§ 7-201. Definitions
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2012
Effective: July 1, 2012
MD Code, Environment, § 7-201
§ 7-201. Definitions
(b) “Controlled hazardous substance” means:
(c)(1) “Controlled hazardous substance facility” means a disposal structure, system, or geographic area, designated by the Department for treatment, storage related to treatment or disposal, or disposal of controlled hazardous substances.
(d) “Controlled hazardous substance hauler” means a person who has a hauler certificate issued by the Department to transport controlled hazardous substances.
(e) “Controlled hazardous substance vehicle” means a vehicle that the Department has certified as suitable for use to transport controlled hazardous substances.
(f) “Controlled hazardous substance vehicle driver” means a person who operates a controlled hazardous substance vehicle.
(h) “Discharge” means:
(i) “Facility permit” means a permit issued by the Department to establish, operate, or maintain a controlled hazardous substance facility.
(j) “Federal act” means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,1 as amended through January 1, 2003.
(k) “Hauler certificate” means a certificate issued by the Department that permits a person to be a controlled hazardous substance hauler.
(l) “Hazardous substance” means any substance:
(n) “Lender” means a person who is:
(o) “Low-level nuclear waste” means a substance that:
(p) “Low-level nuclear waste facility” means a controlled hazardous substance facility for low-level nuclear waste.
(q) “Low-level nuclear waste facility permit” means a facility permit issued by the Department for a low-level nuclear waste facility.
(r) “Person” includes the federal government, this State, any county, municipal corporation, or other political subdivision of this State, and any of their units.
(s) “Release” means the addition, introduction, leaking, spilling, emitting, discharging, escaping, or leaching of any hazardous substance into the environment.
(t)(1) “Responsible person” means any person who:
(iii) By contract, agreement, or otherwise, arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of a hazardous substance owned or possessed by such person, by any other party or entity, at any site owned or operated by another party or entity and containing such hazardous substances; or
(i) A person who can establish by a preponderance of the evidence that at the time the person acquired an interest in a site containing a hazardous substance the person did not know and had no reason to know that any hazardous substance which is the subject of the release or threatened release was disposed of on, in, or at the site; however, any person claiming an exemption from liability under this subparagraph must establish that the person had no reason to know, in accordance with § 101(35)(B) of the federal act, and that the person satisfied the requirements of § 107(b)(3)(a) of the federal act;
(iii) A person who, without participating in the day-to-day management of a site containing a hazardous substance, holds indicia of ownership in the site or in property located on the site primarily to protect a valid and enforceable lien unless that person directly causes the discharge of a hazardous substance on or from the site;
(iv) A holder of a mortgage or deed of trust on a site containing a hazardous substance or a holder of a security interest in property located on the site who does not participate in the day-to-day management of the site unless that holder directly causes the discharge of a hazardous substance on or from the site;
(viii) A holder of a mortgage or deed of trust who acquires title to an eligible property as defined in Subtitle 5 of this title subject to a written agreement in accordance with Subtitle 5 of this title provided that the holder complies with the requirements, prohibitions, and conditions of the agreement;
(x) 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 release or threatened release of a hazardous substance has occurred, by stabilizing, containing, removing, or preventing the release of a hazardous substance in a manner that does not cause or contribute to a release or significantly increase the threat of release of a hazardous substance at the site if:
(xi) A person who receives a response action plan approval letter as an inculpable person or the person's successor in title who is also an inculpable person under Subtitle 5 of this title and who does not cause or contribute to new contamination or exacerbate existing contamination as provided in §§ 7-505 and 7-514 of this title.
(3) A lender taking action to protect or preserve a mortgage or deed of trust or security interest in a property located on a site, who causes or contributes to a release of a hazardous substance shall be liable solely for costs incurred as a result of the release which the lender caused or to which the lender contributed unless the lender was a responsible person prior to taking the action.
(iii) Nothing in paragraph (2)(i) of this subsection shall affect the liability under this subtitle of a person who, by any act or omission, caused or contributed to the release or threatened release of a hazardous substance at a site which is the subject of the action relating to the site if at the time of the act or omission the person knew or had reason to know that the act or omission would cause or contribute to the release or threatened release of a hazardous substance.
(ii) “Management” does not include rendering advice on financial matters, rendering financial assistance, or actions taken to protect or secure the site or property located on the site if the advice, assistance, or actions do not involve the treatment, storage, or disposal of a hazardous substance or remediation of a hazardous substance release.
(u)(1) “Solid waste” means any:
(v) “Transuranic waste” means waste material that is measured or assumed to contain at least 10 nanocuries or more of transuranic activity per gram of waste.
(w) “Treatment” means any method, technique, or process, including neutralization, that is designed to change the physical, chemical, or biological character or composition of any controlled hazardous substance so as to neutralize or render the waste nonhazardous, safer for transport, or reduced in volume.
Credits
Added by Acts 1982, c. 240, § 2. Amended by Acts 1982, c. 439; Acts 1983, c. 583, §§ 1, 2; Acts 1984, c. 255; Acts 1984, c. 650; Acts 1984, c. 743, §§ 1, 2; Acts 1986, c. 609; Acts 1986, c. 713, §§ 1, 2; Acts 1988, c. 6, § 1; Acts 1989, c. 409; Acts 1991, c. 154; Acts 1992, c. 538; Acts 1997, c. 1, §§ 1, 2, eff. Feb. 25, 1997; Acts 2003, c. 466, § 1, eff. June 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2012, c. 176, § 1, eff. July 1, 2012.
Formerly Art. 43, § 689B.
Footnotes
Pub.L. 96-510, Dec. 11, 1980, 94 Stat. 2767, codified at 42 U.S.C.A. § 9601 et seq.
MD Code, Environment, § 7-201, MD ENVIR § 7-201
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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