Title 7. Hazardous Materials and Hazardous Substances — Subtitle 1. Hazardous Materials

In this subtitle the following terms have the meanings indicated.

“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.

“Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.

“Transfer” means the loading or unloading of a product or substance between one mode of transportation and another.

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.

Any hazardous material or storage tank regulated under Title 4 of this article is exempt from the requirements of this subtitle.

A separate facility permit is required for each facility that a person owns, establishes, maintains, or operates.

Submit an application to the Department on the form that the Department requires; and

Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.

To provide evidence of financial ability to properly establish, operate, and maintain a facility;

To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7-111 of this subtitle;

To agree to permit access to the facility for the purposes of any inspection permitted or required under this subtitle; and

To pay the permit fee assessed under § 7-107 of this subtitle.

The potential threat to the environment posed by the particular materials to be transferred at the facility;

The anticipated cost of monitoring and regulating the facility;

The anticipated cost of removing and properly disposing of any hazardous material that may escape from the facility; and

The anticipated needs for program development activities that relate to management of hazardous materials.

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.

Subject to § 7-110 of this subtitle, the Department may deny renewal of a facility permit if the permit holder:

The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or

The owner of the land or of the facility, or any person making application, has violated:

Maintain a bond or other security that the Department considers sufficient to cover any cost for:

Design, construct, and operate the facility in the manner approved by the Department;

Establish emergency procedures and safeguards to prevent accidents and reasonably foreseeable harm to human beings or the environment;

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

To the extent reasonably practicable, restore the facility site to its original condition if use as a facility is terminated.

The Secretary may enforce the provisions of this subtitle in the same manner as the provisions of Subtitle 2 of this title.

For a violation of this subtitle a person shall be subject to the penalties listed in Subtitle 2 of this title.