $2,000 for each application submitted subsequent to the initial application for contiguous or adjacent properties that are part of the same planned unit development or a similar development plan; and</text> </level> <level label="4"> <text>If the direct costs of review of the application and administration and oversight of the response action plan exceed the application fee, the additional costs incurred by the Department.</text> </level> </level> </level> <level label="2"> <text>If an applicant certifies that the applicant intends to use the eligible property to generate clean or renewable energy, the Department shall waive the fees required under paragraph (1)(ii) of this subsection.</text> </level> </level> <level label="b"> <text>The Department shall adopt regulations to establish criteria for determining whether an applicant has:</text> <level label="1"> <text>Demonstrated financial hardship; or</text> </level> <level label="2"> <text>Certified that the applicant intends to use the eligible property to generate clean or renewable energy.</text> </level> </level> <level label="c"> <level label="1"> <text>The applicant may delay submitting the Phase II site assessment until after the application and applicable fees are submitted.</text> </level> <level label="2"> <text>If an applicant delays filing a Phase II site assessment, all related deadlines for public notice and action by the Department shall be extended and conform with the date the Phase II site assessment is submitted and the application is complete.</text> </level> </level> <level label="d"> <level label="1"> <text>On submission of the application, the Department shall publish a notice of the application on its website and the applicant shall post notice at the property that is the subject of the application.</text> </level> <level label="2"> <text>The notices required under paragraph (1) of this subsection shall include:</text> <level label="i"> <text>The name and address of the applicant and the property;</text> </level> <level label="ii"> <text>The name, address, and telephone number of the office within the Department from which information about the application may be obtained; and</text> </level> <level label="iii"> <text>The time period during which the Department will receive and consider written comments from the public.</text> </level> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>The Department shall notify the applicant in writing, within 60 days after receipt of the application, whether:</text> <level label="1"> <text>The application, including the applicant’s status as a responsible person or an inculpable person, is approved;</text> </level> <level label="2"> <text>The application is denied or incomplete; or</text> </level> <level label="3"> <text>The Department has no further requirements related to the investigation of controlled hazardous substances at the eligible property as provided in paragraph (3) of this subsection.</text> </level> </level> <level label="ii"> <text>If the Department denies the application or determines that the application is incomplete, the Department shall provide to the applicant the reasons for its decision in writing.</text> </level> </level> <level label="2"> <level label="i"> <text>An applicant may resubmit an application within 60 days after receipt of notice of the Department’s decision to deny the initial application or determination that the application is incomplete.</text> </level> <level label="ii"> <text>The Department shall approve or deny a resubmitted or revised application within 30 days after receipt.</text> </level> </level> <level label="3"> <text>If the Department notifies the applicant that the Department has no further requirements at the eligible property in accordance with paragraph (1)(i)3 of this subsection, the Department shall include a statement that this notice does not:</text> <level label="i"> <text>Subject to the provisions of § 7–505 of this subtitle, prevent the Department from taking action against any person to prevent or abate an imminent and substantial endangerment to the public health or the environment at the eligible property;</text> </level> <level label="ii"> <text>Remain in effect if the notice of no further requirements is obtained through fraud or a material misrepresentation;</text> </level> <level label="iii"> <text>Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a no further requirements notice has been issued by the Department; or</text> </level> <level label="iv"> <text>Affect the authority of the Department to require additional cleanup for future activities at the site that result in contamination by hazardous substances.</text> </level> </level> <level label="4"> <text>The no further requirements notice shall provide the same liability protections as provided in § 7–513(b)(3) and (4) of this subtitle.</text> </level> <level label="5"> <text>The participant and any successors in interest in a property subject to a no further requirements notice shall continue to be protected from liability in the event of any violation of the conditions placed on the use of the property, provided that the participant and any successors in interest did not cause or contribute to the violation.