reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-907 - Public Education, Outreach and Assistance Program

(a)    The Department shall implement a public education, outreach, and assistance program relating to:
(1)    The hazards of mercury;
(2)    The requirements of this subtitle; and
(3)    Voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment.
(b)    The Department shall cooperate with neighboring states and regional organizations in the mid-Atlantic and northeastern United States on developing outreach, assistance, and education programs, where appropriate.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 10 - Accreditation of Lead Paint Abatement Services › Section 6-1001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Abatement” means a set of measures that eliminate or reduce lead–based paint hazards in residential, public, or commercial buildings, bridges, or other structures or superstructures in accordance with standards established by the Department which may include:
(1)    The removal of lead–based paint and lead–contaminated dust, the containment or encapsulation of lead–based paint, the replacement or demolition of lead–painted surfaces or fixtures, and the removal or covering of lead–contaminated soil;
(2)    All preparation, cleanup, disposal, and postabatement clearance testing activities associated with these measures; and
(3)    The renovation, repair, and painting of a lead–containing substance in a residential, public, or commercial building built before 1978.
(c)    “Lead containing substance” means:
(1)    Any paint, plaster, or surface encapsulation material containing more than 0.50 percent lead by weight calculated as lead metal in the dried solid or more than 0.7 milligrams lead per square centimeter as measured by an X-ray fluorescence analyzer; or
(2)    Such other standards consistent with an applicable federal definition as the Department may set by regulation.
(d)    “Person” includes any public or municipal corporation, or any agency, bureau, department, or instrumentality of federal, State, or local government.
(e)    “Provide lead paint abatement services” means to engage in the risk assessment, inspection, or abatement of lead-containing substances.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 10 - Accreditation of Lead Paint Abatement Services › Section 6-1002 - Accreditation Requirement

(a)    Except as provided in subsection (c) of this section, unless the person is accredited by the Department under this subtitle, a person may not:
(1)    Act as a contractor or supervisor for the purpose of providing lead paint abatement services;
(2)    Provide training to others who provide lead paint abatement services; or
(3)    Engage in the inspection of lead-based paint hazards.
(b)    The Department shall, by regulation, create exceptions to the accreditation requirement for instances where the disturbance of lead-containing substance is incidental.
(c)    An individual who acts only as a worker or project designer need not be accredited, but must be trained.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 10 - Accreditation of Lead Paint Abatement Services › Section 6-1003 - Regulations; Fees

(a)    The Department shall adopt regulations to carry out the provisions of this subtitle.
(b)    Regulations adopted under this subtitle may include:
(1)    Initial and continuing standards and procedures for accreditation, including education, training, examination, and job performance standards;
(2)    Standards and procedures for renewal of accreditation;
(3)    Standards and procedures for modification, suspension, or revocation of accreditation;
(4)    Different standards and procedures for different lead paint abatement services;
(5)    Standards and procedures for abatement involving the renovation, repair, and painting of lead–containing substances, including a requirement for lead–dust testing;
(6)    Recognition of accreditation or similar approvals of persons by other governmental entities; and
(7)    Such other provisions as may be necessary to effectuate the purposes of this subtitle.
(c)    The Department shall review and revise its certification and other regulations under this subtitle as necessary to ensure continued eligibility for federal funding of lead–hazard activities in the State.
(d)    The Department shall set reasonable fees for the accreditation of persons who provide lead paint abatement services sufficient to cover the Department’s direct and indirect costs of administering this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 10 - Accreditation of Lead Paint Abatement Services › Section 6-1004 - Lead Accreditation Fund

(a)    There is a Lead Accreditation Fund.
(b)    (1)    All fees collected under § 6-1003(d) and fines and penalties imposed under § 6-1005 of this subtitle shall be deposited in the Lead Accreditation Fund.
(2)    The Department may apply for and accept any funds or grants from any federal, State, local, or private source for credit to the Fund that might assist with development, establishment, administration, and education and enforcement activities of the lead paint abatement services accreditation program under this subtitle.
(c)    The Department shall use the Lead Accreditation Fund for activities by the Department that are related to processing, monitoring and regulating the accreditation of lead paint abatement services, and for program development of these activities.
(d)    (1)    The Lead Accreditation Fund shall be a continuing, nonlapsing special fund, and is not subject to § 7-302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold and the State Comptroller shall account for the Accreditation Fund.
(3)    The Accreditation Fund shall be invested and reinvested. Any investment earnings shall be paid into the Accreditation Fund.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 10 - Accreditation of Lead Paint Abatement Services › Section 6-1005 - Applicability of Provisions of 6-420 Through 6-422 of This Title and 7-266(b) of This Article

