reglab/housing_qa huggingface dataset:
MD. Environment Code Ann. §  4-602 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund|Section 4-602 - Underground Storage Tank Fee

    (a)    On or before September 1, 1991 and until July 1, 1996, a fee shall be paid annually to the Department for each underground storage tank in the State unless the tank is used exclusively for the production, distribution, or sale of petroleum by the owner of the tank.    (b)    The tank fee imposed under this section may not exceed:        (1)    $100 for each tank having a maximum capacity of under 1,100 gallons; and        (2)    $200 for each tank having a maximum capacity of 1,100 gallons or more.    (c)    The tank fee imposed under this section may be waived or reduced provided that:        (1)    The owner of the tank has not been billed for the fee for 2 consecutive years; and        (2)    By October 1, 1996, the owner of the tank upgrades, replaces, or removes the tank to meet the technical requirements of the underground storage tank regulation adopted under Subtitle 4 of this title.
MD. Environment Code Ann. §  4-603 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund|Section 4-603 - Loans for Certain Costs

    The Board of Public Works, upon the recommendation of the Secretary, may award a loan to an owner of an underground storage tank to cover the following costs:         (1)    Tank upgrade or replacement costs necessary to meet the technical requirements of regulations adopted by the Environmental Protection Agency for underground storage tanks;        (2)    Costs of site assessment after the upgrade or replacement is completed to determine eligibility for insurance, not to exceed $3,000; and        (3)    Costs of any additional apparatus necessary to bring the underground storage tank system into compliance with other State and federal requirements.
MD. Environment Code Ann. §  4-604 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund|Section 4-604 - Application Procedures and Criteria

    (a)    The Department shall adopt regulations to carry out the provisions of this subtitle.    (b)    (1)    The regulations adopted under this subtitle shall establish application procedures and criteria for the award of a loan under this subtitle.        (2)    The criteria shall provide a basis for the priority ranking of projects, and shall include:            (i)    The financial capacity and fiscal accountability of the applicant;            (ii)    The location of the underground storage tank and the degree to which removal of the tank would impose a geographical hardship on the surrounding community or industries dependent on availability of the petroleum;            (iii)    The extent to which the existence of the tank is required for an essential public service;            (iv)    Previous efforts expended to correct any existing environmental problem and to maintain compliance with State and federal regulations;            (v)    Measures to assure accountability for all funds awarded under this subtitle; and            (vi)    Any other criteria that the Secretary considers appropriate.    (c)    The regulations adopted under this subtitle shall require the recipient of a loan under this subtitle to provide the Department with documentation that the proceeds of the loan were applied in accordance with § 4-603 of this subtitle and the loan agreement.
MD. Environment Code Ann. §  4-605 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund|Section 4-605 - Conditions of Loan

    (a)    (1)    A loan agreement under this subtitle shall contain those conditions that the Secretary requires by regulation to achieve the purposes of this subtitle and to protect the interests of the State.        (2)    A loan agreement under this subtitle shall contain provisions that authorize the Secretary to recall the loan and require that any amount of financial assistance provided under this subtitle be returned to the State under terms established by the Secretary, if the Secretary determines that:            (i)    The recipient of a loan under this subtitle fails to remain in compliance with any law or regulation governing the installation, operation, or use of underground storage tanks; or            (ii)    The proceeds of a loan provided under this subtitle have been used for a purpose other than one authorized under this subtitle.        (3)    Any funds returned to the State under this subsection shall be credited to the Underground Storage Tank Upgrade and Replacement Fund.    (b)    A loan extended under this subtitle:        (1)    May not exceed $50,000 for any one upgrade;        (2)    Shall bear at least the same rate of interest as the most recent State general obligation bond sale preceding the date of approval by the Board of Public Works; and        (3)    Shall be repaid in full in a term not to exceed 15 years in accordance with the provisions of the loan agreement.    (c)    The aggregate amount of all loans awarded under this subtitle to a single applicant in any calendar year may not exceed $150,000, unless the Secretary determines that extraordinary circumstances exist.    (d)    The proceeds of a loan awarded under this subtitle may be applied to the costs of developing plans and specifications, equipment, construction, and site assessment related to the upgrade and replacement of underground storage tanks.
MD. Environment Code Ann. §  4-606 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 6 - Underground Storage Tank Upgrade and Replacement Fund|Section 4-606 - Loan Eligibility

