reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-823 - Lead Poisoning Information Packet

(a)    By May 23, 1996, an owner of an affected property shall give to the tenant of each of the owner’s affected properties a lead poisoning information packet prepared or designated by the Department.
(b)    On or after February 24, 1996, upon the execution of a lease or the inception of a tenancy for an affected property, the owner of the affected property shall give to the tenant a lead poisoning information packet prepared or designated by the Department.
(c)    An owner of an affected property shall give to the tenant of the affected property another copy of the lead poisoning information packet prepared or designated by the Department at least every 2 years after last giving the information packet to the tenant.
(d)    A packet given to a tenant under this section shall be sent by:
(1)    Certified mail, return receipt requested; or
(2)    A verifiable method approved by the Department.
(e)    The packet required to be given to a tenant under this section shall be sent to a party or parties identified as the lessee in a written lease in effect for an affected property or, if there is no written lease, the party or parties to whom the property was rented.
(f)    A person who has acquired, or will acquire, an affected property shall give the packet required under this section to the tenant of the affected property:
(1)    Before transfer of legal title; or
(2)    Within 15 days following transfer of legal title.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part IV - Risk Reduction Standard for Affected Property › Section 6-824 - Disclosure to Prospective Purchasers; Transfers

An owner shall disclose an obligation to perform either the modified or full risk reduction treatment to an affected property under this subtitle to any prospective purchaser of an affected property at or prior to the time a contract of sale is executed, if:
(1)    An event has occurred that requires performance of either the modified or full risk reduction treatment to the affected property under this subtitle; and
(2)    The owner will not perform the required treatment prior to the transfer of ownership.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-826 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Action” includes a complaint, counterclaim, cross-claim, or third-party complaint.
(c)    “Co-offer” means a qualified offer which is made by or on behalf of more than one person as provided under this part.
(d)    “Offeror” means a person including an insurer or other agent who makes a qualified offer under this part.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-828 - Failure to Give Notice to Owner in Compliance

(a)    This section applies to an owner of an affected property who has, with respect to the affected property, complied with the applicable requirements of §§ 6–811, 6–812, 6–815, 6–817, and 6–819 of this subtitle, and has sent to the tenant the notices required by §§ 6–820 and 6–823 of this subtitle.
(b)    A person may not bring an action against an owner of an affected property for damages arising from alleged injury or loss to a person at risk caused by the ingestion of lead by a person at risk that is first documented by a test for EBL of 25 �g/dl or more performed between February 24, 1996 and February 23, 2001, inclusive, or 20 �g/dl or more performed between February 24, 2001 and February 23, 2006, inclusive, or 15 �g/dl or more performed on or after February 24, 2006, unless the owner has been given:
(1)    Written notice from any person that the elevated blood level of a person at risk is:
(i)    Greater than or equal to 25 �g/dl as first documented by a test for EBL performed between February 24, 1996 and February 23, 2001, inclusive;
(ii)    Between February 24, 2001 and February 23, 2006, inclusive, an EBL greater than or equal to 20 �g/dl as first documented by a test for EBL performed between February 24, 2001 and February 23, 2006, inclusive; or
(iii)    On or after February 24, 2006, an EBL greater than or equal to 15 �g/dl as first documented by a test for EBL performed on or after February 24, 2006; and
(2)    An opportunity to make a qualified offer under § 6–831 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-829 - Availability of Blood Tests

(a)    A person who receives notice under § 6-828(b)(1) of this subtitle is entitled to the results of any available prior blood lead tests of the person at risk for the purpose of determining whether to make a qualified offer under this subtitle and whether the qualified offer should be designated as a co-offer.
(b)    In the event a local health department notifies an owner of an affected property in accordance with § 6-828(b)(1) of this subtitle, the local health department shall also provide the owner with any blood lead test results and history of residence for the person at risk which the local health department has on record.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-830 - Presumption of Prior Lead Ingestion