</text> </level> </level> <level label="f"> <level label="1"> <text>The Department shall deny an application if:</text> <level label="i"> <text>The applicant is not an eligible applicant;</text> </level> <level label="ii"> <text>The property is not an eligible property; or</text> </level> <level label="iii"> <text>The property was initially contaminated by a release of hazardous substances after October 1, 1997 unless:</text> <level label="1"> <text>The property is acquired by an inculpable person; or</text> </level> <level label="2"> <text>The contamination was caused by an act of God.</text> </level> </level> </level> <level label="2"> <text>For the purposes of paragraph (1)(iii) of this subsection, any property identified in the Superfund Enterprise Management System or the Comprehensive Environmental Response, Compensation, and Liability Information System in accordance with the federal act as of October 1, 1997 is presumed to have been initially contaminated on or before October 1, 1997.</text> </level> </level> <level label="g"> <level label="1"> <text>Within 30 days after receiving notification of approval of an application, a participant shall inform the Department in writing whether the participant intends to proceed or withdraw from the Program.</text> </level> <level label="2"> <text>If a participant does not notify the Department of the participant’s intent to proceed or withdraw in accordance with paragraph (1) of this subsection, the application will be deemed to be withdrawn.</text> </level> </level> <level label="h"> <text>A determination by the Department that it has no further requirements may be transferred to a subsequent purchaser of the property provided that the subsequent purchaser did not cause or contribute to the contamination.</text> </level> <level label="i"> <level label="1"> <text>If a determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall provide written evidence to the Department that the determination was presented for recordation in the land records of the local jurisdiction within 60 days after receiving the determination.</text> </level> <level label="2"> <text>If the determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions and the participant fails to record the determination in the land records in accordance with paragraph (1) of this subsection, the determination shall be void.</text> </level> <level label="3"> <level label="i"> <text>If a determination by the Department that it has no further requirements at a property is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall send a copy of the determination to a one–call system as defined in § 12–101 of the Public Utilities Article.</text> </level> <level label="ii"> <text>Any obligation for the participant to send the information required under subparagraph (i) of this paragraph does not negate the obligation of an owner as defined in § 12–101(f) of the Public Utilities Article to become a member of the one–call system under Title 12 of the Public Utilities Article.</text> </level> </level> </level> <level label="j"> <text>Subject to the provisions of § 7–516(a) of this subtitle and approval by the Department, if an owner of an eligible property that has limited permissible uses wants to change the use of the eligible property, the owner:</text> <level label="1"> <text>Is responsible for the cost of cleaning up the property to the appropriate standard; and</text> </level> <level label="2"> <text>Shall be liable for any fees waived under subsection (a)(2) of this section if the eligible property is not in compliance with a certification that requires the eligible property to be used to generate clean or renewable energy.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-506.1" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>If a determination by the Department that it has no further requirements is conditioned on certain uses of the property or on the maintenance of certain conditions, the participant shall pay to the Department a fee of $2,000.</text> </level> <level label="b"> <text>If a certificate of completion is conditioned on the permissible use of the property, the participant shall pay to the Department a fee of $2,000.</text> </level> <level label="c"> <text>On a request by a participant to alter a record of determination in the land records for an eligible property with conditions in accordance with § 7-506(i) or § 7-514(d) of this subtitle, the participant shall pay to the Department a fee of $2,000.</text> </level> </section> <section article="gen" article_name="Environment" number="7-507" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <text>When an applicant submits an application under § 7–506 of this subtitle, the applicant also may submit a request to the Department of Commerce to determine the applicant’s eligibility to qualify for financial incentives for the redevelopment of a brownfields site in accordance with Title 5, Subtitle 3 of the Economic Development Article.