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§ 7-505. Liability of inculpable person

West's Annotated Code of MarylandEnvironment

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 5. Voluntary Cleanup Program (Refs & Annos)
MD Code, Environment, § 7-505
§ 7-505. Liability of inculpable person
Currentness
In general
(a)(1) If the Department approves a person's status as an inculpable person under this subtitle, the person's status as an inculpable person continues upon acquiring an interest in the eligible property.
(2) If the person meets the requirements of § 7-506(a)(1)(i), (ii), and (iii) of this subtitle, the Department shall approve or disapprove the person's status as an inculpable person within 5 business days of receiving:
(i) A written request from the person for an expedited determination of the person's status as an inculpable person; and
(ii) A fee of $2,000.
(3) Notwithstanding paragraph (1) of this subsection, the Department's approval of a person's status as an inculpable person expires if the application, including any applicable fees, required under this subtitle is not filed within 6 months after the approval of a person's status as an inculpable person.
Inculpable person not liable for existing contamination
(b) Except as provided in subsection (c) of this section, an inculpable person is not liable for existing contamination at the eligible property.
Liability
(c) An inculpable person shall be liable for:
(1) New contamination that the person causes or contributes to at the eligible property; and
(2) Exacerbation of existing contamination at the eligible property.

Credits

Added by Acts 1997, c. 1, § 1, eff. Feb. 25, 1997; Acts 1997, c. 2, § 1, eff. Feb. 25, 1997. Amended by Acts 2004, c. 72, § 1, eff. Oct. 1, 2004; Acts 2004, c. 73, § 1, eff. Oct. 1, 2004.
MD Code, Environment, § 7-505, MD ENVIR § 7-505
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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