US Lawyer Database

Section 7-515 – Enforcement Provisions

    (a)    The provisions of §§ 7-256 through 7-268 of this title shall be used and shall apply to enforce violations of:         (1)    This subtitle; or         (2)    Any regulation adopted under this subtitle.     (b)    Any action taken by the Department under this subtitle at a site under active enforcement may not:         (1)    Negate the terms and conditions of any outstanding active […]

Section 7-516 – Application of Subtitle

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

Section 7-601 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Extremely hazardous substance” means a substance that is defined as an extremely hazardous substance under § 329(3) of the federal Act.     (c)    “Facility” means a facility that is subject to the federal Act.     (d)    “Federal Act” means the federal Emergency Planning and Community Right–to–Know Act of 1986. […]

Section 7-602 – Department as Information Repository; Regulations

    (a)    The Department shall serve as the information repository for the State Emergency Response Commission.     (b)    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 […]

Section 7-401 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Board” means the Hazardous Waste Facilities Siting Board.     (c)    “Certificate” means a certificate of public necessity issued by the Board.     (d)    “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 […]

Section 7-505 – Liability of Inculpable Person

    (a)    (1)    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.         (2)    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 […]

Section 7-402 – Purpose of Subtitle; Location of Facilities Subject to Certain Considerations

    (a)    (1)    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 […]

Section 7-506 – Application Requirements

    (a)    (1)    To participate in the Program, an applicant shall:             (i)    Submit an application, on a form provided by the Department, that includes:                 1.    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;                 2.    Information demonstrating the person’s status as […]

Section 7-403 – Hazardous Waste Facilities Siting Board

    (a)    There is a Hazardous Waste Facilities Siting Board.     (b)    (1)    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.         (2)    Of the 8 members:             (i)    Two shall be […]