Except as otherwise provided, the provisions and procedures of §§ 6–420 through  6–422 of this title and § 7–266(b) of this article shall be used and shall apply to enforce violations of:
(1)    This subtitle;
(2)    Any regulations adopted under this subtitle; and
(3)    Any condition of accreditation issued under this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cell” means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed or sealed container which contains a positive and a negative electrode consisting primarily of cadmium or lead, and which contains a gel or liquid starved electrolyte.
(c)    “Cell manufacturer” means a person who:
(1)    Manufactures cells in the United States; or
(2)    Imports into the United States cells or units for which no unit management program has been put into effect by the actual manufacturer of the cell or unit.
(d)    “Easily removed”, with respect to a rechargeable battery which powers a rechargeable product, means removable by hand or by using common household tools.
(e)    “Institutional user” means a person conducting medical, commercial, industrial, governmental, or similar operations.
(f)    (1)    “Marketer” means a person who manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on a unit or product with an easily removable rechargeable battery.
(2)    Except for a person who affixes a brand name or private label to a unit or to a product with an easily removable rechargeable battery, “marketer” does not include a person engaged in the retail sale of a unit or of a rechargeable product.
(g)    “Nonremovable”, with respect to a rechargeable battery which powers a rechargeable product, means not easily removed.
(h)    (1)    “Rechargeable battery” means any type of enclosed device or sealed container which consists of one or more cells and which weighs 25 pounds or less.
(2)    “Rechargeable battery” does not include a battery used as a power source for starting a motor vehicle.
(i)    “Rechargeable product” means a device for which the primary power source is a nonremovable rechargeable battery.
(j)    “Responsible entity” means a person designated in a unit management program, or in the absence of a unit management program, the marketer whose name appears on a unit.
(k)    “Sell” means to sell, offer for sale, or offer for promotional purposes a unit or a product with an easily removable rechargeable battery.
(l)    “Unit” means a cell, a rechargeable battery, or a rechargeable product.
(m)    “Unit management program” means a program or system for the collection, recycling, or disposal of units put in place by a marketer under § 6-1107 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1103 - Removal; Exemption

(a)    Unless granted an exemption by the Department, rechargeable batteries contained in products designed for use by consumers and manufactured after December 31, 1993 shall be easily removed.
(b)    Upon application, the Department may exempt from the requirements of this section a rechargeable battery contained in a product designed for use by consumers upon a finding that:
(1)    For reasons such as health or safety cannot be redesigned; and
(2)    The product is covered by a unit management program.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1104 - Unit Information

(a)    Each unit manufactured after December 31, 1993 and sold to an end user in this State after December 31, 1994 shall bear the following information on the unit, the package, the product containing the unit, or in associated instructional material:
(1)    A statement that the unit must be disposed of properly;
(2)    The “three chasing arrows” recycling symbol;
(3)    A description of the battery electrode chemistry; and
(4)    Sufficient information to enable the user properly to dispose of spent units.
(b)    A local government or agency of local government in this State may not enact additional labeling requirements for a unit, package, product containing a unit, or associated instructional material.
(c)    Nothing in this section may be interpreted to prohibit the display of any other symbol or information designed to promote recycling.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1105 - Generic Notice Placard

