2268

LAWS OF MARYLAND

Ch. 550

(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 the natural resources of the State; or

(3)  The facility poses a substantial threat to
the public health.

(o) Nothing in this section is intended to preempt
other authority conferred by statute upon the Departments of
Health and Mental Hygiene, Natural Resources, Agriculture,
State Department of Licensing and Regulation, Division of
Labor and Industry or any other State department or agency.

(p) There is a class of offenses under this section
which shall be misdemeanors, each punishable by a fine not
exceeding $25,000, or by confinement in the penitentiary for
up to 3 years, or both. Each day on which a violation
occurs constitutes a separate offense. Violations of the
provisions of this section or any rule, regulation, order,
or permit issued pursuant thereto which are not enumerated
as offenses under this subsection shall be subject to other
penalties established by this subtitle. Persons convicted
of the following offenses are punishable under this
subsection;

(1)  Any person who stores or dumps, discharges,
abandons, or otherwise disposes of, or who authorizes,
directs, or permits any person to store or dump, discharge,
abandon, or otherwise dispose of, a designated hazardous
substance OR LOW-LEVEL NUCLEAR WASTE in any place other than
a facility for which a permit has been issued by the
Department pursuant to this subsection;

(2)  Any person who transports for storage or
disposal or who authorizes, directs, or permits any person
to transport for storage or disposal a designated hazardous
substance OR LOW-LEVEL NUCLEAR WASTE to any place other than
a facility for which a permit has been issued by the
Department pursuant to this section; or

(3)  Any person who falsifies, or who authorizes,
directs, or permits any person to falsify any information
required to be submitted to the Department by the provisions
of this subtitle or any rule, regulation, order, or permit
issued pursuant thereto.

8-1413.4.

(A)  EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS
SECTION, THE DEPARTMENT MAY NOT ISSUE A PERMIT UNDER THIS
SUBTITLE FOR THE DISPOSAL OF LOW-LEVEL NUCLEAR WASTE.

(B)  IF A PERSON MEETS THE REQUIREMENTS OF SECTIONS
8-1413.2 AND 8-1413.3 OF THIS ARTICLE, THE DEPARTMENT MAY