</text> </section> <section article="gen" article_name="Environment" number="7-508" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>After the Department approves an application in accordance with § 7–506 of this subtitle, the participant shall develop a response action plan that includes:</text> <level label="1"> <text>A plan for all work necessary to perform the proposed response action plan, including long–term monitoring and maintenance of the site, if necessary;</text> </level> <level label="2"> <text>A demonstration to the satisfaction of the Department that the proposed response action plan:</text> <level label="i"> <text>Will achieve the appropriate criteria under subsection (b) of this section; and</text> </level> <level label="ii"> <text>Will protect public health and the environment;</text> </level> </level> <level label="3"> <text>A certified written statement that the property meets all applicable county and municipal zoning requirements; and</text> </level> <level label="4"> <text>Any other information related to the proposed response action plan that the Department may reasonably require to determine that the plan meets the requirements of this subtitle.</text> </level> </level> <level label="b"> <text>A participant shall select one or more of the following criteria that protects public health and the environment, as may be appropriate when proposing a response action plan:</text> <level label="1"> <text>Uniform numeric risk–based standards;</text> </level> <level label="2"> <text>Measurable standards based on site–specific risk assessments;</text> </level> <level label="3"> <text>Background levels;</text> </level> <level label="4"> <text>Federal or State soil standards or water quality standards;</text> </level> <level label="5"> <text>Standards based on federal or State maximum contaminant levels (MCLs); or</text> </level> <level label="6"> <text>Any other federal or State standards.</text> </level> </level> <level label="c"> <text>The response action plan shall:</text> <level label="1"> <text>Enumerate the responsibilities and duties of the Department and the participant;</text> </level> <level label="2"> <text>Include a schedule for the implementation and completion of the response action plan;</text> </level> <level label="3"> <text>Include a written agreement that if the response action plan is approved, the participant agrees, subject to the withdrawal provisions set forth in § 7–512 of this subtitle, to comply with the provisions of the plan; and</text> </level> <level label="4"> <text>Include a proposal for the filing of a performance bond or other security in accordance with the requirements of subsection (d) of this section.</text> </level> </level> <level label="d"> <level label="1"> <text>A participant shall file a performance bond or other security with the Department within 10 days after receiving the Department’s approval of a response action plan and before the participant may perform any work on the site.</text> </level> <level label="2"> <level label="i"> <text>The performance bond required under paragraph (1) of this subsection shall be in an amount determined by the Department to be necessary to secure and stabilize the site if the response action plan is not completed.</text> </level> <level label="ii"> <text>The market value of other security deposited under this section may not be less than the amount specified in subparagraph (i) of this paragraph.</text> </level> </level> <level label="3"> <text>The obligation of the bond filed under this section shall be void upon the issuance of a certificate of completion to the participant or, if the participant withdraws from the Program, 16 months after the date of withdrawal.</text> </level> <level label="4"> <text>The obligation of the participant under the bond or other security shall become due and payable upon notification by the Department that actions must be taken to fulfill the requirements of § 7–512 of this subtitle to the extent the requirements of § 7–512 of this subtitle apply to the participant.</text> </level> </level> <level label="e"> <level label="1"> <text>The Department may adopt uniform numeric risk–based standards by regulation based on residential and industrial uses under subsection (b) of this section.</text> </level> <level label="2"> <text>The Department shall review uniform numeric risk–based standards every 4 years and may revise the standards.</text> </level> </level> <level label="f"> <text>This section may not be construed to eliminate or otherwise affect any other provision of law requiring a person to report a release or a threat of a release of a controlled hazardous substance.</text> </level> </section> <section article="gen" article_name="Environment" number="7-509" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>Upon submission of a proposed response action plan, the participant:</text> <level label="1"> <text>Shall publish a notice of a proposed response action plan once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the eligible property is located that shall include:</text> <level label="i"> <text>A summary of the proposed response action plan;</text> </level> <level label="ii"> <text>The name and address of the participant and eligible property;</text> </level> <level label="iii"> <text>The name, address, and telephone number of the office within the Department from which information about the proposed response action plan may be obtained;</text> </level> <level label="iv"> <text>An address to which persons may submit written comments about the proposed response action plan;</text> </level> <level label="v"> <text>A deadline for the close of the public comment period by which written comments must be received by the Department; and</text> </level> <level label="vi"> <text>The date and location of the public informational meeting; and</text> </level> </level> <level label="2"> <text>Shall post at the eligible property a notice of intent to conduct a response action plan at that property.</text> </level> </level> <level label="b"> <text>The Department shall receive written comments from the public for 30 days after publication and posting required under this section or 5 days after the public informational meeting required under this section, whichever is later.</text> </level> <level label="c"> <text>The Department shall hold a public informational meeting on the proposed response action plan at the participant’s expense within 40 days after the publication of the notice in accordance with subsection (a)(1) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="7-510" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment.</text> </level> <level label="b"> <text>In making a determination as to whether the criteria selected by the participant and remedial actions in a proposed response action plan protect public health and the environment, the Department shall consider whether the eligible property is:</text> <level label="1"> <text>Located in an industrial area and used for industrial purposes;</text> </level> <level label="2"> <text>Located in a residential area and used for industrial purposes; or</text> </level> <level label="3"> <text>Located in a residential area and used for residential purposes or other purposes that require unlimited public access.</text> </level> </level> <level label="c"> <text>The failure of the Department to adopt final regulations under this subtitle may not prevent the Department from approving a response action plan on an individual plan basis.</text> </level> </section> <section article="gen" article_name="Environment" number="7-511" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>Within 75 days after the Department has received a proposed response action plan, the Department, after considering any comments the Department has received under § 7-509 of this subtitle, shall notify the participant in writing that:</text> <level label="1"> <text>The response action plan has been approved; or</text> </level> <level label="2"> <text>The response action plan has been rejected and shall state the modifications in the response action plan that are necessary to receive the Department’s approval.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>If the Department notifies a participant that modifications in a response action plan are necessary to receive the Department’s approval, the participant may resubmit the plan within 120 days after receipt of the Department’s notification.</text> </level> <level label="ii"> <text>If the participant does not resubmit the plan within 120 days under subparagraph (i) of this paragraph, the participant will be considered to have withdrawn the participant’s application in accordance with § 7-512 of this subtitle.</text> </level> </level> <level label="2"> <text>Within 30 days after receipt of a resubmitted plan under paragraph (1) of this subsection, the Department shall notify the participant whether the plan has been approved.</text> </level> </level> <level label="c"> <text>The response action plan approval letter shall state that, subject to the requirements of § 7-514 of this subtitle:</text> <level label="1"> <text>No further action will be required to accomplish the objectives set forth in the approved response action plan other than those actions described in the approved response action plan; and</text> </level> <level label="2"> <text>The participant will receive a certificate of completion subject to the conditions and requirements of § 7-514(b) of this subtitle if:</text> <level label="i"> <text>The approved response action plan is implemented to the satisfaction of the Department; and</text> </level> <level label="ii"> <text>The response action plan has achieved the cleanup criteria.</text> </level> </level> </level> <level label="d"> <text>A response action plan approval letter, if applicable, shall include a limitation on the permissible uses of the property that is consistent with the response action plan.</text> </level> </section> <section article="gen" article_name="Environment" number="7-512" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>Except as provided in subsections (b) and (c) of this section, a participant may withdraw from the Program at the time of a pending application or response action plan, or after receiving a certificate of completion, and may not be obligated to complete an application or a response action plan if the participant:</text> <level label="1"> <text>Provides 10 days’ written notice of the anticipated withdrawal to the Department;</text> </level> <level label="2"> <text>Stabilizes and secures the eligible property to the satisfaction of the Department to ensure protection of the public health and the environment; and</text> </level> <level label="3"> <text>Forfeits any application fees.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an inculpable person who withdraws from the Program may not be required by the Department to clean up the eligible property.</text> </level> <level label="2"> <text>If an inculpable person withdraws from the Program, the inculpable person shall be liable for new contamination or the exacerbation of existing contamination at the eligible property as provided in § 7–505 of this subtitle.</text> </level> </level> <level label="c"> <text>If a responsible person withdraws from the Program, the Department may take any applicable enforcement action authorized under this title.