(a)    Marketers shall develop and provide or cause to be provided a generic notice placard to each retailer of a unit or product with an easily removable rechargeable battery.
(b)    The notice placard shall contain substantially the following information:
(1)    After December 31, 1994, disposal of rechargeable batteries or products powered by nonremovable rechargeable batteries may only be in accordance with a State-approved collection system;
(2)    Under State law, marketers of rechargeable batteries and products powered by nonremovable rechargeable batteries shall provide a special collection system for these items by January 1, 1995; and
(3)    Rechargeable batteries and rechargeable products shall contain specific information on proper methods of collection and disposal.
(c)    (1)    After December 31, 1994, a retailer who sells a unit or a product with an easily removable rechargeable battery shall display the generic notice placard provided by a marketer at or near the sales display of the unit or product.
(2)    A single generic notice placard may be utilized to provide notice for more than one marketer of a unit or product with an easily removable rechargeable battery.
(3)    A single generic notice placard may be displayed in one or more areas where units or products with easily removable rechargeable batteries are sold.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1107 - Unit Management Program

(a)    Except as provided in subsection (d) of this section, by January 1, 1995 each unit, and each easily removable rechargeable battery contained in a product, sold in the State shall be covered by a unit management program approved by the Department. A unit management program may be submitted by or on behalf of any person having responsibilities under this subtitle.
(b)    A unit management program shall:
(1)    Provide the name, address and telephone number of each responsible entity;
(2)    Describe the units and products which each responsible entity shall ensure will be collected and transported under the program; and
(3)    Generally describe the unit management program including methods of unit collection, transportation, and recycling or proper disposal.
(c)    A unit management program shall be submitted to the Department prior to the sale of any unit, or of any product with an easily removable rechargeable battery, by a marketer in this State which takes place after December 31, 1994. Any change in a responsible entity, address or telephone number, covered units or products, or disposition of units under a unit management program shall be reported to the Department within 90 days after the change takes place.
(d)    Notwithstanding subsection (a) of this section, nothing in this subtitle may be construed to prohibit the sale to an original equipment manufacturer by a cell manufacturer of a cell not covered under a unit management program.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1108 - Mechanism for Returning Units; Notice of Coverage; Responsibility for Units Sold; Retailer Location

(a)    Each marketer shall ensure that its direct customers have a convenient mechanism for returning units to the marketer or to the responsible entity or to a destination specified in the unit management program covering those units.
(b)    Except for direct sales to private consumers, each marketer shall provide written notice to its direct customers that each unit sold by the marketer is covered by a unit management program.
(c)    Each marketer is responsible for units sold by it.
(d)    The retailer location where units are collected under a unit management program may not constitute a facility as defined in § 7-101 of this article.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1109 - Acceptance by Cell Manufacturer of Cells and Rechargeable Batteries Collected in State

(a)    In addition to any requirement which a cell manufacturer may have as a marketer under this subtitle, each cell manufacturer shall accept cells and rechargeable batteries collected in the State, including cells collected by the State, local governments, and their agencies.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a cell manufacturer shall accept cells and rechargeable batteries returned to it of the same general type which it manufactures, including cells of other brands.
(2)    A cell manufacturer may not be required to accept other brands in more than a reasonable amount as determined by the Department.
(c)    Each cell manufacturer has the sole responsibility for recycling or disposal of cells and rechargeable batteries returned to it.
(d)    A cell manufacturer that does not produce rechargeable products may not be required to accept a rechargeable product.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1110 - Collection and Return of Spent Units by Institutional User

(a)    Each institutional user shall collect and return spent units used in its operations to the appropriate responsible entity in accordance with the unit management program, or, at its discretion, to a facility permitted to store or process hazardous waste.
(b)    A rechargeable product designed for use by an institutional user shall bear a notice that when no longer usable, the product shall be recycled or disposed of properly.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1111 - Duties of Responsible Entities

Each responsible entity shall ensure that its unit management program is carried out and that units collected under the submitted unit management program are returned to the cell manufacturer or, at the discretion of the responsible entity, to proper disposal or recycling facilities. Duties of the responsible entity end with delivery of collected units to the cell manufacturer, or to proper disposal or recycling facilities.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1112 - Contract With Private or Public Entity; Formation of Association; Liability by Responsible Entity

(a)    Any person bearing responsibility under this subtitle may contract with a private or public entity or may form an association for preparation and maintenance of a unit management program or for performance of its responsibilities required under a unit management program, including appointment of an agent, allocation of costs, and indemnification.
(b)    Nothing in this section may be interpreted to relieve or to protect any person bearing responsibility under this subtitle from liability for violation of this subtitle due to nonperformance by a responsible entity or agent.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1113 - Immunization From Liability for Cooperative Activities

Any person cooperating in a unit management program in compliance with this subtitle is immune from liability under State law relating to antitrust and restraint of trade for any cooperative activities arising out of the collection and management of units.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 11 - Rechargeable Batteries › Section 6-1114 - Penalties

(a)    A person who knowingly and willfully violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 for each violation.
(b)    Each day on which a violation occurs is a separate violation of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 12 - Brominated Flame Retardants › Section 6-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “DecaBDE” means decabrominated diphenyl ether.
(c)    “OctaBDE” means octabrominated diphenyl ether.
(d)    “PentaBDE” means pentabrominated diphenyl ether.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 12 - Brominated Flame Retardants › Section 6-1202 - Applicability of Section; Prohibition

(a)    This section does not apply to the processing of recyclables containing pentaBDE or octaBDE that is conducted in compliance with all applicable federal, State, and local laws.
(b)    This section does not apply to original equipment manufacturer replacement service parts or other products manufactured prior to October 1, 2008, if the parts or products were manufactured in compliance with applicable federal, State, and local laws.
(c)    On or after October 1, 2008, a person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE or octaBDE by mass.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 12 - Brominated Flame Retardants › Section 6-1202.1 - Products That Contain Decabde

(a)    (1)    In this section, “transportation equipment”, “military equipment”, and “components of transportation or military equipment” do not include shipping pallets used to transport unpackaged fruits and vegetables.
(2)    This section does not apply to:
(i)    Original equipment manufacturer replacement service parts or other products manufactured before January 1, 2011, if the part or products were manufactured in compliance with applicable federal, State, and local laws; and
(ii)    1.    A vehicle, as defined in § 11–176 of the Transportation Article;
2.    An aircraft, as defined in § 5–101 of the Transportation Article; or
3.    A product, part, or replacement part for use in a vehicle or aircraft.
(b)    (1)    Beginning on December 31, 2010, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any of the following products that contain more than one–tenth of 1% of decaBDE by mass:
(i)    Mattresses;
(ii)    Upholstered furniture designed for residential use; and
(iii)    Electrical or electronic equipment.
(2)    Except as provided in paragraph (3) of this subsection, beginning on December 31, 2012, a person may not manufacture, lease, sell, or distribute for sale or lease in the State any product that contains more than one–tenth of 1% of decaBDE by mass.
(3)    Paragraph (2) of this subsection does not apply to:
(i)    Transportation equipment;
(ii)    Military equipment; or
(iii)    Components of transportation or military equipment.
(c)    On or after December 31, 2013, a person may not manufacture, lease, sell, or distribute for sale or lease in the State the following products that contain more than one–tenth of 1% of decaBDE by mass:
(1)    Transportation equipment;
(2)    Military equipment; or
(3)    Components of transportation or military equipment.
(d)    This section does not prohibit:
(1)    A retailer that is in possession of a product prohibited for manufacture, lease, sale, or distribution for sale or lease under subsections (b) and (c) of this section from selling, recycling, or otherwise disposing of a product that is in the retailer’s or lessor’s inventory on or after the date that the prohibition takes effect;
(2)    A person from recycling a product that contains decaBDE;
(3)    A person from selling, leasing, recycling, or otherwise disposing of a product that contains recycled decaBDE;
(4)    Any activity involving a product that contains decaBDE that occurs subsequent to first sale at retail; or
(5)    A person from transporting or storing a product prohibited under subsections (b) and (c) of this section for later distribution outside the State.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 12 - Brominated Flame Retardants › Section 6-1203 - Enforcement

(a)    To enforce the provisions of this subtitle, the Department may:
(1)    Notify a person that there are grounds for suspecting that the person may be in violation of this subtitle; and
(2)    Request that the person certify that the product or flame-retardant part of the product that the person manufactured, processed, sold, or distributed is in compliance with this subtitle.
(b)    If the person fails to certify that the product or flame-retardant part of the product is in compliance, the Department may seek an injunction under § 6-1204 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 12 - Brominated Flame Retardants › Section 6-1204 - Penalties