(a)    If, between February 24, 1996 and February 23, 2001, inclusive, the concentration of lead in a whole venous blood sample of a person at risk tested within 30 days after the person at risk begins residence or to regularly spend at least 24 hours per week in an affected property that is certified as being in compliance with the provisions of § 6–815 of this subtitle is greater than or equal to 25 �g/dl, or, between February 24, 2001 and February 23, 2006, inclusive, greater than or equal to 20 �g/dl, or, on or after February 24, 2006, greater than or equal to 15 �g/dl, it shall be presumed that the ingestion of lead occurred before a person at risk began residing or regularly spending at least 24 hours per week in the affected property.
(b)    On or after July 1, 2006, the EBL concentration of lead in a blood sample shall be determined in accordance with § 6–801(f) of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-831 - Authorized Offerors; Qualified Offers

(a)    A qualified offer may be made to a person at risk under this part by:
(1)    The owner of the affected property in which the person at risk resides or regularly spends at least 24 hours a week;
(2)    An insurer of the owner; or
(3)    An agent of the owner.
(b)    Upon notice to a third party, an offeror may designate the third party as a co-offeror.
(c)    If a qualified offer is made under subsection (a) of this section, the qualified offer shall:
(1)    Be made within 30 days after the offeror receives notice under § 6-828 of this subtitle;
(2)    Include the provisions specified in § 6-839 of this subtitle; and
(3)    Satisfy the requirements of § 6-832(a) of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-832 - Notice of Qualified Offer

(a)    An offeror under § 6-831 of this subtitle shall send notice of the qualified offer to the person at risk, or in the case of a minor, the parent or legal guardian of the minor in the form and manner specified by the Department.
(b)    (1)    An offeror under § 6-831 of this subtitle shall send a copy of the qualified offer to the local health department in the jurisdiction where the person at risk resides.
(2)    Within 5 business days after receiving the copy of the qualified offer under paragraph (1) of this subsection, the local health department shall personally notify the person at risk, or in the case of a minor, the parent or legal guardian of the minor of State and local resources available for lead poisoning prevention and treatment.
(3)    The local health department shall maintain a copy of the qualified offer in the case management file of the person at risk.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-833 - Qualified Offers Where Parent or Legal Guardian Is Unavailable

(a)    For purposes of this section, a parent or legal guardian of a person at risk who is a minor is unavailable if, following reasonable efforts, the offeror is unable to locate or communicate with the parent or guardian of the minor.
(b)    (1)    If a parent or legal guardian of the minor is unavailable, the offeror may:
(i)    Petition a court in accordance with the provisions of Title 13, Subtitle 7 of the Estates and Trusts Article to appoint a person to respond to the offer on behalf of the minor; and
(ii)    File the qualified offer with the court.
(2)    The court shall appoint a person to act on behalf of the minor within 15 days after the date of filing of the petition.
(3)    A person appointed to act on behalf of the minor shall file a response with the court either rejecting or accepting the qualified offer within 30 days after appointment by the court.
(4)    The response of the person appointed to respond to the offer on behalf of the minor is subject to approval by the court.
(c)    Within 15 days after a response to a qualified offer is filed with a court under subsection (b)(3) of this section, the court:
(1)    May hold a hearing; and
(2)    Shall approve or disapprove the response to the qualified offer.
(d)    If a court disapproves the response to the qualified offer filed by the person acting on behalf of the minor, the court may order:
(1)    That an additional response be filed on behalf of the minor; or
(2)    Any action the court considers necessary and appropriate to protect the interests of the minor.
(e)    If the court approves a response accepting a qualified offer on behalf of the minor, the order of the court shall designate one or more persons who shall be responsible for and authorized to make all decisions on behalf of the minor necessary to implement the qualified offer.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-834 - Acceptance or Rejection of Qualified Offer

(a)    A person at risk, or a parent or legal guardian of a minor who is a person at risk, may accept or reject a qualified offer made under this part as provided in this section.
(b)    Subject to the provisions of § 6-833 of this subtitle, a person at risk, or a parent or legal guardian of a minor who is a person at risk, may accept a qualified offer within 30 days after receipt of the qualified offer unless the parties agree otherwise.
(c)    Subject to the provisions of § 6-833 of this subtitle and unless the parties agree otherwise, an offer which is not accepted within 30 days following receipt shall be deemed to have been rejected.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-835 - Release of Liability on Acceptance