    (a)    To be eligible for a loan under this subtitle, an applicant shall:        (1)    Be in substantial compliance with all State and federal laws and regulations governing the installation, operation, and use of underground storage tanks; and        (2)    Submit a completed loan processing form to the Department on or before June 30, 1998.    (b)    A loan under this subtitle may not be provided to upgrade or replace any underground storage tank that was not registered with the Department as provided in § 4-411.1 of this title on or before July 1, 1991, unless the Secretary determines that special circumstances exist.
MD. Environment Code Ann. §  4-701 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-701 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment.    (c)    “Fund” means the Oil Contaminated Site Environmental Cleanup Fund.    (d)    “Oil” has the meaning provided in § 4–401(h) of this title.    (e)    (1)    “Site rehabilitation” means cleanup actions taken in response to a release from an underground oil storage tank.        (2)    “Site rehabilitation” includes investigation, evaluation, planning, design, engineering, construction, or other services undertaken and expenses incurred to investigate or clean up affected soils, groundwater, or surface water.    (f)    “Third party claim” means any civil action brought or asserted by any person against any owner or operator of any underground oil storage tank for damages to person or property which damages are the direct result of oil released from tanks covered under this subtitle.    (g)    “Underground oil storage tank” has the meaning provided in § 4–401(l) of this title.
MD. Environment Code Ann. §  4-702 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-702 - Legislative Findings; Intent

    (a)    The General Assembly finds and declares that:        (1)    The storage of oil in underground oil storage tanks is a major cause of groundwater contamination in this State;        (2)    Groundwater resources are vital to the population and economy of this State; and        (3)    The preservation of the State’s groundwater resources is in the public interest.    (b)    The General Assembly further finds that where contamination of groundwater has occurred due to leaking underground oil storage tanks, remedial measures have often been delayed for long periods due to high costs of such remedial measures. These delays result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to clean up the contamination and rehabilitate the site.    (c)    The General Assembly intends this subtitle to provide adequate financial resources and incentives for the expeditious cleanup and rehabilitation of contaminated sites without delay.
MD. Environment Code Ann. §  4-703 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-703 - Construction of Subtitle

    (a)    This subtitle may not be construed as altering the rights, responsibilities, or liabilities of a party responsible for the discharge of oil.    (b)    This subtitle is not intended to provide evidence of financial responsibility for owners and operators of underground oil storage tanks under Subtitle I of the Resource Conservation and Recovery Act, the Superfund Amendments and Reauthorization Act of 1986, or any other federal law.
MD. Environment Code Ann. §  4-704 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-704 - Oil Contaminated Site Environmental Cleanup Fund; Exemptions From Subtitle

    (a)    There is an Oil Contaminated Site Environmental Cleanup Fund.    (b)    Subject to subsection (c) of this section, the Fund shall be used to:        (1)    Reimburse an owner or operator of:            (i)    An underground oil storage tank subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 1993 resulting from contamination caused by releases from an underground oil storage tank;            (ii)    An underground oil storage tank not subject to the requirements of § 4–409(b)(3) of this title for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from an underground oil storage tank; or            (iii)    A heating oil tank for site rehabilitation costs incurred on or after October 1, 2000 resulting from contamination caused by releases from a heating oil tank including piping connected to the tank;        (2)    Provide funds for site rehabilitation activities carried out by the Department or under the Department’s direction and control; and        (3)    To the extent provided in the State budget and in an amount not to exceed 8% of the revenues in the Fund during the fiscal year, provide funds for the Department’s administration of this subtitle.    (c)    Twenty–five percent of the revenues credited to the Fund shall be used for reimbursement of heating oil tank site rehabilitation costs as provided in this subtitle.    (d)    The provisions of this subtitle do not apply to:        (1)    An underground storage tank that is:            (i)    Owned by a State, county, or municipal corporation; or            (ii)    Owned by a local education agency.        (2)    An underground storage tank installed pursuant to Subtitle I of the federal Resource Conservation and Recovery Act; or        (3)    Owners or operators of underground storage tanks that were not in compliance with the requirements of Subtitle I of the federal Resource Conservation and Recovery Act on December 22, 1998.    (e)    (1)    Money in the Fund not required to meet the Department’s obligations in the exercise of the Department’s responsibility under this section:            (i)    Shall be deposited with the State Treasurer to the credit of the Fund; and            (ii)    May be invested as provided by law.        (2)    Interest received on the investment of the excess funds shall be credited to the Fund for use for the purposes described in this subtitle.
MD. Environment Code Ann. §  4-705 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-705 - Reimbursement From Fund