(a)    (1)    Any person who violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, shall be liable to the State for a civil penalty of up to $1,000 for each violation, but not exceeding a total of $10,000 for any action.
(2)    Each product or flame-retardant part of a product in violation constitutes a separate violation.
(3)    The State shall recover the civil penalties under this subsection in a civil action in any county.
(b)    Any person who previously has been assessed a civil penalty under this section and who willfully violates any provision of this subtitle or any regulation adopted under this subtitle, including making a false statement in a certificate of compliance, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $20,000.
(c)    The Department may seek an injunction against any person who violates or threatens to violate any provision of this subtitle or any regulation adopted under this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Child” means an individual who is under the age of 13 years.
(c)    (1)    “Children’s product” means a product designed or intended primarily for a child as specified in federal law.
(2)    “Children’s product” does not include:
(i)    Food as defined in § 21–101 of the Health – General Article; or
(ii)    Any component part of a children’s product that is not accessible to a child through normal and reasonably foreseeable use and abuse of the product as specified in federal law.
(d)    “Federal law” means the Consumer Product Safety Act of 2008 and regulations adopted under the Act.
(e)    “Lead–containing product” means a product in which any part, component, or coating of the product contains lead or lead compounds greater than the lesser of:
(1)    0.06% by weight of the total weight of the part, component, or coating; or
(2)    The standard established under federal law regarding the permissible level of lead in children’s products.
(f)    “Manufacturer” means a person that is the brand owner of a product.
(g)    “Product” includes:
(1)    Accessories and jewelry;
(2)    Clothing;
(3)    Decorative objects;
(4)    Furniture;
(5)    Lunch boxes and eating utensils;
(6)    Toys; and
(7)    Any other item specified by the Department in regulation.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1302 - Scope of Subtitle

This subtitle does not apply to:
(1)    An electronic device that is in compliance with federal law;
(2)    Any distribution operation or activity performed in a factory, warehouse, or establishment, or, in the course of surface transportation, at a port facility as defined in § 6–101 of the Transportation Article;
(3)    A vehicle as defined in § 11–176 of the Transportation Article, a product or part for use in a vehicle, or transportation equipment; and
(4)    A product or material excluded by federal law.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1303 - Prohibition

A person may not:
(1)    Manufacture a children’s product that is a lead–containing product; or
(2)    Sell, offer for sale, import, or distribute, by any means, including through a sales outlet, a catalog, or the Internet, a children’s product that is a lead–containing product.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1304 - Duties of Manufacturer or Importer and Retailer

(a)    A United States manufacturer, or if the manufacturer is not a United States manufacturer, the importer of record, of a children’s product for which a children’s product certification is required under federal law shall:
(1)    Test whether the children’s product is a lead–containing product by using a testing entity qualified or certified under federal law; and
(2)    If the children’s product tested under item (1) of this subsection is not a lead–containing product, issue a certificate that certifies that the children’s product is not a lead–containing product.
(b)    A person shall ensure that the certificate issued in accordance with subsection (a) of this section is transmitted with the children’s product to any distributor or retailer who receives the children’s product.
(c)    A manufacturer shall:
(1)    Maintain a copy of any documents related to lead testing and any certificate issued in accordance with subsection (a) of this section; and
(2)    Provide a copy to the Department or any person on request.
(d)    A retailer shall:
(1)    Maintain a copy of any certificate issued in accordance with subsection (a) of this section; and
(2)    Provide a copy to the Department or any person on request.
(e)    (1)    Except as provided in paragraph (2) of this subsection, a person may not sell or offer for sale in the State, by any means, including transactions conducted through a sales outlet, a catalog, or the Internet, a children’s product for which there is no certificate issued in accordance with subsection (a) of this section.
(2)    Notwithstanding any other provision of this subtitle, a certificate is not required for the sale of a used children’s product at a thrift store, consignment store, yard sale, or any other secondhand point of sale.
(f)    A certificate issued in accordance with subsection (a) of this section shall be:
(1)    Based on a test of each children’s product or on a testing protocol that is established or recognized by the Department; and
(2)    On a form created or approved by the Department.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1305 - Violations of Subtitle

