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§ 7-222. Protection against hazardous releases

West's Annotated Code of MarylandEnvironmentEffective: October 1, 2008

West's Annotated Code of Maryland
Environment
Title 7. Hazardous Materials and Hazardous Substances (Refs & Annos)
Subtitle 2. Controlled Hazardous Substances (Refs & Annos)
Part IV. State Hazardous Substance Control Fund
Effective: October 1, 2008
MD Code, Environment, § 7-222
§ 7-222. Protection against hazardous releases
Currentness
In general
(a) If any hazardous substance is released or there is a substantial threat of a release into the environment, unless the Secretary determines that a removal and remedial action will be done properly and in a timely manner by the owner or operator of the facility from which the release or threat of release emanates, or by any other responsible party, the Secretary may:
(1) Enter any site or facility to carry out the provisions of this section; and
(2)(i) Act consistent with the State Hazardous Substance Response Plan to remove or arrange for the removal of and provide for remedial action relating to the hazardous substance at any time, including its removal from any contaminated natural resources;
(ii) When the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment, take any other response measure consistent with the State Hazardous Substance Response Plan necessary to protect the public health or welfare or the environment; or
(iii) In addition to any other action authorized under this subtitle, when the Secretary determines that there may be an imminent and substantial endangerment to the public health or welfare or to the environment, issue orders to or seek injunctive relief against responsible persons as may be necessary to protect the public health and welfare or the environment.
Duplication of removal or remedial actions prohibited
(b) The Department in any removal or remedial action under this subtitle may not duplicate removal or remedial actions taken under the federal act.
Entry by Secretary; search warrant or injunction
(c) If entry to enable the Secretary to carry out the provisions of this section is denied, the Secretary may:
(1) Obtain a search warrant pursuant to § 7-256.1 of this subtitle; or
(2) Obtain an injunction to enter.
Required reporting
(d)(1) On or after October 1, 2009, a responsible person that possesses a sample result or other environmental assessment that indicates the release of a hazardous substance into the environment, at or above a threshold established in accordance with paragraph (2) of this subsection, shall report the finding immediately to the Department.
(2) In determining a reportable threshold of a release of a hazardous substance, the Department shall consider:
(i) The quantity of a hazardous substance;
(ii) The associated risk factors of a hazardous substance; and
(iii) Any other factor determined necessary by the Department.
(3) On or before June 30, 2009, the Department shall adopt regulations to implement the provisions of this subsection.

Credits

Added by Acts 1984, c. 743, § 2. Amended by Acts 1989, c. 409; Acts 1990, c. 6, § 2; Acts 1991, c. 154; Acts 2008, c. 106, § 1, eff. Oct. 1, 2008.
MD Code, Environment, § 7-222, MD ENVIR § 7-222
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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