reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  7-407 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-407 - Application of Other Requirements

    Regardless of whether a site and facility are approved by a subdivision or are certified under this subtitle:         (1)    All other requirements for permits by State health or any other State regulatory agency remain applicable; and        (2)    All other State environmental, health, and safety restrictions shall apply, as provided in § 7-405(c) of this subtitle.
MD. Environment Code Ann. §  7-408 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-408 - Failure to Commence Construction or Operation

    (a)    A certificate automatically shall be null and void if:        (1)    Construction or other preparation of the site for its intended use of the facility for which the certificate was issued has not commenced within 2 years following issuance of the certificate; or        (2)    The facility has not commenced operation within 4 years following issuance of the certificate.    (b)    The Board may extend the time limits imposed under subsection (a) of this section if the certificate holder:        (1)    Applies to the Board for an extension; and        (2)    Shows good cause for allowing the extension.
MD. Environment Code Ann. §  7-409 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-409 - Unit of Department of the Environment; Powers of Board; Informational Services

    (a)    The Board shall be a unit of the Department for purposes of executive organization.    (b)    The Board has all powers necessary for carrying out the purposes of this subtitle, including but not limited to the powers set forth in this section, and may:        (1)    Make any contract or agreement the Board determines to be necessary or incidental to the performance of its duties and to the execution of the purpose of and the powers granted by this subtitle;        (2)    Make directly, or through the hiring of staff or consultants, any plans, surveys, investigations, or studies bearing on the characteristics of any site or on the need for and employment of sites and facilities throughout the State; and        (3)    Prepare information to further public understanding of matters that the Board is required to consider, such as site suitability, management alternatives and the treatment and disposal needs of the State, and to disseminate such information to environmental and community organizations, schools, libraries, local, State, and federal government agencies, and other members of the general public.    (c)    The determination by the Board of statewide need and the plans and surveys prepared by the Board as authorized by this subtitle shall be prepared in form and substance suitable for inclusion in any statewide solid waste management plan.    (d)    To assist the Board in carrying out the provisions of this subtitle, the Department shall routinely furnish the Board with copies of relevant information and data filed with the Department under the provisions of this article that are applicable to the generation, transport, and disposal of hazardous waste.    (e)    In the event that the statewide plan is no longer required under the Resource Conservation and Recovery Act, as amended, the Board within 1 year after the Act is not in effect shall prepare a 10-year hazardous waste management plan and shall propose procedures for its adoption.
MD. Environment Code Ann. §  7-410 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-410 - Inventory of Potential Sites; Filings Required by Service

    (a)    (1)    (i)    1.    In consultation with the appropriate agencies of State and local government, the Service shall prepare by June 1, 1981, an initial inventory of potential hazardous waste facility sites and a program for utilizing these sites that appear suitable for and capable of meeting disposal demands.                2.    In consultation with the appropriate agencies of State and local government, and as needed, the Service shall prepare an initial inventory of potential low–level nuclear waste sites and a program for using those sites which appear suitable for and capable of meeting disposal demands.                3.    In consultation with appropriate State and local officials and governing bodies, the Service shall, as needed, update the inventories and programs prepared under subsubparagraphs 1 and 2 of this subparagraph.                4.    The Service shall develop guidelines, consistent with the provisions of this subtitle, for evaluating types of sites for placement on the inventory, and shall apply said guidelines uniformly to all sites of a given type considered for placement on the inventory.            (ii)    In preparing the inventory, the Service shall solicit and consider recommendations from the governing body of each subdivision who shall prepare a list of sites which are believed to meet or exceed the requirement for facilities of the types under consideration by the Board. If the governing body cannot agree upon specific sites within 6 months of the request, the Service may select the sites for inclusion on the inventory.            (iii)    The Service shall consider any recommendation that is submitted under this subsection on or before September 1, 1980, and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.        (2)    (i)    The inventory and program shall be maintained and, as needed, updated in consultation with the appropriate State and local agencies and local governing bodies.            (ii)    In preparing the inventory updates, the Service shall solicit and consider recommendations from the governing body of each subdivision.            (iii)    The Service shall consider any recommendation that is submitted under this subsection and shall advise the governing body of a subdivision in writing of any rejection of a site that it recommended and of the reasons for the rejection.    (b)    The Service shall file a copy of its inventories and all updates with the Board.
MD. Environment Code Ann. §  7-411 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-411 - Duties of Service as to Inventoried Sites

    (a)    The Service may apply to the Board for a certificate for one or more sites.    (b)    The Board may direct the Service to prepare and submit a proposal for acquisition or utilization or both of any inventoried site. The Board may further direct the Service to perform any act authorized by Subtitle 1 of Title 3 of the Natural Resources Article to implement the proposal if a certificate is issued.    (c)    When the Service acts with respect to a site for which a certificate has been issued, §§ 3-102(c) and 3-104(v) of the Natural Resources Article do not apply.    (d)    (1)    If the Service owns a site or property on a site that is not, because of its ownership, subject to ordinary local taxes, and if a certificate has been issued for the site, the Service shall make payments in lieu of taxes to the subdivision in which the site is located.        (2)    The cost of these payments shall be included as a part of project costs in the accounts of the Service and may be recovered by the Service from the users of the facilities on the site.        (3)    Payment shall equal the amount of ordinary local taxes that would be due if the property were subject to taxation.        (4)    Immediately upon acquisition of an interest in any site or property on a site, the Service shall request the State Department of Assessments and Taxation to certify to the local taxing authority the assessment associated with the property.
MD. Environment Code Ann. §  7-412 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-412 - Appeal From Decision of Board