Acceptance of a qualified offer by a person at risk, or by a parent, legal guardian, or other person authorized under § 6-833 of this subtitle to respond on behalf of a person discharges and releases all potential liability of the offeror, the offeror’s insured or principal, and any participating co-offeror to the person at risk and to the parent or legal guardian of the person at risk for alleged injury or loss caused by the ingestion of lead by the person at risk in the affected property.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-836 - Protection From Liability; Regulatory Compliance

An owner of an affected property is not liable, for alleged injury or loss caused by ingestion of lead by a person at risk in the affected property, to a person at risk or a parent, legal guardian, or other person authorized under § 6-833 of this subtitle to respond on behalf of a person at risk who rejects a qualified offer made by the owner or the owner’s insurer or agent if, during the period of the alleged ingestion of lead by the person at risk, and with respect to the affected property in which the exposure allegedly occurred, the owner:
(1)    Has given to the tenant the notices required by §§ 6-820 and 6-823 of this subtitle; and
(2)    Was in compliance with:
(i)    The registration provisions of Part III of this subtitle; and
(ii)    The applicable risk reduction standard and response standard under § 6-815 or § 6-819 of this subtitle, and the risk reduction schedule under § 6-817 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-836.1 - Protection From Liability; Regulatory Compliance -- Discovery and Evidentiary Hearing

In an action in which the owner’s immunity from liability under § 6-835 or § 6-836 of this subtitle is challenged, upon motion by any party and prior to authorizing further proceedings in the action, the court shall:
(1)    Allow discovery limited solely to the issue of the owner’s immunity under § 6-835 or § 6-836 of this subtitle;
(2)    Determine if there are any disputes of material fact as to whether the owner is entitled to immunity under § 6-835 or § 6-836 of this subtitle;
(3)    Hold an evidentiary hearing on issues of material fact as to the immunity, if any, which shall, upon request of any party, be before a jury; and
(4)    Determine as a matter of law whether the owner is entitled to immunity from liability under § 6-835 or § 6-836 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-838 - Evidence of Reasonable Care

(a)    (1)    In an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in an affected property, evidence that the owner of the affected property was in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk is admissible as evidence that the owner exercised reasonable care with respect to lead hazards during that period.
(2)    In an action seeking damages for alleged injury or loss caused by the ingestion of lead by a person at risk in an affected property, evidence that the owner of the affected property was not in compliance with the provisions of Part IV of this subtitle during the period of residency of the person at risk is admissible as evidence that the owner failed to exercise reasonable care with respect to lead hazards during that period.
(b)    If a party to an action for damages arising from ingestion of lead by a person at risk in an affected property alleges or denies the time and place of residence of, or visitation by, the person at risk without a good faith basis for the allegation or denial, the court shall require the offending party, the party’s attorney, or both to pay the reasonable costs, including attorney’s fees, incurred by the adverse party in opposing the allegation or denial.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-839 - Expenses and Costs Included in Qualified Offer; Certification of Compliance; Regulations

(a)    Whenever a qualified offer is made under this part, the qualified offer shall include payment for reasonable expenses and costs up to the amount specified in § 6-840 of this subtitle for:
(1)    The relocation of the household of the person at risk to lead-safe housing of comparable size and quality that may provide:
(i)    The permanent relocation of the household of the affected person at risk to lead-safe housing, including relocation expenses, a rent subsidy, and incidental expenses; or
(ii)    The temporary relocation of the household of the affected person at risk to lead-safe housing while necessary lead hazard reduction treatments are being performed in the affected property to make that affected property lead-safe; and
(2)    Medically necessary treatment for the affected person at risk as determined by the treating physician or other health care provider or case manager of the person at risk that is necessary to mitigate the effects of lead poisoning, as defined by the Department by regulation, and, in the case of a child, until the child reaches the age of 18 years.
(b)    An offeror is required to pay reasonable expenses for the medically necessary treatments under subsection (a)(2) of this section if coverage for these treatments is not otherwise provided by the Maryland Medical Assistance Program under Title 15, Subtitle 1 of the Health - General Article or by a third-party health insurance plan under which the person at risk has coverage or in which the person at risk is enrolled.
(c)    A qualified offer shall include a certification by the owner of the affected property, under the penalties of perjury, that the owner has complied with the applicable provisions of Parts III and IV of this subtitle in a manner that qualifies the owner to make a qualified offer under this part.
(d)    The Department may adopt regulations that are necessary to carry out the provisions of this section.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-840 - Aggregate Maximum Amounts Payable; Payment; Payments Not Income or Asset

