782

LAWS OF MARYLAND

Ch. 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Natural Resources

8-1413.2.

(1) Except for designated hazardous substances used
for residential purposes or those regulated by the
Department of Agriculture, a person may not transport a
designated hazardous substance from a source within the
State or to a facility within the State unless the person
first obtains a certificate from the Department of Health
and Mental Hygiene and the transporting vehicle is certified
by the Department of Health and Mental Hygiene. Every
person holding a hauler certificate shall:

(6) Remove from the transporting vehicle, treat,
blend, or mix, or store for any period of time, designated
hazardous substances, only in a facility, except under
Department supervision during an emergency.

(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 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 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.