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Ch. 420 2005 LAWS OF MARYLAND
FOR the purpose of prohibiting a certain owner person owner from employing or
engaging a related party to the owner person owner to perform certain
lead-contaminated dust testing or conduct certain inspections; requiring the
Department of the Environment to impose an administrative penalty, not to
exceed a certain amount, on an owner a person an owner who employs or
engages a related party to the owner person owner to perform certain
lead-contaminated dust testing or conduct certain inspections; requiring the
Department to impose an administrative penalty, not to exceed a certain amount,
on a related party to an owner who performs certain lead-contaminated dust
testing or conducts certain inspections; and generally relating to
lead-contaminated dust testing and inspections.
BY repealing and reenacting, with amendments,
Article - Environment
Section 6-818 and 6-849
Annotated Code of Maryland
(1996 Replacement Volume and 2004 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
6-818.
(a) (1) Any person performing lead-contaminated dust testing or conducting
inspections required by this subtitle:
[(1)] (I) Shall be accredited by the Department;
[(2)] (II) May not be a related party to the owner; and
[(3)] (III) Shall submit a verified report of the result of the
lead-contaminated dust testing or visual inspection to the Department, the owner,
and the tenant, if any, of the affected property.
(2) AN OWNER A PERSON AN OWNER MAY NOT EMPLOY OR ENGAGE A
RELATED PARTY TO THE OWNER PERSON OWNER TO PERFORM
LEAD-CONTAMINATED DUST TESTING OR CONDUCT INSPECTIONS REQUIRED BY
THIS SUBTITLE.
(b) A report submitted to the Department under subsection (a) of this section
that certifies compliance for an affected property with the risk reduction standard
shall be conclusive proof that the owner is in compliance with the risk reduction
standard for the affected property during the period for which the certification is
effective, unless there is:
(1) Proof of actual fraud as to that affected property;
(2) Proof that the work performed in the affected property was not
performed by or under the supervision of personnel accredited under § 6-1002 of this
title; or
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