(a)    The amounts payable under a qualified offer made under this part are subject to the following aggregate maximum caps:
(1)    $7,500 for all medically necessary treatments as provided and limited in § 6-839(a) and (b) of this subtitle; and
(2)    $9,500 for relocation benefits which shall include:
(i)    Relocation expenses;
(ii)    A rent subsidy, up to 150% of the existing rent each month, for the period until the person at risk reaches the age of 6 years, or in the case of a pregnant woman, until the child born as a result of that pregnancy reaches the age of 6 years; and
(iii)    Incidental expenses which may be incurred by the household, such as transportation and child care expenses.
(b)    All payments under a qualified offer specified in subsection (a) of this section shall be paid to the provider of the service, except that payment of incidental expenses as provided by subsection (a)(2)(iii) of this section may be paid directly to the person at risk, or in the case of a child, to the parent or legal guardian of the person at risk.
(c)    The payments under a qualified offer may not be considered income or an asset of the person at risk, the parent of a person at risk who is a child, the legal guardian, or a person who accepts the offer on behalf of a person at risk who is a child under § 6-833 of this subtitle for the purposes of determining eligibility for any State entitlement program.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-841 - Payments Under Qualified Offer for Temporary Relocation; Reoccupation of Affected Property

(a)    Payments under a qualified offer for temporary relocation shall include:
(1)    Transportation expenses;
(2)    The rent or per diem cost of temporary lead-safe housing;
(3)    Meal expenses, if the temporary lead-safe housing does not contain meal preparation facilities; and
(4)    The cost of moving, hauling, or storing furniture or other personal belongings.
(b)    The household of the person at risk may not reoccupy the affected property until the property has been certified as lead-safe.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part V - Qualified Offer › Section 6-842 - Failure to Comply or Falsification of Compliance With Qualified Offer; Statute of Limitations

(a)    An offeror who fails to comply with the terms of a qualified offer, or who falsely certifies compliance under § 6-839(c) of this subtitle, shall be deemed to be out of compliance with the provisions of Part IV of this subtitle with respect to the person who is the subject of the qualified offer for purposes of § 6-836 of this subtitle.
(b)    The statute of limitations shall be tolled until the failure to comply under subsection (a) of this section is discovered.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VI - Lead Poisoning Prevention Fund › Section 6-843 - Collection and Payment of Annual Fee; Exemptions

(a)    (1)    Except as provided in this subsection and subsection (b) of this section, and in cooperation with the Department of Housing and Community Development, the State Department of Assessments and Taxation, and other appropriate governmental units, the Department shall provide for the collection of an annual fee for every rental dwelling unit in the State.
(2)    The annual fee for an affected property is $30.
(3)    (i)    Subject to the provisions of subparagraphs (ii) and (iii) of this paragraph, on or before December 31, 2000, the annual fee for a rental dwelling unit built after 1949 that is not an affected property is $5. After December 31, 2000, there is no annual fee for a rental dwelling unit built after 1949 that is not an affected property.
(ii)    The owner of a rental dwelling unit built after 1949 that is not an affected property may not be required to pay the fee provided under this paragraph if the owner certifies to the Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle.
(iii)    An owner of a rental dwelling unit who submits a report to the Department that the rental dwelling unit is lead free pursuant to § 6–804 of this subtitle shall include a $10 processing fee with the report.
(b)    The fees imposed under this section do not apply to any rental dwelling unit:
(1)    Built after 1978; or
(2)    Owned and operated by a unit of federal, State, or local government, or any public, quasi–public, or municipal corporation.
(c)    The fee imposed under this section shall be paid on or before December 31, 1995, or the date of registration of the affected property under Part III of this subtitle and on or before December 31 of each year thereafter or according to a schedule established by the Department by regulation.
(d)    An owner who fails to pay the fee imposed under this section is liable for a civil penalty of up to triple the amount of each registration fee unpaid that, together with all costs of collection, including reasonable attorney’s fees, shall be collected in a civil action in any court of competent jurisdiction.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VI - Lead Poisoning Prevention Fund › Section 6-844 - Lead Poisoning Prevention Fund