(a)    If the Department determines that a person has violated § 6–1303 of this subtitle, the Department shall give written notice to the person determined to have violated § 6–1303 of this subtitle that identifies the children’s product that is a lead–containing product.
(b)    Within 15 days after receiving the written notice required under subsection (a) of this section, the person shall send to the Department the following information:
(1)    A list of all children’s products of the same style produced by the same manufacturer;
(2)    The name of the manufacturer or seller from whom the person obtained the children’s product that is a lead–containing product; and
(3)    The name of each distributor or retailer to whom the person transferred the children’s product that is a lead–containing product of the same style produced by the same manufacturer.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1306 - Report

Within 24 hours after a person determines that the person has manufactured, sold, offered for sale, imported, or distributed a children’s product in violation of § 6–1303 of this subtitle, the person shall submit a report to the Department in a form required by the Department.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1307 - Penalties

(a)    (1)    A person who violates this subtitle is subject to a civil penalty not exceeding $1,000 per day for each violation.
(2)    The civil penalty under paragraph (1) of this subsection may be assessed and recovered in any court of competent jurisdiction.
(b)    A person who willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1308 - Other Penalties

(a)    In addition to any other penalty provided by law, the Comptroller may assess against a person who violates § 6–1304(e) of this subtitle a fine not exceeding $1,000 for each violation, up to a maximum of $50,000.
(b)    A fine assessed under subsection (a) of this section may not be assessed until the person who committed the violation has been issued three warnings regarding the violation.
(c)    Each day on which a violation occurs or continues is a separate violation under this section.
(d)    At the end of each quarter, the Comptroller shall distribute all fines assessed under this section to the Lead Poisoning Prevention Fund in a manner determined by the Department and the Comptroller.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1309 - Unfair or Deceptive Trade Practice

In addition to any other penalty provided by law, a violation of this subtitle is:
(1)    An unfair or deceptive trade practice within the meaning of Title 13 of the Commercial Law Article; and
(2)    Subject to the enforcement and penalty provisions contained in Title 13 of the Commercial Law Article.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 13 - Lead-Containing Children's Products › Section 6-1311 - Authority of Local Agency

The provisions of this subtitle do not affect the authority of a local agency to enforce a local law governing the amount of lead contained in a product if the local law is at least as restrictive as the provisions of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 14 - Cadmium in Children's Jewelry › Section 6-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cadmium” means elemental cadmium and any compound or alloy that contains cadmium.
(c)    “Children’s jewelry” means any jewelry, including a charm, bracelet, pendant, necklace, earring, or ring, and any component of jewelry, designed or intended to be worn or used by a child under the age of 13 years.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 14 - Cadmium in Children's Jewelry › Section 6-1402 - Prohibition

On or after July 1, 2012, a person may not manufacture, sell, offer for sale, or distribute in the State any children’s jewelry that contains cadmium at more than 0.0075% by weight.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 15 - Lead in Drinking Water › Section 6-1501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Drinking water outlet” means a potable water fixture that is used for drinking or food preparation.
(2)    “Drinking water outlet” includes:
(i)    A water fountain, faucet, or tap that is used or potentially used for drinking or food preparation; and
(ii)    Ice–making and hot drink machines.
(c)    “Elevated level of lead” means a lead concentration in drinking water that exceeds 5 parts per billion.
(d)    “Public water system” has the meaning stated in § 9–401 of this article.
(e)    (1)    “Technical guidance” means the most recent technical guidance issued by the U.S. Environmental Protection Agency for reducing lead in drinking water in schools.
(2)    “Technical guidance” includes:
(i)    3Ts for Reducing Lead in Drinking Water in Schools (2006); and
(ii)    Any subsequent technical guidance issued by the U.S. Environmental Protection Agency for reducing lead in drinking water in schools.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 15 - Lead in Drinking Water › Section 6-1501.1 - Legislative Findings and Intent

