§ 4-401. Definitions
West's Annotated Code of MarylandEnvironmentEffective: April 8, 2008
Effective: April 8, 2008
MD Code, Environment, § 4-401
§ 4-401. Definitions
(b) “Cleanup” means abatement, containment, removal, and disposal of oil and the restoration of the environment to its existing state prior to a discharge.
(c)(1) “Damages” means any damages for which liability exists under the laws of this State resulting from, arising out of, or related to the discharge or threatened discharge of oil.
(d) “Discharge” means the addition, introduction, leaking, spilling, or emitting any oil to State waters or the placing of any oil in a location where it is likely to reach State waters.
(e) “Heating oil tank” means an aboveground or underground tank for the storage of heating oil for use as a fuel in heating a residential property.
(f) “Lender” means a person who is:
(g)(1) “Management” means directing or controlling operations at a site or facility related to the storage or discharge of oil.
(2) “Management” does not include rendering advice on financial matters, rendering financial assistance, or actions taken to protect or secure a site or facility or property located on the site or at the facility, if the advice, assistance, or actions do not involve the storage, disposal, or remediation of discharged oil.
(h)(1) “Oil” means oil of any kind and in any liquid form including:
(i)(1) “Oil storage facility” means any installation, structure or premises, aboveground or underground, in which oil is stored.
(j)(1) “Person responsible for the discharge” includes:
(i) A person who, without participating in the management of an underground oil storage tank, and who otherwise is not engaged in petroleum production, refining, or marketing, holds indicia of ownership in an underground oil storage tank primarily to protect its security interest in that underground oil storage tank if that person:
1. Has not foreclosed on its security interest in the underground oil storage tank; or
2. Abandoned that underground oil storage tank under regulations of the Department within 180 days of acquiring the tank through foreclosure or other means;
1. Has not caused or contributed to a discharge of oil; and
2. Previous to extending that credit, is not a person responsible for the discharge at the site; or
(iv) Subject to paragraph (3) of this subsection, a lender who takes action to protect or preserve a mortgage or deed of trust on a site or a security interest in property located on a site at which a discharge of oil has occurred, by stabilizing, containing, removing, or preventing the discharge of oil in a manner that does not cause or contribute to a discharge of oil if:
1. The lender provides advance written notice of its actions to the Department or in the event of an emergency in which action is required within 2 hours, provides notice by telephone;
2. The lender, previous to taking the action, is not a person responsible for the discharge at the site; and
3. The action does not violate a provision of this article.
(3) A lender taking action to protect or preserve a mortgage or deed of trust or security interest in property located on a site, who causes or contributes to a discharge of oil shall be liable solely for costs incurred in response to the discharge which the lender caused or to which the lender contributed unless the lender was a person responsible for the discharge before acquiring a mortgage, deed of trust, or security interest in the site or property located on the site.
(k) “Removal costs” means the costs of removal that are incurred after a discharge of oil has occurred or, in any case where there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(l)(1) “Underground oil storage tank” means one or more tanks including underground pipes connected to tanks, with a volume of 10 percent or more beneath the surface of the ground.
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1. Amended by Acts 1976, c. 183, § 1; Acts 1980, c. 27; Acts 1982, c. 240, § 4; Acts 1987, c. 306, § 3; Acts 1989, c. 709; Acts 1989, c. 808; Acts 1990, c. 66; Acts 1990, c. 67; Acts 1991, c. 55, § 1; Acts 1991, c. 183; Acts 1992, c. 294; Acts 1992, c. 459; Acts 1992, c. 566; Acts 1997, c. 1, §§ 1, 2, eff. Feb. 25, 1997; Acts 1997, c. 14, § 1, eff. April 8, 1997; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2007, c. 367, § 1, eff. July 1, 2007; Acts 2008, c. 36, § 1, eff. April 8, 2008; Acts 2013, c. 43, § 5.
Formerly Art. 96A, § 24.
MD Code, Environment, § 4-401, MD ENVIR § 4-401
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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