(a)    There is a Lead Poisoning Prevention Fund in the Department.
(b)    The Fund consists of:
(1)    All fees collected and penalties imposed under this subtitle; and
(2)    Moneys received by grant, donation, appropriation, or from any other source.
(c)    The Department shall use the Fund to cover the costs of fulfilling the duties and responsibilities of the Department and the Commission under this subtitle, and for program development of these activities.
(d)    (1)    The Fund is 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 Fund.
(3)    The Fund shall be invested and reinvested and any investment earnings shall be paid into the Fund.
(e)    For each fiscal year, at least $750,000 of the moneys in the Fund shall be used only for any of the following purposes:
(1)    Community outreach and education programs under § 6-848 of this subtitle; and
(2)    Enforcement efforts under this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VI - Lead Poisoning Prevention Fund › Section 6-845 - Data Base and Information Collection of Affected Property; Data Availability

(a)    The Department shall establish and maintain a statewide data base which tracks the status of affected property.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Department may, by regulation, require owners of affected property to provide information that the Department considers necessary for the data base.
(2)    The Department may not require the owner to provide:
(i)    Information more frequently than annually;
(ii)    The identities of persons or entities having an ownership interest in an owner of an affected property who are not otherwise owners of the affected property; and
(iii)    Any financial information regarding an affected property or the owner of an affected property, other than data on any costs that an owner has incurred with respect to an affected property in order to comply with Part IV of this subtitle.
(c)    The data base shall be used to implement the provisions of this subtitle.
(d)    (1)    An owner who uses a standard lease form may only be required to submit one copy of that form and any alterations to, or variations from, that form.
(2)    The Department may, by regulation, designate or define minor alterations and variations to standard lease forms that do not require separate submittal.
(e)    (1)    Subject to the provisions of paragraph (2) of this subsection, the information provided by the owner under this section shall be open to the public.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, the Department may not disclose:
1.    An inventory or list of properties owned by an owner; or
2.    The costs that an owner has incurred with respect to an affected property in order to comply with Part IV of this subtitle, if the information is identified to:
A.    A specific owner; or
B.    A specific affected property or group of affected properties owned by the same owner.
(ii)    The Department shall, upon request, disclose whether the owner has met the percentage of inventory requirements under § 6-817 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VII - Miscellaneous › Section 6-846 - Notification of High Blood Lead to Person at Risk, Parent and Owner

(a)    This section establishes notification requirements of a person at risk that has an elevated blood lead level greater than or equal to:
(1)    Before February 24, 2006, 15 �g/dl;
(2)    Between February 24, 2006, and September 30, 2019, inclusive, 10 �g/dl;
(3)    Between October 1, 2019, and October 27, 2022, inclusive, 5 �g/dl;
(4)    Between October 28, 2022, and December 31, 2023, inclusive, 3.5 �g/dl; and
(5)    On and after January 1, 2024, the reference level.
(b)    On receiving the results of a blood lead test under § 6–303 of this title indicating that a person at risk has an EBL, the Department or a local health department shall notify:
(1)    The person at risk, or in the case of a minor, the parent or legal guardian of the person at risk, of the results of the test; and
(2)    The owner of the affected property in which the person at risk resides or regularly spends at least 24 hours per week of the results of the test.
(c)    The notices to be provided to the parent or owner under subsection (b) of this section shall be on the forms prepared by the Department, and shall contain any information required by the Department.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VII - Miscellaneous › Section 6-847 - Disclosure of Blood Lead Test Results

(a)    (1)    An owner who receives the blood lead test results of a person at risk under this subtitle may not disclose those results to another person except:
(i)    The insurer of the owner;
(ii)    A medical doctor or other health professional with whom the owner consults; or
(iii)    An attorney of the owner or any person specified in item (i) or (ii) of this paragraph.
(2)    A person who receives blood lead test results from an owner under paragraph (1) of this subsection may not disclose those results to any person not specified in paragraph (1) of this subsection.
(b)    A person who in good faith discloses or does not disclose the results of a blood lead test to an owner under this part is not liable under any cause of action arising from the disclosure or nondisclosure of the test results.
(c)    A person who violates the provisions of this section is subject to the penalties provided in § 4–309 of the Health – General Article.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VII - Miscellaneous › Section 6-848 - Community Outreach Programs; Local Assistance

