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§ 6-822. Relationship to other laws

West's Annotated Code of MarylandEnvironmentEffective: June 1, 2012

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 8. Reduction of Lead Risk in Housing (Refs & Annos)
Part IV. Risk Reduction Standard for Affected Property (Refs & Annos)
Effective: June 1, 2012
MD Code, Environment, § 6-822
§ 6-822. Relationship to other laws
Currentness
Effect of subtitle on repair obligations or other authorities under state or local law or regulation
(a) The provisions of this subtitle do not affect:
(1) The duties and obligations of an owner of an affected property to repair or maintain the affected property as required under any applicable State or local law or regulation; or
(2) The authority of a State or local agency to enforce applicable housing or livability codes or to order lead abatements in accordance with any applicable State or local law or regulation.
Abatement orders
(b)(1) Notwithstanding § 6-803 of this subtitle, following an environmental investigation in response to a report of a lead poisoned person at risk, the Department or a local jurisdiction, including the local health department, may order an abatement, as defined in § 6-1001 of this title, in any residential property, child care center, family child care home, or preschool facility.
(2) No provision of this Act may be construed to limit the treatments which may be encompassed by an order to abate lead hazards.
Conflict between abatement order and subtitle
(c)(1) Whenever there is a conflict between the requirements of an abatement order issued by a State or local agency to an owner of an affected property and the provisions of this subtitle, the more stringent provisions of this subtitle and of the abatement order shall be controlling in determining the owner's obligations regarding the necessary lead hazard reduction treatments that shall be performed in the affected property that is subject to the abatement order.
(2) The Department may enforce the terms of an abatement ordered by a local jurisdiction or local health department in a civil or an administrative action.

Credits

Added by Acts 1994, c. 114, § 1, eff. Oct. 1, 1994. Amended by Acts 2012, c. 387, § 1, eff. June 1, 2012.
MD Code, Environment, § 6-822, MD ENVIR § 6-822
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document