1738

LAWS OF MARYLAND

Ch. 618

PRESCRIBED BY THE DEPARTMENT, ON THE SOURCE, DISPOSAL
DESTINATION, VOLUME, AND NATURE OF THE DESIGNATED
HAZARDOUS SUBSTANCE TRANSPORTED;

(2)    SECURE A BOND FOR THE PURPOSE OF
INDEMNIFYING THE STATE FOR ABATEMENT OF POLLUTION
RESULTING FROM THE IMPROPER TRANSPORTATION OF DESIGNATED
HAZARDOUS SUBSTANCES; AND

(3)    PAY A YEARLY FEE FOR CERTIFICATION NOT
TO EXCEED $50.00[[; AND]].

[[(4) COMPLY WITH ANY OTHER REASONABLE
CONDITIONS IMPOSED BY THE DEPARTMENT.]]

[[(L)]] (M) [[HAZARDOUS SUBSTANCES MAY BE
TRANSPORTED ONLY BY A PERSON OR VEHICLE CERTIFIED BY THE
DEPARTMENT.]] EVERY PERSON WHO PRODUCES A DESIGNATED
HAZARDOUS SUBSTANCE THAT IS TRANSPORTED AWAY FROM THE
PLACE OF GENERATION TO A FACILITY, SHALL:

(1)    ATTACH A LABEL APPROVED BY THE
DEPARTMENT TO ANY DESIGNATED HAZARDOUS SUBSTANCE
CONTAINER, EXCEPT AS MAY BE IN CONFLICT WITH OTHER STATE
AND FEDERAL LAW; AND

(2)    PROVIDE A MANIFEST TO A CERTIFIED
DESIGNATED HAZARDOUS SUBSTANCE HAULER FOR ANY VEHICLE HE
USES TO TRANSPORT THE SUBSTANCE, THAT DESCRIBES THE
VOLUME AND CHEMICAL, PHYSICAL AND BIOLOGICAL
CHARACTERISTICS OF THE SUBSTANCE.

[[(M)]] (N) THE DEPARTMENT, PURSUANT TO THE
APPLICABLE PROVISIONS OF THE REAL PROPERTY ARTICLE, MAY
CONDEMN ANY LAND OR FACILITY USED FOR DISPOSAL OF
DESIGNATED HAZARDOUS SUBSTANCES IF IT DETERMINES THAT:

(1)    THE CONDEMNATION IS NECESSARY TO PROVIDE
FOR PROPER PERPETUAL CARE AND MONITORING OF THE FACILITY;
OR

(2)    FUTURE DISTURBANCE OF THE LAND POSES A
SUBSTANTIAL THREAT TO [[HUMANS, LIVING ORGANISMS, OR THE
ENVIRONMENT.]] THE NATURAL RESOURCES OF THE STATE; OR

(3)    THE FACILITY POSES A SUBSTANTIAL THREAT

TO THE PUBLIC HEALTH AS DETERMINED BY THE SECRETARY OF

HEALTH AND MENTAL HYGIENE.

(0) NOTHING IN THIS SECTION IS INTENDED TO PREEMPT

THE AUTHORITY CONFERRED BY STATUTE UPON THE DEPARTMENTS

OF HEALTH AND MENTAL HYGIENE, AGRICULTURE, STATE

DEPARTMENT OF LICENSING AND REGULATION, DIVISION OF LABOR
AND INDUSTRY OR ANY OTHER STATE DEPARTMENT OR AGENCY.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take affect July 1, 1976.