</text> </level> <level label="d"> <text>If a participant fails to meet the schedule for implementation and completion of the response action plan that is set forth in the plan, the Department may:</text> <level label="1"> <text>Reach an agreement with the participant to revise the schedule of completion in the response action plan; or</text> </level> <level label="2"> <text>If an agreement cannot be reached under paragraph (1) of this subsection, withdraw approval of the response action plan.</text> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, if the Department withdraws approval of an inculpable person’s response action plan under subsection (d)(2) of this section, the inculpable person may not be required by the Department to complete the response action plan.</text> </level> <level label="2"> <text>If the Department withdraws approval of an inculpable person’s response action plan under subsection (d)(2) of this section, the inculpable person:</text> <level label="i"> <text>Shall stabilize and secure the eligible property to ensure protection of the public health and the environment; and</text> </level> <level label="ii"> <text>Shall be liable for new contamination or the exacerbation of existing contamination at the eligible property as provided in § 7–505 of this subtitle.</text> </level> </level> <level label="3"> <text>If the Department withdraws approval of a responsible person’s response action plan:</text> <level label="i"> <text>The responsible person shall stabilize and secure the eligible property to ensure protection of the public health and the environment; and</text> </level> <level label="ii"> <text>The Department may take any applicable enforcement action authorized under this title.</text> </level> </level> </level> <level label="f"> <text>If an application, a response action plan, or a certificate of completion is withdrawn under this section:</text> <level label="1"> <text>Any letter or certificate of completion issued to an applicant or a participant under this subtitle shall be void; and</text> </level> <level label="2"> <text>Any bond or other security shall be maintained for a period not to exceed 16 months from the date the response action plan is withdrawn.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-513" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <level label="1"> <text>Upon completion of the requirements of the response action plan, the participant shall notify the Department in writing that the response action plan has been completed.</text> </level> <level label="2"> <text>Within 60 days after receipt of the notice of completion under paragraph (1) of this subsection:</text> <level label="i"> <text>The Department shall review the implementation and completion of the response action plan at the eligible property; and</text> </level> <level label="ii"> <text>If the Department determines that the requirements of the response action plan have been completed to the satisfaction of the Department and the response action plan has achieved the cleanup criteria, the Department shall issue a certificate of completion.</text> </level> </level> </level> <level label="b"> <text>The certificate of completion shall state that, subject to the requirements of § 7–514(b) of this subtitle:</text> <level label="1"> <text>The requirements of the response action plan have been completed;</text> </level> <level label="2"> <text>The participant has demonstrated that the implementation of the response action plan at the eligible property has achieved the applicable cleanup criteria under § 7–508(b) of this subtitle;</text> </level> <level label="3"> <text>The Department may not bring an enforcement action against the participant at the eligible property; and</text> </level> <level label="4"> <text>The participant:</text> <level label="i"> <text>Is released from further liability for the remediation of the eligible property under this title for any contamination identified in the environmental site assessment; and</text> </level> <level label="ii"> <text>May not be subject to a contribution action instituted by a responsible person.</text> </level> </level> </level> <level label="c"> <text>Within 10 days after the issuance of a certificate of completion, the Department shall send a copy of the certificate of completion to the Director of the Department of Assessments and Taxation.</text> </level> <level label="d"> <text>A requirement for long–term monitoring and maintenance in the approved response action plan may not delay the issuance of the certificate of completion under subsection (a) of this section.