Title 7. Hazardous Materials and Hazardous Substances — Subtitle 2. Controlled Hazardous Substances

A low–level nuclear waste facility; and

An operating landfill that, under § 7–232(b) of this subtitle, has a permit equivalent to a facility permit.

Is the owner or operator of a vehicle or a site containing a hazardous substance;

At the time of disposal of any hazardous substance, was the owner or operator of any site at which the hazardous substance was disposed;

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

Accepts or accepted any hazardous substance for transport to a disposal or treatment facility or any sites selected by the person.

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;

A person who acquired a property containing a hazardous substance by inheritance or bequest at the death of the transferor;

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;

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;

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:

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:

Except in the case of gross negligence or willful misconduct, an owner or operator who is:

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;

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:

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:

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.

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.

Notwithstanding paragraph (2)(i) of this subsection, a person shall be treated as a responsible person if the person:

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.

Knew or had reason to know of the release or threatened release of a hazardous substance at the site; and

Transferred ownership of the property after June 30, 1991 without disclosing this knowledge to the transferee.

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.

“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.

The person does not own the contiguous or otherwise similarly situated real property;

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

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.

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;

Material or substance which is recycled or accumulated, stored, or treated before recycling; or

Material or substance which is considered inherently waste–like.

Domestic sewage that passes through a sewer system to a publicly owned treatment work for treatment;

Industrial wastewater discharges that are point source discharges permitted under §§ 9–324 through 9–332 of this article;

Irrigation return flows;

Materials subjected to in–situ mining techniques which are not removed from the ground as part of the extraction process; or

Material that is excluded by any rule or regulation adopted under this subtitle.

Pollutant, solid waste, and hazardous substance sources; and

Geographical areas; or

Geology;

Seismology;

Hydrology;

Demography; and

Climatology; and

The identity of the controlled hazardous substance;

The location of generation; and

The method of treatment and disposal of controlled hazardous substances.

A manifest document number;

The generator’s name, mailing address, telephone number, and EPA identification number;

The name and EPA identification number of each transporter;

The name, address, and EPA identification number of the facility designated to receive the waste;

The United States Department of Transportation description of the waste, as required by 49 C.F.R. 172.201, 172.202 and 172.203;

The quantity of waste being transported;

The number and type of containers; and

Any other information considered necessary by the Department.

1 shall be the pesticides coordinator or the pesticides coordinator’s designee for the Cooperative Extension Service of the University of Maryland;

1 shall be from the State Department of Agriculture;

1 shall be from the Maryland Department of Labor, Division of Labor and Industry;

1 shall be from the Department of Natural Resources;

1 shall be the State Fire Marshal or the State Fire Marshal’s designee;

1 shall be from an industry that generates hazardous substances;

1 shall be from the hazardous substance disposal and management industry;

1 shall be from an industry that generates low–level nuclear waste;

1 shall be from the low–level nuclear waste management industry; and

1 shall be an individual who is engaged in the business of resource recovery.

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.

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.

Reimbursement in any other case shall not be apportioned.

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;

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

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.

The quantity of a hazardous substance;

The associated risk factors of a hazardous substance; and

Any other factor determined necessary by the Department.

A general description of the site, including its geographical location;

The basis for its listing, including the identity and quantity of controlled hazardous substances thought to be present, if known; and

The status or findings of the preliminary site assessment.

Potential hazards to public health and the environment;

The risk of fire or explosion;

Toxic hazards; and

The criteria established under § 105(8) of the federal act.

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;

An assessment by the Department of any threat to public health or natural resources posed by the site;

The status of any removal, restoration, or other remedial actions in progress or recommended by the Department;

An assessment of the relative priority of the need for removal, restoration, or other remedial action at each site; and

A proposed time frame for site investigation and any necessary remedial action.

Name of the hazardous substance.

Volume.

Quantity.

Level and kind of radioactivity.

Half-life.

Manner of management.

Manner of disposal.

The full recovery of any expenditures from the State Hazardous Substance Control Fund;

To the extent practicable, the sale of the interest in land shall be at the fair market value;

The effect of the sale on surrounding land values or uses; and

The potential for public use of the interest in land by another public agency.

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

The low-level nuclear waste can be disposed of in the same manner as other hazardous substances or handled as conventional waste.

Using teleconference or Internet–based conferencing technology; or

In person in the county where the proposed facility is to be located.

Adamsite (Phenarsazine chloride);

GA (Ethyl–N, N–dimethyl phosphoramidocyanidate);

GB (Isopropyl methyl phosphonofluoridate);

GD (Pinacolyl methylphosphonofluoridate);

H, HD (Bis(2–chloroethyl) sulfide);

HT (60 percent HD and 40 percent T (Bis[2(2–chloroethyl– thio)ethyl]ester));

L (Dichloro(2–chlorovinyl)arsine);

T (2–2’ Di (3–chloroethylthio)–diethyl ether); or

VX (O–ethyl–S–(2–diisopropylaminoethyl) methyl phosphonothiolate).

The permit applicant demonstrates to the satisfaction of the Department prior to issuance of a controlled hazardous substance facility permit:

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

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.

The permit applicant demonstrates to the satisfaction of the Department prior to the issuance of the permit that:

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.

Monitoring;

Operation;

Financial responsibility;

Closure and remedial action; and

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.

At least once every year, report to the Department on operations under the permit, including:

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.

Shall review all reports and assessments submitted under this subsection; and

May, on the basis of a report or assessment submitted under this subsection, modify or revoke a permit issued under this section.

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

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.

Guaranteeing fulfillment of all requirements related to the facility permit;

Monitoring, maintaining, or closing the controlled hazardous substance facility; and

Assuring the security of the controlled hazardous substance facility after closing;

The time and source of the complaint;

The name of the Department official who was notified before the inspection;

The time and place of the inspection;

A summary and findings of the inspection; and

Enforcement and other recommendations.

The provisions of the vehicle certificate; or

Any federal or state law;

The source of the controlled hazardous substance;

The nature of the controlled hazardous substance; and

The disposal destination.

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

After making a reasonable effort, has been unable to locate any of these individuals;

That a reasonable administrative inspection program exists regarding controlled hazardous substances; and

That the proposed inspection comes within that program.

To appear at a hearing before the Department at a time and place the Department sets to answer the allegations of the complaint; or

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.

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.

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.

Subpoena any person or evidence; and

Order a witness to give evidence.

Compel obedience to the order or subpoena; or

Compel testimony or the production of evidence.

The time set for the hearing, if any; and

The time set for filing of the report, if any.

Up to $25,000 for each violation, but not exceeding $100,000 total; and

Assessed with consideration given to:

A lien in favor of this State on any property, real or personal, of the person; and

Recorded in the office of the clerk of court for the county in which the property is located.

For a first offense, a fine not exceeding $25,000 or imprisonment not exceeding 1 year or both; or

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.