In this subtitle the following words have the meanings indicated. “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. For purposes of paragraph (1) of this subsection, “other enforcement action” does not include a site complaint. “Applicant” means a person who applies to participate in the Voluntary Cleanup Program. “Background level” means the level of a substance occurring naturally at the site prior to any manmade spill or release. “Contamination” means a release, discharge, or threatened release of: A controlled hazardous substance, as defined in § 7–201 of this title; or Oil, as defined in § 4–401 of this article. “Eligible applicant” means: A responsible person who has not knowingly or willfully violated any law or regulation concerning controlled hazardous substances; or An inculpable person. “Eligible property” means property that is contaminated or perceived to be contaminated. “Eligible property” does not include property that is: On the national priorities list under § 105 of the federal act; Except as provided in paragraph (3)(i) of this subsection, under active enforcement; or Subject to a controlled hazardous substances permit issued in accordance with this title. “Eligible property” includes a site under active enforcement if: All applications filed in connection with the property are filed by inculpable persons; and 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. “Eligible property” includes sites listed on the Superfund Enterprise Management System or the Comprehensive Environmental Response, Compensation, and Liability Information System. “Federal act” has the meaning stated in § 7–201(j) of this title. “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. “Inculpable person” means a person who: Has no prior or current ownership interest in an eligible property at the time of application to participate in the Voluntary Cleanup Program; and Has not caused or contributed to contamination at the eligible property at the time of application to participate in the Voluntary Cleanup Program. “Inculpable person” includes: 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 Notwithstanding paragraph (1)(i) of this subsection, a person who is not considered a responsible person under § 7–201(t)(2) of this title. “Participant” means an applicant accepted into the Voluntary Cleanup Program. “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. “Program” means the Voluntary Cleanup Program established under this subtitle. “Responsible person” has the meaning stated in § 7–201(t) of this title.

In addition to the powers set forth elsewhere in this article, the Department may: 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 Adopt regulations to implement the provisions of this subtitle. To implement the requirements of this subtitle, the Department shall develop and use standardized applications, certificates of completion, and other forms.

There is a Voluntary Cleanup Program in the Department. The purpose of the Voluntary Cleanup Program is to: Encourage the investigation of eligible properties with known or perceived contamination; Protect public health and the environment where cleanup projects are being performed or need to be performed; Accelerate cleanup of eligible properties; and Provide predictability and finality to the cleanup of eligible properties.

There is a Voluntary Cleanup Fund established as a nonlapsing, revolving special fund. Moneys credited and any interest accrued to the Fund: Shall remain available until expended; and May not be reverted to the General Fund under any other provision of law. 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. Moneys appropriated, granted, loaned, or otherwise provided to the Department for the support of the Program shall be paid to the Voluntary Cleanup Fund. The Department may use: 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 Any moneys, other than application fees, in the Voluntary Cleanup Fund for any activities relating to the Voluntary Cleanup Program.

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. 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: A written request from the person for an expedited determination of the person’s status as an inculpable person; and A fee of $2,000. 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. Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property. An inculpable person shall be liable for: New contamination that the person causes or contributes to at the eligible property; and Exacerbation of existing contamination at the eligible property.

To participate in the Program, an applicant shall: Submit an application, on a form provided by the Department, that includes: 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; Information demonstrating the person’s status as a responsible person or an inculpable person; Information demonstrating that the property is an eligible property as defined in § 7–501 of this subtitle; 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; An environmental site assessment that includes: 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 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 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 Subject to paragraph (2) of this subsection, pay to the Department: 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; An application fee of $2,000 for each application submitted subsequent to the initial application for the same property; 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 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. 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. The Department shall adopt regulations to establish criteria for determining whether an applicant has: Demonstrated financial hardship; or Certified that the applicant intends to use the eligible property to generate clean or renewable energy. The applicant may delay submitting the Phase II site assessment until after the application and applicable fees are submitted. 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. 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. The notices required under paragraph (1) of this subsection shall include: The name and address of the applicant and the property; The name, address, and telephone number of the office within the Department from which information about the application may be obtained; and The time period during which the Department will receive and consider written comments from the public. The Department shall notify the applicant in writing, within 60 days after receipt of the application, whether: The application, including the applicant’s status as a responsible person or an inculpable person, is approved; The application is denied or incomplete; or 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. 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. 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. The Department shall approve or deny a resubmitted or revised application within 30 days after receipt. 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: 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; Remain in effect if the notice of no further requirements is obtained through fraud or a material misrepresentation; 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 Affect the authority of the Department to require additional cleanup for future activities at the site that result in contamination by hazardous substances. The no further requirements notice shall provide the same liability protections as provided in § 7–513(b)(3) and (4) of this subtitle. 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. The Department shall deny an application if: The applicant is not an eligible applicant; The property is not an eligible property; or The property was initially contaminated by a release of hazardous substances after October 1, 1997 unless: The property is acquired by an inculpable person; or The contamination was caused by an act of God. 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. 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. 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. 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. 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. 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. 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. 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. 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: Is responsible for the cost of cleaning up the property to the appropriate standard; and 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.