(a)    The General Assembly finds that any exposure to lead in drinking water is dangerous to the health and development of children.
(b)    It is the intent of the General Assembly that schools work proactively to reduce the concentration of lead in drinking water outlets to a level below 5 parts per billion and that State and federal funds be made available to schools for that purpose.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 15 - Lead in Drinking Water › Section 6-1503 - Grant Program for Local School Systems to Assist With Implementation of Remedial Measures for Drinking Water Outlets

(a)    The Department, in consultation with the State Department of Education, shall establish and administer a grant program to provide grants to local school systems to assist with the costs associated with implementing remedial measures to:
(1)    Address any findings of elevated levels of lead in drinking water outlets in school buildings;
(2)    Install drinking water outlets in school buildings that do not have functioning drinking water outlets due to the presence of lead; or
(3)    Repair, reconfigure, or replace the outlet plumbing or premises plumbing contributing to the presence of lead in drinking water.
(b)    The Department, in consultation with the State Department of Education, shall:
(1)    Establish application procedures for the grant program;
(2)    Require each application to include a plan for implementing remedial measures, including:
(i)    Whether the location of the lead affecting the drinking water outlet is in the service line, premises plumbing, outlet plumbing, or outlet; and
(ii)    Costs associated with the plan;
(3)    Award grants on a competitive basis and based on the availability of funding to each local school system that:
(i)    Applies for a grant in accordance with this section; and
(ii)    Demonstrates that the local school system has completed comprehensive testing for the presence of lead in drinking water outlets in school buildings in accordance with § 6–1502 of this subtitle; and
(4)    Consistent with any applicable federal law or requirement, prioritize applications based on factors determined by the Department, including:
(i)    The applicant’s level of financial need;
(ii)    The percentage of drinking water outlets that require remediation; and
(iii)    The cost–effectiveness of the proposed remedial measures, with preference given to proposals for remedial measures that require minimal upkeep, including the installation of water filling stations.
(c)    (1)    If the Department or the State Department of Education receives any federal funding for addressing the presence of lead in drinking water outlets in school buildings, the funding shall be made available to award grants in accordance with this section.
(2)    In addition to any funding provided under paragraph (1) of this subsection, funding for the grant program consists of:
(i)    Money appropriated in the State budget for the grant program; and
(ii)    Any additional money made available to the grant program from any public or private source.
(d)    The Department, in consultation with the State Department of Education, may adopt regulations to implement the requirements of this section.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 16 - Pfas Chemicals › Section 6-1601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Class B fire–fighting foam” or “foam” means a foam designed for flammable liquid fire.
(c)    “Intentionally added” means the act of deliberately using a chemical in the formation of a product where the chemical’s continued presence is desired in the product to provide a specific characteristic.
(d)    “Personal protective equipment” means items designed, intended, or marketed to be worn by fire–fighting personnel in the performance of their fire and rescue activities, including jackets, pants, shoes, gloves, helmets, and respiratory equipment.
(e)    “PFAS chemicals” means, when used in fire–fighting agents, fire–fighting equipment, food packaging, and rugs and carpets, a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom, including perfluoroalkyl and polyfluoroalkyl substances.
(f)    “Rug or carpet” means a thick fabric used to cover a floor, including:
(1)    Commercial or residential broadloom carpet; and
(2)    A pad or an underlayment used in conjunction with a carpet.
(g)    “Terminal” means:
(1)    A bulk liquid storage facility exclusively engaged in the merchant wholesale distribution of petroleum products, including liquefied petroleum gas, that contains at least one storage tank containing petroleum products with a surface area of 120 square meters or greater; or
(2)    A facility engaged in the distribution of crude petroleum from extraction or processing facilities that includes at least one storage tank containing crude petroleum with a surface area of 120 square meters or greater.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 16 - Pfas Chemicals › Section 6-1604 - Restrictions on Disposal of Class B Fire-Fighting Foam

A person may not dispose of a Class B fire–fighting foam that contains intentionally added PFAS chemicals:
(1)    Using incineration, including by burning, combustion, pyrolysis, gasification, thermal oxidation, acid recovery furnace or oxidizer, ore roaster, cement kiln, lightweight aggregate kiln, industrial furnace boiler, and process heater; or
(2)    In a landfill.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 16 - Pfas Chemicals › Section 6-1604.1 - Restrictions on Sale or Resale of Rug or Carpet With Intentionally Added Pfas Chemicals -- Certificate of Compliance

