Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 3 - SUBTITLES 13-18 › Subtitle 14 - HAZARDOUS SUBSTANCE RESPONSE PLAN AND VOLUNTARY CLEANUP › Chapter 26.14.01 - Procedures for Hazardous Substance Response › Section 26.14.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "County" means Baltimore City and any
				  county within the State.
(2)
				  "Department" means the Maryland Department of the Environment (MDE).
(3) "Federal act" means the Comprehensive
				  Environmental Response, Compensation, and Liability Act of 1980, as amended by
				  the Superfund Amendments and Reauthorization Act of 1986.
(4) "Ground water" means water below the land
				  surface in a zone of saturation.
(5) "Hazardous substance" means any
				  substance:
(a) Defined as a hazardous
				  substance under the federal act; or
(b) Identified as a controlled hazardous
				  substance by the Department in the Code of Maryland Regulations.
(6) "National Contingency Plan
				  (NCP)" means the National Oil and Hazardous Substances Pollution Contingency
				  Plan, 40 CFR 300.
(7) "Oil" means
				  oil as defined in Environment Article, Title 4, Subtitle 4, Annotated Code of
				  Maryland.
(8) "Person" means an
				  individual, trust, firm, joint stock company, federal agency, corporation
				  including a government corporation, partnership, association, State,
				  municipality, commission, political subdivision of a State, or any interstate
				  body.
(9) "Release" means the
				  addition, introduction, leaking, spilling, emitting, discharge as defined in
				  Environment Article, Titles 4 and 7, escaping, or leaching of any hazardous
				  substance or oil into the environment.
(10) "Remedy" or "remedial action" means
				  those actions consistent with a permanent remedy taken instead of, or in
				  addition to, removal action in the event of a release or threatened release of
				  a hazardous substance or oil into the environment, to prevent or minimize the
				  release of hazardous substances so that the substances do not migrate to cause
				  substantial danger to present or future public health, welfare, or the
				  environment. This term includes, but is not limited to, the remedies described
				  in the federal act.
(11) "Removal"
				  or "remove" means the cleanup or removal of released hazardous substances or
				  oil from the environment, such actions as may be necessary taken in the event
				  of the threat of release of hazardous substances or oil into the environment,
				  such actions as may be necessary to monitor, assess, and evaluate the release
				  or threat of release of hazardous substances or oil, the disposal of removed
				  material, or the taking of other actions as may be necessary to prevent,
				  minimize, or mitigate damage to the public health or welfare or to the
				  environment, which may otherwise result from a release or threat of release.
				  The terms include, in addition, without being limited to, security fencing or
				  other measures to limit access, provision of alternative water supplies,
				  containment of hazardous substances or oil, and other appropriate actions in
				  response to emergencies.
(12)
				  "Response" or "respond" means remove, removal, remedy, and remedial action. All
				  these terms, including the terms "removal" and "remedial action", include any
				  related enforcement activities.
(13) "Responsible person" means a responsible
				  person as defined in Environment Article, Title 7, Subtitle 2, or a person
				  responsible for the discharge as defined in Environment Article, Title 4,
				  Subtitle 4, Annotated Code of Maryland.
(14) "Secretary" means the Secretary of the
				  Environment.
(15) "Site" means:
(a) A building, structure, installation,
				  equipment, pipe or pipeline including any pipe into a sewer or publicly owned
				  treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage
				  container, motor vehicle, rolling stock, or aircraft; or
(b) An area where a hazardous substance or
				  oil has been deposited, stored, disposed of, or placed, or has otherwise come
				  to be located.