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ROBERT L. EHRLICH, JR., Governor Ch. 539
(2) The Department shall adopt regulations requiring the owner of an
underground oil storage tank to provide evidence of financial responsibility for costs
of cleanup, corrective action, and third party liability in the event of a discharge.
(3) Tanks subject to the financial responsibility requirements of this
subsection shall be the same as those tanks for which financial assurance is required
under Subtitle I of the Resource Conservation and Recovery Act, and limits of
coverage shall be the same as those imposed under that act.
(C) (1) IN THIS SUBSECTION, "MTBE" MEANS METHYL TERTIARY BUTYL
ETHER.
(2) UPON A FINDING BY THE DEPARTMENT THAT MTBE IS PRESENT IN A
MONITORING WELL OR SOIL SAMPLE IN EXCESS OF 20 PARTS PER BILLION AND IN
ACCORDANCE WITH PARAGRAPH (3) OF THIS PARAGRAPH, THE DEPARTMENT SHALL
NOTIFY EACH OWNER OF PROPERTY LOCATED WITHIN ONE HALF MILE OF THE SITE
FROM WHICH THE SAMPLE WAS TAKEN.
4-411.2.
(A) WITHIN 14 DAYS OF THE FINDING, THE DEPARTMENT SHALL NOTIFY THE
APPROPRIATE LOCAL HEALTH DEPARTMENT OF A FINDING THAT A GROUNDWATER
MONITORING WELL SAMPLE TAKEN FROM A HIGH-RISK GROUNDWATER USE AREA,
AS DEFINED BY THE DEPARTMENT, CONTAINS:
(1) METHYL TERTIARY BUTYL ETHER AT OR IN EXCESS OF 20 PARTS PER
BILLION;
(2) BENZENE AT OR IN EXCESS OF 5 PARTS PER BILLION; OR
(3) A COMBINATION OF BENZENE, TOLUENE, ETHYL BENZENE, AND
XYLENE AT OR IN EXCESS OF 100 PARTS PER BILLION.
(B) (1) THE LOCAL HEALTH DEPARTMENT SHALL NOTIFY EACH OWNER OF
PROPERTY WITHIN ONE-HALF MILE OF THE SITE FROM WHICH THE SAMPLE WAS
TAKEN.
(3) (2) THE NOTIFICATION SHALL:
(I) BE MAILED WITHIN 14 DAYS OF THE FINDING BY THE
DEPARTMENT RECEIPT OF A NOTICE FROM THE DEPARTMENT UNDER SUBSECTION
(A) OF THIS SECTION;
(II) BE MAILED VIA CERTIFIED MAIL; AND
(III) PROVIDE THE PROPERTY OWNER WITH INFORMATION
REGARDING; REGARDING THE AMOUNT OF CONTAMINATION AT THE SITE.
(C) THE PERSON RESPONSIBLE FOR THE RELEASE THAT RESULTED IN THE
GROUNDWATER CONTAMINATION SHALL REIMBURSE THE LOCAL HEALTH
DEPARTMENT FOR THE COSTS ASSOCIATED WITH PROVIDING THE NOTICE
REQUIRED UNDER SUBSECTION (B) OF THIS SECTION.
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