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. 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. 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.

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.

After the Department approves an application in accordance with § 7–506 of this subtitle, the participant shall develop a response action plan that includes: A plan for all work necessary to perform the proposed response action plan, including long–term monitoring and maintenance of the site, if necessary; A demonstration to the satisfaction of the Department that the proposed response action plan: Will achieve the appropriate criteria under subsection (b) of this section; and Will protect public health and the environment; A certified written statement that the property meets all applicable county and municipal zoning requirements; and 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. 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: Uniform numeric risk–based standards; Measurable standards based on site–specific risk assessments; Background levels; Federal or State soil standards or water quality standards; Standards based on federal or State maximum contaminant levels (MCLs); or Any other federal or State standards. The response action plan shall: Enumerate the responsibilities and duties of the Department and the participant; Include a schedule for the implementation and completion of the response action plan; 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 Include a proposal for the filing of a performance bond or other security in accordance with the requirements of subsection (d) of this section. 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. 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. The market value of other security deposited under this section may not be less than the amount specified in subparagraph (i) of this paragraph. 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. 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. The Department may adopt uniform numeric risk–based standards by regulation based on residential and industrial uses under subsection (b) of this section. The Department shall review uniform numeric risk–based standards every 4 years and may revise the standards. 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.

Upon submission of a proposed response action plan, the participant: 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: A summary of the proposed response action plan; The name and address of the participant and eligible property; The name, address, and telephone number of the office within the Department from which information about the proposed response action plan may be obtained; An address to which persons may submit written comments about the proposed response action plan; A deadline for the close of the public comment period by which written comments must be received by the Department; and The date and location of the public informational meeting; and Shall post at the eligible property a notice of intent to conduct a response action plan at that property. 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. 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.

The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment. 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: Located in an industrial area and used for industrial purposes; Located in a residential area and used for industrial purposes; or Located in a residential area and used for residential purposes or other purposes that require unlimited public access. 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.

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: The response action plan has been approved; or 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. 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. 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. 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. The response action plan approval letter shall state that, subject to the requirements of § 7-514 of this subtitle: 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 The participant will receive a certificate of completion subject to the conditions and requirements of § 7-514(b) of this subtitle if: The approved response action plan is implemented to the satisfaction of the Department; and The response action plan has achieved the cleanup criteria. 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.

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: Provides 10 days’ written notice of the anticipated withdrawal to the Department; Stabilizes and secures the eligible property to the satisfaction of the Department to ensure protection of the public health and the environment; and Forfeits any application fees. 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. 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. If a responsible person withdraws from the Program, the Department may take any applicable enforcement action authorized under this title. 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: Reach an agreement with the participant to revise the schedule of completion in the response action plan; or If an agreement cannot be reached under paragraph (1) of this subsection, withdraw approval of the response action plan. 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. If the Department withdraws approval of an inculpable person’s response action plan under subsection (d)(2) of this section, the inculpable person: Shall stabilize and secure the eligible property to ensure protection of the public health and the environment; and Shall be liable for new contamination or the exacerbation of existing contamination at the eligible property as provided in § 7–505 of this subtitle. If the Department withdraws approval of a responsible person’s response action plan: The responsible person shall stabilize and secure the eligible property to ensure protection of the public health and the environment; and The Department may take any applicable enforcement action authorized under this title. If an application, a response action plan, or a certificate of completion is withdrawn under this section: Any letter or certificate of completion issued to an applicant or a participant under this subtitle shall be void; and 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.

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. Within 60 days after receipt of the notice of completion under paragraph (1) of this subsection: The Department shall review the implementation and completion of the response action plan at the eligible property; and 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. The certificate of completion shall state that, subject to the requirements of § 7–514(b) of this subtitle: The requirements of the response action plan have been completed; 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; The Department may not bring an enforcement action against the participant at the eligible property; and The participant: 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 May not be subject to a contribution action instituted by a responsible person. 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. 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.

A response action plan approval letter does not: 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; Remain in effect if the response action plan approval letter is obtained through fraud or a material misrepresentation; 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; 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; 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 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. A certificate of completion does not: 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; Remain in effect if the certificate of completion is obtained through fraud or a material misrepresentation; 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; 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; 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; 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 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. 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. 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. 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. 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. 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. 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. 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.

The provisions of §§ 7-256 through 7-268 of this title shall be used and shall apply to enforce violations of: This subtitle; or Any regulation adopted under this subtitle. Any action taken by the Department under this subtitle at a site under active enforcement may not: 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 Relieve any person who is the subject of an active enforcement action from liability for penalties under the enforcement action.

This subtitle does not affect, and may not be construed as affecting, the planning or zoning authority of a county or municipal corporation. This subtitle does not affect, and may not be construed as affecting, any tort action against any participant.