The Department shall:
(1)    Develop and establish community outreach programs to high lead risk areas, which may be implemented by the Department, local governments, or community groups; and
(2)    Assist local governments to provide case management services if necessary to persons at risk with elevated blood lead.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VII - Miscellaneous › Section 6-848.1 - Paint Retailers to Display Information on Lead Paint Reduction

(a)    In this section, “retailer” means any person who sells paint or paint supplies to a consumer.
(b)    A retailer shall display a poster developed and provided by the Department under subsection (c) of this section:
(1)    Within an area in which paint or paint supplies are sold or displayed; or
(2)    At each register or check-out aisle.
(c)    The Department shall develop and provide a poster to retailers that includes the following information:
(1)    The dangers and hazards of lead poisoning; and
(2)    A phone number that consumers can call for assistance in lead risk reduction and safe renovation practices.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VIII - Enforcement › Section 6-849 - Administrative Penalties; Waiver

(a)    (1)    The Department shall impose an administrative penalty on an owner who fails to register an affected property by December 31, 1995 or within the time period specified in § 6-811(a)(2) or § 6-812(b) of this subtitle or fails to renew or update a registration as provided under § 6-812(a) of this subtitle. The administrative penalty imposed shall be up to $20 per day, calculated from the date compliance is required, for each affected property which is not registered or for which registration is not renewed or updated.
(2)    The Department shall impose an administrative penalty, not to exceed $50,000, on any person who violates § 6-818(a)(1)(ii) or (2) of this subtitle.
(3)    The penalty shall be assessed with consideration given to:
(i)    The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;
(ii)    The extent to which the violation resulted in actual harm to the environment or to human health or safety;
(iii)    The nature and degree of injury to or interference with general welfare, health, and property;
(iv)    The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator; and
(v)    The extent to which the violation creates the potential for harm to the environment or to human health or safety.
(4)    On or before March 31, 2002, the Department may waive an administrative penalty under this subsection upon a showing of hardship or provided that:
(i)    The affected property is registered, the registration is renewed, or the registration is updated;
(ii)    The Department has not initiated an enforcement action for violation of this subtitle before the date upon which the property is registered or the registration is renewed or updated; and
(iii)    All of the owner’s affected properties have been brought into compliance with this subtitle and 65% of the owner’s affected properties have been certified in compliance with the full risk reduction standards in accordance with §§ 6-815 and 6-817(b) of this subtitle.
(b)    An owner who fails to renew or update a registration as required under § 6-812 of this subtitle within 90 days after the date specified shall be deemed to be out of compliance with the provisions of this subtitle, with respect to each affected property to which that renewal or update relates, for purposes of § 6-836 of this subtitle on the 91st day after the date the renewal or update was required.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VIII - Enforcement › Section 6-850 - Limitation of Penalties; Penalty for False Verification

(a)    Except as provided in § 6–849 of this subtitle, in addition to any other remedies provided in this subtitle, the provisions and procedures of §§ 7–256 through 7–264 and 7–266 of this article shall be used and shall apply to enforce violations of this subtitle, provided that the penalty imposed under § 7–266(b)(2)(i) of this article may not exceed $500 per day for any violation of this subtitle.
(b)    If an accredited supervisor falsely verifies that work was performed on an affected property pursuant to § 6–819(g) of this subtitle, the owner of the affected property who employs the supervisor and who has actual knowledge of the false verification shall be subject to a civil penalty not to exceed $30,000.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VIII - Enforcement › Section 6-851 - Audits of Work Verifications; Penalty

(a)    The Department may audit, through a spot check or other investigation, the verification of work performed pursuant to § 6–819(g) of this subtitle.
(b)    If the Department, through audits conducted within 30 days of receipt of verification of work performed pursuant to § 6–819(g) of this subtitle, finds that the condition of the affected property does not comport with the work that was verified by the same contractor or supervisor, an owner of a property for which work was verified by that contractor or supervisor within the previous year shall be required to have that property inspected and treated as necessary to satisfy the modified risk reduction standard under § 6–819 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 8 - Reduction of Lead Risk in Housing › Part VIII - Enforcement › Section 6-852 - Spot Checks of Properties Reported or Verified as Satisfying the Modified Risk Reduction Standards

