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 […]
Section 7-506.1 – Fees
(a) 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. (b) If a certificate of completion is conditioned on the permissible use of the property, the participant shall […]
Section 7-404 – Rules and Regulations
In addition to the powers set forth elsewhere in this subtitle, the Board may adopt rules and regulations to carry out the provisions of this subtitle.
Section 7-264 – Judicial Review
(a) Any person aggrieved by a final decision of the Department in connection with an order, hauler certificate, vehicle certificate, or facility permit issued under this subtitle may take a direct judicial appeal. (b) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. However, an order of the […]
Section 7-265 – Specific Offenses and Penalties
(a) A person who commits any of the following offenses is guilty of a felony and on conviction is subject to a fine not exceeding $100,000 or imprisonment not exceeding 5 years, or both: (1) Storing, treating, dumping, discharging, abandoning, or otherwise disposing of a controlled hazardous substance in any place other than a controlled hazardous substance […]
Section 7-266 – Civil Penalties
(a) In addition to being subject to an injunctive action under this subtitle, a person who violates any provision of this subtitle or of any rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under this subtitle is liable to a civil penalty not exceeding $25,000, to be collected in a civil […]
Section 7-266.1 – Civil Penalties — Punitive Damages
(a) In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any […]
Section 7-267 – Criminal Penalties
(a) (1) Except as provided in § 7-265 of this subtitle, a person who violates any provision of or fails to perform any duty imposed by this subtitle, or who violates any provision of or fails to perform any duty imposed by a rule, regulation, order, hauler certificate, vehicle certificate, or facility permit adopted or issued under […]
Section 7-268 – Attorney General Responsible for Cases
The Attorney General shall take charge of, prosecute, and defend on behalf of this State every case arising under the provisions of this subtitle, including the recovery of penalties.