(a)    This section does not apply to the sale or resale of a used rug or carpet.
(b)    On or after January 1, 2024, a person may not manufacture or knowingly sell, offer for sale, or distribute for sale or use in the State a rug or carpet to which PFAS chemicals have been intentionally added.
(c)    (1)    A person that manufactures a rug or carpet for sale or use in the State shall establish a certificate of compliance to attest that the rug or carpet is in compliance with the requirements of this section.
(2)    Within 30 days after a request by the Department, a person shall provide the certificate of compliance established under paragraph (1) of this subsection to the Department.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 16 - Pfas Chemicals › Section 6-1605 - Penalties for Violations of Subtitle

A person who violates this subtitle is subject to:
(1)    For a first violation, a civil penalty not exceeding $500; and
(2)    For a second or subsequent violation, a civil penalty not exceeding $1,000.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-101 - Definitions

(a)    In this subtitle the following terms have the meanings indicated.
(b)    “Facility” means a location for use in connection with the transfer of a hazardous material beyond the threshold specified in § 7-103 of this subtitle from one mode of transportation to another.
(c)    “Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.
(d)    “Transfer” means the loading or unloading of a product or substance between one mode of transportation and another.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-103 - Permit

(a)    A person shall hold a facility permit before the person may own, establish, operate, or maintain a facility in the State that transfers quantities of a single hazardous material that meets or exceeds 100,000 pounds in weight at any time during a calendar year.
(b)    Any hazardous material or storage tank regulated under Title 4 of this article is exempt from the requirements of this subtitle.
(c)    A separate facility permit is required for each facility that a person owns, establishes, maintains, or operates.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-105 - Permit -- Application

To apply for a facility permit, an applicant shall:
(1)    Submit an application to the Department on the form that the Department requires; and
(2)    Pay to the Department an application fee set by the Department in an amount designed to cover the cost of the permit procedure.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-106 - Permit -- Prerequisites for Issuance

As a prerequisite to the issuance of a facility permit, the Department shall require an applicant:
(1)    To provide evidence of financial ability to properly establish, operate, and maintain a facility;
(2)    To file with the Department acceptable evidence of a bond or other security that the Department requires under § 7-111 of this subtitle;
(3)    To agree to permit access to the facility for the purposes of any inspection permitted or required under this subtitle; and
(4)    To pay the permit fee assessed under § 7-107 of this subtitle.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-107 - Permit -- Fees

The Department shall set each facility permit fee on the basis of:
(1)    The potential threat to the environment posed by the particular materials to be transferred at the facility;
(2)    The anticipated cost of monitoring and regulating the facility;
(3)    The anticipated cost of removing and properly disposing of any hazardous material that may escape from the facility; and
(4)    The anticipated needs for program development activities that relate to management of hazardous materials.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-108 - Permit -- Term

(a)    Unless it is renewed for another term, a facility permit expires on the expiration date the Department specifies at the time of issuance or renewal.
(b)    Subject to § 7-110 of this subtitle, the Department may deny renewal of a facility permit if the permit holder:
(1)    Has violated any appropriate law, regulation, order, or permit condition;
(2)    Has failed to pay to the Department the renewal fee set by the Department; or
(3)    Has failed to submit to the Department a renewal application on the form the Department requires.
2023 Maryland Statutes › Environment › Title 7 - Hazardous Materials and Hazardous Substances › Subtitle 1 - Hazardous Materials › Section 7-110 - Permit -- Denial of Application or Renewal

The Department may deny an application for a facility permit or for a renewal of a facility permit if the Department finds that:
(1)    The facility cannot handle or transfer a particular hazardous material without posing an undue risk to the environment; or
(2)    The owner of the land or of the facility, or any person making application, has violated:
(i)    Any law of the federal government, of this or any other state, or of a local jurisdiction, concerning any hazardous material; or
(ii)    Any regulation, order, or permit condition of the federal government, of this or any other state, or of any local jurisdiction, concerning any hazardous material.