(a)    The Department may, at any time, spot check affected properties that have been reported as satisfying the risk reduction standard or verified as satisfying the modified risk reduction standard.
(b)    If a spot check pursuant to subsection (a) of this section reveals that an affected property that has been reported as satisfying the risk reduction standard under § 6-815 of this subtitle does not satisfy that standard, the Department may order that the owner of the property satisfy the risk reduction standard, as verified by an inspection conducted within 30 days of receipt of the order.
(c)    If a spot check pursuant to subsection (a) of this section reveals that an affected property that has been verified as satisfying the modified risk reduction standard under § 6-819 of this subtitle, but has not been reported as satisfying the risk reduction standard under § 6-815 of this subtitle, does not satisfy the modified risk reduction standard, the Department may order the owner of the property to satisfy the modified risk reduction standard, as verified by an inspection conducted within 30 days of receipt of the order.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part I - Mercuric Oxide Batteries › Section 6-901 - Disposal and Recycling

(a)    On or after July 1, 1994, a person may not dispose of a mercuric oxide battery except in a manner that the Department approves under regulations adopted by the Department.
(b)    Any 2 or more manufacturers may develop a joint plan for recycling or disposal of any specified mercuric oxide battery that they manufacture.
(c)    (1)    A manufacturer shall be responsible for the environmentally sound collection, transportation, and recycling or proper disposal, including the cost of these activities, of every used mercuric oxide battery produced by the manufacturer and sold or offered for promotional purposes in the State.
(2)    Notwithstanding paragraph (1) of this subsection, a retailer or seller may provide for the collection, recycling, or proper disposal of used mercuric oxide batteries through the sale to a refiner or a refiner’s agent if the retailer or seller complies with any requirement established by the Department to implement this section.
(d)    Manufacturers may establish or utilize a trade association or a consortium comprised of members of the dry cell battery industry in order to facilitate compliance with the requirements of this section.
(e)    A manufacturer shall consult with the Office of Recycling in developing its plan.
(f)    Each battery management plan submitted by a manufacturer shall include:
(1)    The designation of the collector, transporter, processor, or collection system to be utilized by the manufacturer, or by the county or municipal corporation, institutional generator, retailer or small quantity generator on behalf of the manufacturer, for the collection, transportation, and recycling or proper disposal of used mercuric oxide batteries in each county;
(2)    The designation of the funding source or mechanism to be used by the manufacturer to defray the costs of implementing the battery management plan; and
(3)    A strategy for informing consumers, on any store display promoting the sale or use of the batteries the manufacturer manufactures, that these types of used dry cell batteries may not enter the solid waste stream, and that a convenient mechanism for the collection, transportation, and recycling or proper disposal of these types of used batteries is available to the consumer.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part I - Mercuric Oxide Batteries › Section 6-902 - Sale, Distribution, or Offer for Sale

A person may not sell, distribute, or offer for sale in this State a mercuric oxide battery unless:
(1)    The person is a party to a plan approved by the Department under § 6-901 of this subtitle; or
(2)    A retailer or seller has provided for the collection, recycling, or proper disposal of used mercuric oxide batteries through the sale to a refiner or a refiner’s agent and the retailer or seller has complied with any requirement established by the Department to implement § 6-901 of this subtitle.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-904 - Findings

The General Assembly finds that:
(1)    Mercury is a persistent and toxic pollutant that bioaccumulates in the environment;
(2)    Consumption of mercury–contaminated fish poses a significant health threat;
(3)    Combustion of municipal and other solid waste is a source of mercury pollution;
(4)    Both industry and government are working to reduce the content of mercury in products and to control the release of mercury into the environment;
(5)    Accidental mercury spills, breakages, and releases have occurred at schools in the United States, exposing students, teachers, and administrators to mercury emissions; and
(6)    Removal of mercury and mercury–containing products from the waste stream prior to combustion or disposal is an effective way to reduce mercury pollution.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-905 - Definitions