    (a)    Any interested party, including a prospective user of a hazardous or low-level nuclear waste facility site who generates hazardous or low-level nuclear waste in this State, may appeal a decision of the Board directly to the circuit court of the jurisdiction of the proposed site. The decision of the circuit court may be appealed to the Court of Special Appeals of Maryland.    (b)    Any issue in an appeal from a decision of the Board has preference over other civil actions and proceedings in both trial and appellate courts.    (c)    In any appeal, the decision of the Board is prima facie correct and shall be affirmed unless clearly shown to be:        (1)    In violation of constitutional provisions;        (2)    Made on unlawful procedure;        (3)    Arbitrary and capricious; or        (4)    Affected by other error of law.
MD. Environment Code Ann. §  7-413 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 4 - Hazardous Waste Facility Siting Program|Section 7-413 - Liability of Subdivision for Damages

    (a)    Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle.    (b)    The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision:        (1)    For any damage if the subdivision, itself, operated the facility; or        (2)    For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.
MD. Environment Code Ann. §  7-502 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-502 - Authority of Department

    (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 this subtitle, the Department shall develop and use standardized applications, certificates of completion, and other forms.
MD. Environment Code Ann. §  7-503 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-503 - Voluntary Cleanup Program

    (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 finality to the cleanup of eligible properties.
MD. Environment Code Ann. §  7-504 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-504 - Voluntary Cleanup Fund

    (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 from applicants in the Program shall be paid to the Voluntary Cleanup Fund.    (c)    Moneys appropriated, granted, loaned, or otherwise provided to the Department for the support of the Program shall be paid to the Voluntary Cleanup Fund.    (d)    The Department may use:        (1)    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        (2)    Any moneys, other than application fees, in the Voluntary Cleanup Fund for any activities relating to the Voluntary Cleanup Program.
MD. Environment Code Ann. §  7-505 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|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 an inculpable person within 5 business days of receiving:            (i)    A written request from the person for an expedited determination of the person’s status as an inculpable person; and            (ii)    A fee of $2,000.        (3)    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.    (b)    Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property.    (c)    An inculpable person shall be liable for:        (1)    New contamination that the person causes or contributes to at the eligible property; and        (2)    Exacerbation of existing contamination at the eligible property.
MD. Environment Code Ann. §  7-506.1 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|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 pay to the Department a fee of $2,000.    (c)    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.
MD. Environment Code Ann. §  7-507 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-507 - Request for Determination of Brownfields Revitalization Incentive Eligibility

    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.
MD. Environment Code Ann. §  7-509 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-509 - Public Participation

    (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 response action plan;            (ii)    The name and address of the participant and eligible property;            (iii)    The name, address, and telephone number of the office within the Department from which information about the proposed response action plan may be obtained;            (iv)    An address to which persons may submit written comments about the proposed response action plan;            (v)    A deadline for the close of the public comment period by which written comments must be received by the Department; and            (vi)    The date and location of the public informational meeting; and        (2)    Shall post at the eligible property a notice of intent to conduct a response action plan at that property.    (b)    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.    (c)    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.
MD. Environment Code Ann. §  7-510 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-510 - Standards for Approval of Response Action Plan

    (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 whether the eligible property is:        (1)    Located in an industrial area and used for industrial purposes;        (2)    Located in a residential area and used for industrial purposes; or        (3)    Located in a residential area and used for residential purposes or other purposes that require unlimited public access.    (c)    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.
MD. Environment Code Ann. §  7-511 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-511 - Decision on Response Action Plan and Response Action Plan Letter

    (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 modifications in the response action plan that are necessary to receive the Department’s approval.    (b)    (1)    (i)    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.            (ii)    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.        (2)    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.    (c)    The response action plan approval letter shall state that, subject to the requirements of § 7-514 of this subtitle:        (1)    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        (2)    The participant will receive a certificate of completion subject to the conditions and requirements of § 7-514(b) of this subtitle if:            (i)    The approved response action plan is implemented to the satisfaction of the Department; and            (ii)    The response action plan has achieved the cleanup criteria.    (d)    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.
MD. Environment Code Ann. §  7-513 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|Section 7-513 - Issuance of Certificate of Completion

    (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 at the eligible property; and            (ii)    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.    (b)    The certificate of completion shall state that, subject to the requirements of § 7–514(b) of this subtitle:        (1)    The requirements of the response action plan have been completed;        (2)    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;        (3)    The Department may not bring an enforcement action against the participant at the eligible property; and        (4)    The participant:            (i)    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            (ii)    May not be subject to a contribution action instituted by a responsible person.    (c)    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.    (d)    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.
MD. Environment Code Ann. §  7-515 (2021)
2021 Maryland Statutes|Environment|Title 7 - Hazardous Materials and Hazardous Substances|Subtitle 5 - Voluntary Cleanup Program|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 enforcement order, decree, judgment, permit, or other document that addresses environmental contamination at the site; or        (2)    Relieve any person who is the subject of an active enforcement action from liability for penalties under the enforcement action.