</text> </level> </section> <section article="gen" article_name="Environment" number="7-514" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>A response action plan approval letter does not:</text> <level label="1"> <text>Subject to the provisions of § 7-505 of this subtitle, prevent the Department from taking action against any person to prevent or abate an imminent and substantial endangerment to the public health or the environment at the eligible property;</text> </level> <level label="2"> <text>Remain in effect if the response action plan approval letter is obtained through fraud or a material misrepresentation;</text> </level> <level label="3"> <text>Affect the authority of the Department to take any action against any person concerning new contamination or the exacerbation of existing contamination at an eligible property after a response action plan approval letter has been issued by the Department;</text> </level> <level label="4"> <text>Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a response action plan approval letter has been issued by the Department;</text> </level> <level label="5"> <text>Prevent the Department from taking action against any person who is responsible for long-term monitoring and maintenance as provided in the response action plan; or</text> </level> <level label="6"> <text>Prevent the Department from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the response action plan approval letter.</text> </level> </level> <level label="b"> <text>A certificate of completion does not:</text> <level label="1"> <text>Subject to the provisions of § 7-505 of this subtitle, prevent the Department from taking action against any person to prevent or abate an imminent and substantial endangerment to the public health or the environment at the eligible property;</text> </level> <level label="2"> <text>Remain in effect if the certificate of completion is obtained through fraud or a material misrepresentation;</text> </level> <level label="3"> <text>Affect the authority of the Department to take any action against any person concerning new contamination or exacerbation of existing contamination at an eligible property after a certificate of completion has been issued by the Department;</text> </level> <level label="4"> <text>Affect the authority of the Department to take any action against a responsible person concerning previously undiscovered contamination at an eligible property after a certificate of completion has been issued by the Department;</text> </level> <level label="5"> <text>Prevent the Department from taking action against any person who is responsible for long-term monitoring and maintenance for failure to comply with the response action plan;</text> </level> <level label="6"> <text>Prevent the Department from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the certificate of completion; or</text> </level> <level label="7"> <text>Subject to the provisions of § 7-512 of this subtitle, prevent the Department from requiring any person to take further action if the eligible property fails to meet the applicable cleanup criteria set forth in the response action plan approved by the Department.</text> </level> </level> <level label="c"> <text>A response action plan approval letter or a certificate of completion may be transferred to any person whose actions did not cause or contribute to the contamination.</text> </level> <level label="d"> <level label="1"> <text>If a certificate of completion is conditioned on the permissible use of the property, the participant shall provide written evidence to the Department that the certificate of completion was presented for recordation in the land records of the local jurisdiction within 60 days after receiving the certificate.</text> </level> <level label="2"> <text>If the certificate of completion has a conditioned use and the participant fails to record the certificate of completion in the land records in accordance with paragraph (1) of this subsection, the certificate of completion shall be void.</text> </level> <level label="3"> <level label="i"> <text>If a certificate of completion is conditioned on the permissible use of the property, the participant shall send a copy of the certificate of completion to a one–call system, as defined in § 12–101 of the Public Utilities Article.</text> </level> <level label="ii"> <text>Any obligation for the participant to send the information required under subparagraph (i) of this paragraph does not negate the obligation of an owner as defined under § 12–101(f) of the Public Utilities Article to become a member of the one–call system under Title 12 of the Public Utilities Article.</text> </level> </level> </level> <level label="e"> <text>Subject to the provisions of § 7-516(a) of this subtitle, if an owner of an eligible property that has limited permissible uses wants to change the use of the eligible property, the owner, subject to approval by the Department, is responsible for the cost of cleaning up the eligible property to the appropriate standard.</text> </level> <level label="f"> <text>The participant and any successors in interest in a property subject to a certificate of completion shall continue to be protected from liability in the event of any violation of the conditions placed on the use of the property, provided that the participant and any successors in interest did not cause or contribute to the violation.</text> </level> </section> <section article="gen" article_name="Environment" number="7-515" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>The provisions of §§ 7-256 through 7-268 of this title shall be used and shall apply to enforce violations of:</text> <level label="1"> <text>This subtitle; or</text> </level> <level label="2"> <text>Any regulation adopted under this subtitle.</text> </level> </level> <level label="b"> <text>Any action taken by the Department under this subtitle at a site under active enforcement may not:</text> <level label="1"> <text>Negate the terms and conditions of any outstanding active enforcement order, decree, judgment, permit, or other document that addresses environmental contamination at the site; or</text> </level> <level label="2"> <text>Relieve any person who is the subject of an active enforcement action from liability for penalties under the enforcement action.