    (a)    The owner or operator of an underground oil storage tank eligible under § 4–704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until December 31, 2007, for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.    (b)    Until June 30, 2021, the owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.    (c)    (1)    Any reimbursement from the Fund for applications approved on or after July 1, 1996 is subject to:            (i)    For owners or operators of six tanks or fewer, a deductible of $7,500;            (ii)    For owners or operators of more than 6 but not more than 15 tanks, a deductible of $10,000;            (iii)    For owners or operators of more than 15 but not more than 30 tanks, a deductible of $15,000;            (iv)    For owners or operators of more than 30 tanks, a deductible of $20,000; and            (v)    For residential owners of heating oil tanks, a deductible of $500; and        (2)    The maximum amount to be reimbursed from the Fund shall be:            (i)    $125,000 for underground oil storage tanks per occurrence; and            (ii)    $20,000 for heating oil tanks per occurrence.    (d)    To be eligible for reimbursement from the Fund, an owner or operator shall:        (1)    Certify that the discharge is not the result of a willful or deliberate act;        (2)    Submit a corrective action plan, schedule, and cost estimate to the Department that shall include provisions for the environmentally sound treatment or disposal of contaminated soils that meet all federal and State requirements and standards; and        (3)    Except for heating oil tanks, certify that the discharge is from a tank registered under § 4–411.1 of this title.    (e)    If the owner or operator knowingly submits a false certification under subsection (d) of this section, that owner or operator is not eligible for reimbursement under this subtitle.    (f)    Only expenses that are cost–effective, reasonable, and consistent with a corrective action plan approved by the Department may be eligible for reimbursement from the Fund.    (g)    The cost for replacement or retrofitting of underground oil storage tanks or heating oil tanks and associated piping is not eligible for reimbursement, and the Department may not incur these costs or expend moneys from the Fund for these purposes.
MD. Environment Code Ann. §  4-706 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-706 - Reimbursement for Department

    (a)    If the Department has assumed control of an oil spill situation involving an underground oil storage tank or heating oil tank under this title, the Department may obtain from the Fund, for site rehabilitations that meet the same cleanup priority as those site rehabilitations reimbursed under § 4-705 of this subtitle:        (1)    Reimbursement for usual, customary, and reasonable costs incurred in performing site rehabilitation;        (2)    A guarantee of payment to a qualified contractor for the usual, customary, and reasonable costs of performing site rehabilitation; or        (3)    Matching funds required under § 9003(h) of the Federal Solid Waste Disposal Act for the Federal Leaking Underground Storage Tank Program.    (b)    The per occurrence deductible or limitation provided under § 4-705(c) of this subtitle does not apply to the reimbursement or guarantee to a contractor under this section.    (c)    In order to encourage that site rehabilitation activities be undertaken by an owner, operator, or other person responsible for a discharge from an underground oil storage tank or heating oil tank, any site rehabilitation costs including attorney’s fees and litigation costs incurred by the Department or the Fund under this section shall be recoverable from the responsible party to the Fund.    (d)    Recoveries collected under subsection (c) of this section shall be paid into the Fund.
MD. Environment Code Ann. §  4-707 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-707 - Limitations on Reimbursement

    (a)    A payment may not be made from the Fund for a third party claim.    (b)    A payment may not be made as reimbursement for costs incurred or under a guarantee to a contractor unless the balance in the Fund is sufficient to cover the payment requested and any other imminent obligations or expenses of the Fund.    (c)    Requests for payment from the Fund that are denied under subsection (b) of this section shall be paid only as additional funds become available and may not be paid from any other fund of the State.
MD. Environment Code Ann. §  4-708 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 7 - Oil Contaminated Site Environmental Cleanup Fund|Section 4-708 - Regulations; Annual Report

