HARRY HUGHES, Governor

1901

(D) AS TO ANY CASE THAT NOTES AN APPEAL FROM A BOARD
DECISION THAT GRANTS A CERTIFICATE UNDER THIS SUBTITLE, A
COURT MAY NOT STAY THE OPERATION OF THE CERTIFICATE OR THE
PROCESSING OF ANY APPLICATION FOR A STATE PERMIT THAT
RELATES TO THE SITE OR A FACILITY FOR WHICH THE CERTIFICATE
WAS GRANTED.

(E) (D) IN ANY APPEAL, THE DECISION OF THE BOARD IS
PRIMA FACIE CORRECT AND SHALL BE AFFIRMED UNLESS CLEARLY
SHOWN TO BE:

(1)  IN VIOLATION OF CONSTITUTIONAL PROVISIONS;

(2)  MADE ON UNLAWFUL PROCEDURE;

(3)  ARBITRARY AND CAPRICIOUS; OR

(4)  AFFECTED BY OTHER ERROR OF LAW.
3-713.

(A)  EXCEPT AS PROVIDED UNDER SUBSECTION (B) OF THIS
SECTION, A SUBDIVISION MAY NOT BE HELD LIABLE FOR ANY
DAMAGES TO ANY PARTY THAT HAVE ARISEN FROM THE SELECTION OR
CERTIFICATION OF ANY SITE OR FACILITY UNDER THIS SUBTITLE OR
FROM THE REGULATION, OPERATION, OR CONTROL OF ANY SITE OR
FACILITY CERTIFIED UNDER THIS SUBTITLE.

(B)  THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION
SHALL NOT APPLY TO ANY LIABILITY IMPOSED ON A SUBDIVISION:

(1)  FOR ANY DAMAGE IF THE SUBDIVISION, ITSELF,
OPERATED THE FACILITY; OR

(2)  FOR ANY DAMAGE THAT RESULTED FROM THE
FAILURE OF THE POLITICAL SUBDIVISION: (I) TO CARRY OUT
PROPERLY ANY RESPONSIBILITY ASSIGNED TO IT UNDER THE LAW FOR
CONDUCTING INSPECTIONS; OR (II) TO REPORT IN A TIMELY MANNER
TO THE APPROPRIATE AUTHORITIES THE RESULTS OF ANY INSPECTION
THAT IT CONDUCTS.

8-1413.2.

(c) The Department, in its regulations, shall:

(7) Set requirements and provide [for]
procedures for [selection] THE PERMITTING of designated
hazardous substance disposal sites and disposal methods;

(k) (1) As a condition to the issuance of a permit,
the Department may require SHALL REQUIRE WHEN APPLICABLE a
permit holder to:

[(1)] (I) Report periodically on the volume and
chemical, physical, and biological nature of material
received and discharged by the facility;