</text> </level> </level> </section> <section article="gen" article_name="Environment" number="7-516" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="5" subtitle_name="Voluntary Cleanup Program"> <level label="a"> <text>This subtitle does not affect, and may not be construed as affecting, the planning or zoning authority of a county or municipal corporation.</text> </level> <level label="b"> <text>This subtitle does not affect, and may not be construed as affecting, any tort action against any participant.</text> </level> </section> <section article="gen" article_name="Environment" number="7-601" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="6" subtitle_name="Community Right-to-Know Fund"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Extremely hazardous substance” means a substance that is defined as an extremely hazardous substance under § 329(3) of the federal Act.</text> </level> <level label="c"> <text>“Facility” means a facility that is subject to the federal Act.</text> </level> <level label="d"> <text>“Federal Act” means the federal Emergency Planning and Community Right–to–Know Act of 1986.</text> </level> <level label="e"> <text>“Fund” means the Maryland Community Right–to–Know Fund established under § 7–604 of this subtitle.</text> </level> <level label="f"> <text>“Hazardous chemical” has the meaning stated in 42 U.S.C. § 11021(e).</text> </level> <level label="g"> <text>“Local emergency planning committee”, or “LEPC”, has the meaning stated in 40 C.F.R. 355.20.</text> </level> <level label="h"> <text>“Responsible person” means an owner or operator of a facility that is required to report under the federal Act.</text> </level> </section> <section article="gen" article_name="Environment" number="7-602" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="6" subtitle_name="Community Right-to-Know Fund"> <level label="a"> <text>The Department shall serve as the information repository for the State Emergency Response Commission.</text> </level> <level label="b"> <text>Each owner or operator of a facility that is required by the federal Act, or any regulations adopted under the federal Act, to furnish a report, notice, or any other form of information to the State or any of its officers or instrumentalities, including the State Emergency Response Commission, the Governor, or the Governor’s designee, shall satisfy the requirement by providing the information to the Department.</text> </level> <level label="c"> <text>The Department may adopt regulations to specify forms, fees, set deadlines, and otherwise implement this subtitle.</text> </level> <level label="d"> <text>This section does not relieve any facility from any requirement under the federal Act or under any local ordinance to report to instrumentalities of federal or local government.</text> </level> </section> <section article="gen" article_name="Environment" number="7-603" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="6" subtitle_name="Community Right-to-Know Fund"> <text>A responsible person may not knowingly or recklessly submit false information under this subtitle.</text> </section> <section article="gen" article_name="Environment" number="7-604" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="6" subtitle_name="Community Right-to-Know Fund"> <level label="a"> <text>Notwithstanding § 7-219 of this title, there is a Community Right-to-Know Fund.</text> </level> <level label="b"> <text>The Department shall use the Community Right–to–Know Fund for:</text> <level label="1"> <text>The collection, management, and analysis of data received by the Department from an owner or operator of a facility that is required by the federal Act or any regulations adopted under the federal Act to provide information to the State under § 7–602(b) of this subtitle;</text> </level> <level label="2"> <text>Enforcement by the State of this subtitle or the federal Act;</text> </level> <level label="3"> <text>Planning and training functions performed by the State or local instrumentalities as may be required by the federal Act including:</text> <level label="i"> <text>Conducting:</text> <level label="1"> <text>Incident response activities;</text> </level> <level label="2"> <text>Shelter in place and evacuation planning;</text> </level> <level label="3"> <text>Railroad, maritime, and transportation exercises; and</text> </level> <level label="4"> <text>Emergency response activities;</text> </level> </level> <level label="ii"> <text>The collection of hazardous material commodity flow information;</text> </level> <level label="iii"> <text>The acquisition and maintenance of chemical reference materials;</text> </level> <level label="iv"> <text>Public outreach activities including case studies, school safety, and emergency planning for citizens; and</text> </level> <level label="v"> <text>Participation by emergency response personnel in related training conferences on local, State, and federal regulatory and compliance updates, incident command, and crisis control; and</text> </level> </level> <level label="4"> <text>Emergency response activities of the Department.