HARRY HUGHES, Governor

2267

(I)  THE DEPARTMENT AFFIRMATIVELY FINDS
THAT THE APPLICANT IS QUALIFIED TO AND CAPABLE OF MEETING
THE REQUIREMENTS OF THIS SECTION.

(II)  THE HAULER AGREES TO NOTIFY BEFORE
ANY SHIPMENT THE FACILITY TO WHICH THE LOW-LEVEL NUCLEAR
WASTE WILL BE TAKEN, AND NOT TO SHIP THE LOW-LEVEL NUCLEAR
WASTE UNLESS THE RECEIVING FACILITY HAS INDICATED ITS
ABILITY AND WILLINGNESS TO TAKE THE LOW-LEVEL NUCLEAR WASTE.

(m) Every person who produces a designated hazardous
substance OR LOW-LEVEL NUCLEAR WASTE that is transported
away from the place of generation to a facility:

(1)  Shall attach a label approved by the
Department of Health and Mental Hygiene to any designated
hazardous substance OR LOW-LEVEL NUCLEAR WASTE container,
except as may be in conflict with other State and federal
law;

(2)  Shall provide a manifest to a certified
designated hazardous substance OR LOW-LEVEL NUCLEAR WASTE
hauler for any vehicle he uses to transport the substance,
that describes the volume and chemical, physical, and
biological characteristics of the substance;

(3)  Shall permit only a designated hazardous
substance OR LOW-LEVEL NUCLEAR WASTE hauler, who supplies to
the generator copies of its current required certificates,
and represents in writing to the generator that the hauler
is fully certified under subsection (1) of this section, to
transport a designated hazardous substance OR LOW-LEVEL
NUCLEAR WASTE from its place of generation;

(4)  Shall report periodically, on a form
prescribed by the Department, on the source, hauler,
facility destination intended by the hauler at the time of
receipt from the generator, volume and nature of the
designated hazardous substance OR LOW-LEVEL NUCLEAR WASTE
transported; and

(5)  May contract for the treatment, storage
related to treatment or disposal, or disposal of designated
hazardous substances OR LOW-LEVEL NUCLEAR WASTE only with an
operator of a currently authorized facility or with a
designated hazardous substance OR LOW-LEVEL NUCLEAR WASTE
hauler who operates a currently authorized facility or who
has a valid contract for the treatment, storage related to
treatment or disposal, or disposal of designated hazardous
substances OR LOW-LEVEL NUCLEAR WASTE with an operator of a
currently authorized facility.

(n) The Department of Health and Mental Hygiene,
pursuant to the applicable provisions of the Real Property
Article, may condemn any land or facility used for disposal
of designated hazardous substances OR LOW-LEVEL NUCLEAR
WASTE if it determines that: