|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2005 LAWS OF MARYLAND
|
|
|
|
|
Ch. 597
|
|
|
|
|
|
|
|
|
|
Article - Environment
9-276.
(a) Except as provided in subsection (d) of this section, all expenditures from
the State Used Tire Cleanup and Recycling Fund made by the Department under §
9-275(a)(1) of this subtitle in response to the storage or disposal of used tires at a
particular site shall be reimbursed to the Department for the State Used Tire
Cleanup and Recycling Fund by the owner or operator of the site or any other person
who caused the tires to be stored or disposed of at the site in violation of this subtitle.
(b) In addition to any other legal action authorized by this subtitle, the
Attorney General may bring an action to recover costs and interest from any person
who fails to make reimbursement as required under subsection (a) of this section.
(c) [The] EXCEPT AS PROVIDED IN SUBSECTION (D)(2) (D) OF THIS SECTION,
THE Department may recover costs incurred by the Department under § 9-275(a)(1)
of this subtitle whether or not the discarded tires were disposed of or stored at the site
before July 1, 1989.
(d) This section does not apply to [expenditures]:
(1) EXPENDITURES of $10,000 or less related to removal, restoration, or
remedial action in response to the disposal or storage of scrap tires in violation of this
subtitle if: IF THE OWNER OR OPERATOR OF
[(l)](I) The owner of the site acquired the property containing the scrap
tires prior to January 1, 2000 by inheritance or bequest at the death of the transferor;
and
[(2)](II) The tires were stored or disposed of at the site prior to January
1, [2000] 2000; AND
(2) A SITE WHERE SCRAP TIRES WERE STORED, DISPOSED, OR
PROCESSED ONLY BEFORE JULY 1, 1989, IF THE OWNER OR OPERATOR OF THE SITE:
(I) (1) IS NOT ENGAGED IN THE BUSINESS OF STORAGE,
DISPOSAL, OR PROCESSING OF SCRAP TIRES. HAZARDOUS SUBSTANCES, OR OTHER
WASTE;
(II) (2) DID NOT CAUSE OR ALLOW SCRAP TIRES TO BE STORED,
DISPOSED, OR PROCESSED ON THE SITE: AND
(III) (3) 1. OBTAINED THE SITE OR AN INTEREST IN THE SITE
BY INHERITANCE, BEQUEST, OR OTHERWISE AT THE DEATH OF THE TRANSFEROR;
OR
2. WAS A GOOD FAITH PURCHASER FOR VALUE OF THE SITE
OR AN INTEREST IN THE SITE PRIOR TO JANUARY 1, 2000.
|
|
|
|
|
|
|
|
|
|
- 3406 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
