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Home » US Law » 2022 Maryland Statutes » Courts and Judicial Proceedings » Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action » Subtitle 12 - Reimbursement for Costs of Emergency Response, Containment, Cleanup, and Abatement -- Paid Fire Companies and Rescue Squads

Section 3-1201 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    (1)    “Expense of an emergency response, containment, cleanup, and abatement” means the reasonable costs associated with the repair or replacement of personal protective equipment:             (i)    Owned by:                 1.    A paid fire department; or                 2.    An authorized individual, whether paid or volunteer, who participates in an emergency response, containment, cleanup, […]

Section 3-1202 – Responsibility of Motor Carrier

    A motor carrier is responsible for the expense of an emergency response, containment, cleanup, and abatement by a paid fire department if the motor carrier:         (1)    Transports a hazardous material in commerce on a highway in the State; and         (2)    Is at fault and causes a traffic accident in the State that results in:             (i)    A spill or […]

Section 3-1202.1 – Responsibility of Person at Fault

    A person in control who is at fault is responsible for the expense of an emergency response, containment, cleanup, and abatement of a release or threatened release of hazardous materials at a fixed facility by a paid fire department.

Section 3-1203 – Negotiations and Actions for Reimbursement

    (a)    (1)    A motor carrier that is at fault and causes a traffic accident that results in a spill or discharge of hazardous materials shall negotiate in good faith to reimburse a paid fire department for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident.         (2)    A person in […]

Section 3-1205 – Farm Vehicles

    (a)    In this section, “farm vehicle” has the meaning stated in § 13-911 of the Transportation Article.     (b)    This subtitle does not apply to a release of hazardous materials from a farm vehicle that is involved in a traffic accident.     (c)    This section does not abrogate any statutory or common law right or cause of action of a […]

Section 3-1206 – Scope of Subtitle

    This subtitle does not abrogate any statutory or common law right or cause of action of a person against:         (1)    A motor carrier that has been involved in a traffic accident involving a release of hazardous materials; or         (2)    A person in control of a fixed facility involved in a release or threatened release of hazardous materials.

Section 3-1207 – Paid Fire Company

    (a)    If a paid fire company attempts but is not able to provide for the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident, the incident commander at the scene of the traffic accident may request assistance from any other person, partnership, firm, association, corporation, or other entity that […]