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§ 7-304. Penalties for proscribed conduct

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 3. Appalachian States Low-Level Radioactive Waste Compact
MD Code, Environment, § 7-304
§ 7-304. Penalties for proscribed conduct
Currentness
Article IV. Prohibited Acts and Penalties
a. It shall be unlawful for any person to dispose of low-level waste within the region except at a regional facility unless authorized by the Commission.
b. After establishment of the regional facility(s), it shall be unlawful for any person to dispose of any low-level waste within the region unless the waste was generated within the region or unless authorized to do so both by the Commission and by law of the host state in which said disposal takes place. For the purposes of this compact, waste generated within the region excludes radioactive material shipped from outside the party states to a waste management facility within the region. In determining whether to grant such authorization, the factors to be considered by the Commission shall include, but not be limited to, the following:
1. The impact on the health, safety and environmental quality of the citizens of the party states;
2. The impact of importing waste on the available capacity and projected life of the regional facility;
3. The availability of a regional facility appropriate for the safe disposal of the type of low-level waste involved.
c. Any and all low-level waste generated within the region shall be disposed of at a regional facility, except for specific cases agreed upon by the Commission, with the affirmative votes by a majority of the Commission members of the host state(s) affected by the decision.
d. Generators, brokers and carriers of wastes, and owners and operators of sites shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. The party states shall impose a fine for any violation in an amount equal to the present and future costs associated with correcting any harm caused by the violation and shall assess punitive fines or penalties if it is deemed necessary. In addition, the host state shall bar any person who violates host state or federal regulations from using the regional facility until that person demonstrates to the satisfaction of the host state their ability and willingness to comply with the law.
e. 1. No Commissioner, officer or employee shall:
(a) Be financially interested, either directly or indirectly, in a contract, sale, purchase, lease or transfer of real or personal property to which the Commission is a party.
(b) Solicit or accept money or any other thing of value in addition to the expenses paid to him by the Commission for services performed within the scope of his official duties.
(c) Offer money or anything of value for or in consideration of obtaining an appointment, promotion or privilege in his employment with the Commission.
2. Any officer or employee who shall willfully violate any of the provisions of this section shall forfeit his office or employment.
3. Any contract or agreement knowingly made in contravention of this section is void.
4. Officers and employees of the Commission shall be subject, in addition to the provisions of this section, to such criminal and civil sanctions for misconduct in office as may be imposed by federal law and the law of the signatory state in which such misconduct occurs.

Credits

Added by Acts 1986, c. 33, § 2.
MD Code, Environment, § 7-304, MD ENVIR § 7-304
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.
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