</text> </level> </level> <level label="c"> <text>The Department shall:</text> <level label="1"> <text>Establish an annual fee for facilities required to report to the State or its instrumentalities under the federal Act; and</text> </level> <level label="2"> <text>Base the annual fee on the cost to the Department for processing the information submitted to the Department under § 7-602(b) of this subtitle.</text> </level> </level> <level label="d"> <text>Except as provided in subsection (f) of this section, beginning March 1, 2003 and each year thereafter:</text> <level label="1"> <text>The annual fee shall be paid to the Department no later than June 1 of each year for reports required under § 312 of the federal Act; and</text> </level> <level label="2"> <text>The annual fee shall be paid to the Department no later than October 1 of each year for reports required under § 313 of the federal Act.</text> </level> </level> <level label="e"> <text>Subject to subsection (b) of this section, the annual fee assessed by the Department under this section may not exceed $1,000 in any calendar year for a responsible person who owns or operates one or more facilities in Maryland.</text> </level> <level label="f"> <level label="1"> <text>The following persons and entities are exempt from paying any fees under this section:</text> <level label="i"> <text>Governmental agencies;</text> </level> <level label="ii"> <text>Farmers whose principal residence is located on their farm;</text> </level> <level label="iii"> <text>Charitable organizations as defined under § 6-101(d) of the Business Regulation Article;</text> </level> <level label="iv"> <text>Petroleum retail facilities with less than 75,000 gallons of gasoline and less than 100,000 gallons of diesel or similar fuel; and</text> </level> <level label="v"> <text>Entities that are exempt from reporting under the federal Act.</text> </level> </level> <level label="2"> <text>The Secretary may adopt regulations that exempt additional entities from the requirement to pay the fees to the Department required by this section.</text> </level> </level> <level label="g"> <text>Any fee or penalty collected or imposed under this subtitle shall be paid by the Department to the Fund.</text> </level> <level label="h"> <text>The Department may use 50% of the moneys in the Fund to provide grants to local emergency planning committees.</text> </level> <level label="i"> <level label="1"> <text>A local emergency planning committee that receives moneys under subsection (h) of this section shall provide an annual report to the Department documenting the manner in which the moneys were expended by the local emergency planning committee.</text> </level> <level label="2"> <text>A local emergency planning committee shall spend the moneys provided under subsection (h) of this section for activities identified under subsection (b) of this section or for any other activity which the Department determines is consistent with the purposes of this subtitle.</text> </level> </level> <level label="j"> <text>Moneys allocated to a local emergency planning committee under subsection (h) of this section that are not utilized by the local emergency planning committee within 1 year after receipt of the allocation shall be remitted to the Department and may be reallocated by the Department.</text> </level> <level label="k"> <level label="1"> <text>After providing reasonable notice, the Secretary may require a local emergency planning committee to provide the Department with information or documentation relating to the utilization of moneys allocated under subsection (h) of this section.</text> </level> <level label="2"> <text>The Secretary may require an independent audit of any local emergency planning committee not found to be in compliance with paragraph (1) of this subsection.</text> </level> </level> <level label="l"> <level label="1"> <text>The Secretary may recover any inappropriate expenditure made by a local emergency planning committee from the Fund.</text> </level> <level label="2"> <text>Any expenditure made by a local emergency planning committee that is inconsistent with subsection (i) of this section or the purpose of this subtitle shall be:</text> <level label="i"> <text>Reimbursed by the local emergency planning committee to the Department; and</text> </level> <level label="ii"> <text>Remitted to the Fund within 90 days after receipt by the local emergency planning committee of a notice from the Department indicating that the expenditure is inappropriate.</text> </level> </level> </level> </section> <section article="gen" article_name="Environment" number="7-605" title_number="7" title_name="Hazardous Materials and Hazardous Substances" subtitle_number="6" subtitle_name="Community Right-to-Know Fund"> <level label="a"> <text>Except as otherwise provided, the provisions and procedures of §§ 7–266(a) and 7–268 of this title shall be used and applied to enforce violations of:</text> <level label="1"> <text>This subtitle;</text> </level> <level label="2"> <text>Any regulations adopted under this subtitle; and</text> </level> <level label="3"> <text>Any condition of accreditation issued under this subtitle.</text> </level> </level> <level label="b"> <text>A penalty imposed under this section is payable to the Community Right–to–Know Fund and collectible in any manner provided by law for the collection of debts.</text> </level> </section>