MARVIN MANDEL, Governor

871

Article 43 - Health

Section 394B

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 394B of Article 43 - Health, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1975 Supplement) be and it is hereby repealed and
reenacted, with amendments, to read as follows:

Article 43 - Health

394B.

The holder or holders of any permit for a landfill
refuse disposal system issued under § 394 of this
article, upon the termination of landfill operations,
shall close and cover all of the land for which the
permit was issued in a manner which prevents erosion,
health and safety hazards, nuisances, and pollution. AS
A CONDITION PRECEDENT FOR THE GRANTING OF THE PERMIT,
[[THE]] [[STATE]] THE COUNTY OR MUNICIPALITY EXERCISING
RESPONSIBILITY FOR THE LANDFILL MAY RESERVE TO ITSELF THE

OPTION FOR A SPECIFIED PERIOD OF TIME NOT TO EXTEND

BEYOND THE TIME THE PROPERTY IS ACTIVELY BEING USED AS A
LANDFILL TO ENTER INTO A CONTRACT WITH THE PERMIT HOLDER
OR HOLDERS TO PURCHASE THE LANDFILL FOR [[PUBLIC USE]]
OPEN SPACE OR RECREATIONAL PURPOSES [[, AND TO SPECIFY A
CERTAIN TIME FOR THAT USE]]. IN THE EVENT THE COUNTY OR
MUNICIPALITY EXERCISING RESPONSIBILITY FOR THE LANDFILL
DECLINES TO RESERVE OR EXERCISE THE OPTION, THEN THE
STATE MAY DO SO. [This] THESE [obligation] OBLIGATIONS
shall be binding on the heirs, representatives,
successors and assigns of (such] THE holder or holders.
Before a permit for a landfill refuse disposal system
[shall be] IS issued to any nonmunicipal corporation or
to any other private organization or person, the
applicant for [such] THE permit shall file with the State
Department of Health a bond on a form to be prescribed
and furnished by the Department. The bond [shall be] IS
payable to the governing body of the political
subdivision in which the landfill is to be located, and
the obligation of the bond shall be conditioned upon the
closing and covering of the landfill in a manner which
prevents erosion, health and safety hazards, nuisances,
and pollution. The bond shall be in the amount of [one
thousand dollars ($1,000.00)] $1,000 for each acre of
land for which the permit is to be applied, but in no
event less than [twenty—five thousand dollars ($25,000)]
$25,000. Liability under the bond [shall be] IS for the
duration of the actual operation of the landfill and for
a period of five years [thereafter] AFTER THAT unless
released [prior thereto] EARLIER by the Department upon
receipt of assurance that the landfill has been closed
and covered in the required manner. The bond shall be
executed by the applicant and by a corporate surety