(a) In addition to the powers set forth elsewhere in this article, the Department may: (1) 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 (2) Adopt regulations to implement the provisions of this subtitle. (b) To implement the requirements of […]
(a) There is a Voluntary Cleanup Program in the Department. (b) The purpose of the Voluntary Cleanup Program is to: (1) Encourage the investigation of eligible properties with known or perceived contamination; (2) Protect public health and the environment where cleanup projects are being performed or need to be performed; (3) Accelerate cleanup of eligible properties; and (4) Provide predictability and […]
(a) (1) There is a Voluntary Cleanup Fund established as a nonlapsing, revolving special fund. (2) Moneys credited and any interest accrued to the Fund: (i) Shall remain available until expended; and (ii) May not be reverted to the General Fund under any other provision of law. (b) All application fees and other moneys collected by the Department under this subtitle […]
(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 […]
(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 […]
(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 […]
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.
(a) After the Department approves an application in accordance with § 7–506 of this subtitle, the participant shall develop a response action plan that includes: (1) A plan for all work necessary to perform the proposed response action plan, including long–term monitoring and maintenance of the site, if necessary; (2) A demonstration to the satisfaction of the Department […]
(a) Upon submission of a proposed response action plan, the participant: (1) 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: (i) A summary of the proposed […]
(a) The Department shall approve a response action plan if the Department determines that the response action plan protects public health and the environment. (b) 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 […]
(a) 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: (1) The response action plan has been approved; or (2) The response action plan has been rejected and shall state the […]
(a) 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: (1) Provides 10 […]
(a) (1) 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. (2) Within 30 days after receipt of the notice of completion under paragraph (1) of this subsection: (i) The Department shall review the implementation and completion of the response action plan […]
(a) A response action plan approval letter does not: (1) 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; (2) Remain in effect if the response action plan […]
(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 […]
(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.