    (a)    The Department shall adopt regulations to implement the requirements of this subtitle no later than September 30, 1993 in order to begin making disbursements from the Fund no later than January 1, 1994.    (b)    Beginning January 1, 1995, the Department shall annually report to the General Assembly, subject to § 2-1257 of the State Government Article, on the status of the Fund and on the revenues to and expenditures from the Fund.
MD. Environment Code Ann. §  4-801 (2021)
2021 Maryland Statutes|Environment|Title 4 - Water Management|Subtitle 8 - Report on Environmental Violations|Section 4-801 - Definitions

    (a)    In this subtitle the following words have the meanings indicated.    (b)    “Compliance assistance” means an action taken by a jurisdiction with delegated authority under Subtitle 1 of this title that:        (1)    Corrects a violation before a formal enforcement action is necessary; or        (2)    Was voluntarily taken to prevent future violations.    (c)    “Critical Area” has the meaning stated in § 8–1802 of the Natural Resources Article.    (d)    (1)    “Sensitive area” means an area of critical concern.        (2)    “Sensitive area” includes:            (i)    Buffers, as defined in COMAR 27.01.01.01;            (ii)    Habitat protection areas, as defined in COMAR 27.01.01.01;            (iii)    Modified buffer areas, as defined in COMAR 27.01.01.01;            (iv)    Nontidal wetlands, as defined in COMAR 26.23.01.01;            (v)    Tidal wetlands, as defined in COMAR 26.24.01.02;            (vi)    100–year floodplains, as defined in COMAR 08.19.03.01; and            (vii)    Stream buffers, as defined in COMAR 08.19.03.01.
MD. Environment Code Ann. §  5-101 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 1 - In General|Section 5-101 - Definitions

    (a)    In this title the following words have the meanings indicated.    (b)    “Administration” means the Water Management Administration.    (c)    “Appropriate county governing body” means the county commissioners of any nonchartered county or the county council of any chartered county in which a portion of the watershed is located.    (d)    “County” includes Baltimore City unless otherwise indicated.    (e)    “Department” means the Department of the Environment.    (f)    “Director” means the Director of the Water Management Administration.    (g)    “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.    (h)    (1)    “Pollution” means every contamination or other alteration of the physical, chemical, or biological properties of any waters of the State.        (2)    “Pollution” includes change in temperature, taste, color, turbidity, or odor of the waters of the State or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters of the State as will render the waters of the State harmful, detrimental, or injurious to public health, safety, or welfare, domestic, commercial, industrial, agricultural, recreational, other legitimate beneficial uses, or livestock, wild animals, birds or fish or other aquatic life.    (i)    “Public water system” has the meaning stated in § 9–401 of this article.    (j)    “Secretary” means the Secretary of the Environment.    (k)    “Water management strategy area” means an area designated by the Department in which a specific water resource problem has been identified and for which the Department has adopted specific water use restrictions or criteria for permit approval in order to protect the water resource or existing water users.    (l)    “Waters of the State” includes:        (1)    Both surface and underground waters within the boundaries of the State subject to its jurisdiction;        (2)    That portion of the Atlantic Ocean within the boundaries of the State;        (3)    The Chesapeake Bay and its tributaries;        (4)    All ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and        (5)    The floodplain of free–flowing waters determined by the Department on the basis of the 100–year flood frequency.
MD. Environment Code Ann. §  5-102 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 1 - In General|Section 5-102 - Refusal of Appropriation or Use Permit

    An appropriation or use permit under § 5-502 of this title may not be refused for domestic use of a well on a farm.
MD. Environment Code Ann. §  5-201 (2021)
2021 Maryland Statutes|Environment|Title 5 - Water Resources|Subtitle 2 - Organization and Authority of Unit Pertaining to Water and Water Resources -- in General|Section 5-201 - Water Management Administration

    (a)    There is a Water Management Administration in the Department.    (b)    (1)    The Administration shall be adequately staffed and organized to carry out the provisions of this title and at salaries provided in the State budget.        (2)    Subject to the Secretary’s authority as provided in Title 1 of this article, the Administration’s staff shall be appointed and removed in accordance with the provisions of the State Personnel and Pensions Article.    (c)    The Secretary shall designate the appointing authority for the Administration.