(a)    In this part the following words have the meanings indicated.
(a–1)    “Electric relay” means a product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit.
(a–2)    “Electric switch” means a product or device that opens or closes an electrical circuit.
(a–3)    “Gas valve switch” means a product or device that opens or closes a gas valve.
(b)    “Manufacturer” means a person that:
(1)    Produces a product;
(2)    For a multicomponent product, produces or assembles the final product; or
(3)    Serves as an importer or domestic distributor of a product produced outside of the United States.
(c)    “Marketer” means a person that manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on:
(1)    A fever thermometer containing mercury;
(2)    A thermostat containing mercury;
(3)    An electric switch containing mercury or a product component with an electric switch containing mercury;
(4)    An electric relay containing mercury or a product component with an electric relay containing mercury; or
(5)    A gas valve switch containing mercury or a product component with a gas valve switch containing mercury.
(d)    “Mercury–added product” means any of the following products if containing elemental mercury or a mercury compound that has been added to the product for any reason:
(1)    Dyes or pigments; and
(2)    Fluorescent lamps.
(e)    “Motor vehicle” has the meaning stated in § 11–135 of the Transportation Article.
(f)    “Reclamation facility” means a site:
(1)    Where equipment is used to recapture mercury from mercury–added fluorescent lamps for the purpose of recycling or reusing the mercury; or
(2)    That collects mercury–containing components from mercury–added fluorescent lamps for the eventual recapture and recycling or reuse of the mercury.
(g)    “Thermostat” means a device that regulates temperature in an enclosed area by controlling heating, cooling, or ventilation equipment.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-905.1 - Sale of Mercury Fever Thermometer Prohibited

(a)    Except as provided in subsection (b) of this section, a marketer may not sell or provide a fever thermometer containing mercury to a consumer except by prescription.
(b)    This section does not apply to:
(1)    A fever thermometer sold or provided to be used in hospitals or other places where medical services are provided by medical service professionals; or
(2)    A digital thermometer using mercury-added button cell batteries.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-905.3 - Prohibition on Sale of Products Containing Mercury -- Electric Switch, Electric Relay, or Gas Valve Switch

(a)    Except as provided in subsection (b) of this section, on or after October 1, 2018, a marketer may not knowingly sell or provide to a consumer individually or as a product component:
(1)    An electric switch containing mercury;
(2)    An electric relay containing mercury; or
(3)    A gas valve switch containing mercury.
(b)    This section does not apply to an electric switch, an electric relay, or a gas valve switch that is sold or provided to replace a switch or relay that is a component of a larger product in use on or before October 1,  2018, if:
(1)    The larger product is used in manufacturing;
(2)    The larger product is used in a generating, transmission, or distributing facility for electric energy, gas, or water;
(3)    The switch or relay is integrated with, and not physically separate from, other components of the larger product;
(4)    The use of the switch or relay is required under federal law or regulation; or
(5)    The manufacturer of the larger product has not approved for use in the larger product a switch or relay that does not contain mercury.
(c)    (1)    A person that violates this section is liable for a civil penalty to be collected in a civil action in the circuit court for any county in the State not exceeding:
(i)    $1,000 for a first offense;
(ii)    $2,500 for a second offense; or
(iii)    $5,000 for a third or subsequent offense.
(2)    (i)    In addition to any other remedies available at law or in equity, after an opportunity for a hearing, the Department may impose a fine for each violation of this section, not exceeding:
1.    $1,000 for a first offense;
2.    $2,500 for a second offense; or
3.    $5,000 for a third or subsequent offense.
(ii)    The Department shall consider the following in assessing the fine in subparagraph (i) of this paragraph:
1.    The willfulness of the violation;
2.    The extent to which the violation was known, but uncorrected, by the violator;
3.    The extent to which the violation resulted in actual harm to human health or the environment;
4.    The nature and degree of injury to, or interference with, general welfare and health; and
5.    The extent to which the current violation is part of a pattern of the same or a similar type of violation by the violator.
(3)    Each day a violation continues is a separate offense under this section.
2023 Maryland Statutes › Environment › Title 6 - Toxic, Carcinogenic, and Flammable Substances › Subtitle 9 - Mercury › Part II - Mercury and Products That Contain Mercury › Section 6-906 - Use of Elemental or Chemical Mercury in Schools

(a)    Beginning October 1, 2003, no primary or secondary school, except for a school engaged in vocational training, may use or purchase for use elemental or chemical mercury in a primary or secondary classroom.
(b)    The Department shall provide outreach assistance to schools relating to the proper management, recycling, and disposal of mercury and mercury-added products.