2142

LAWS OF MARYLAND

Ch. 609

ANOTHER PARTY OR ENTITY AND CONTAINING SUCH HAZARDOUS SUBSTANCES;
OR

(4) (IV) ACCEPTS OR ACCEPTED ANY CONTROLLED HAZARDOUS
SUBSTANCE FOR TRANSPORT TO A DISPOSAL OR TREATMENT FACILITY OR
ANY SITES SELECTED BY THE PERSON.

(2) "RESPONSIBLE PERSON" DOES NOT INCLUDE;

(I) A PERSON WHO PURCHASES A SITE CONTAINING A
CONTROLLED HAZARDOUS SUBSTANCE WITHOUT KNOWLEDGE OF THE EXISTENCE
OF THE CONTROLLED HAZARDOUS SUBSTANCE AT THE SITE; OR

(II) A HOLDER OF A MORTGAGE OR DEED OF TRUST
WHO ACQUIRES TITLE THROUGH FORECLOSURE TO A SITE CONTAINING A
CONTROLLED HAZARDOUS SUBSTANCE.

7-221.

(a) All expenditures from the State Hazardous Substance
Control Fund made by the Department under § 7-220 [(b)] (B) (1),
(2), (3), (4), and (5) of this subtitle in response to a release
or a threatened release of a controlled hazardous substance at a
particular site shall be reimbursed to the Department for the
State Hazardous Substance Control Fund by the [person]
responsible PERSON for the release or the threatened release.

(b) (1) In addition to any other legal action authorized by
this subtitle, the Attorney General may bring an action to
recover costs from any RESPONSIBLE person who fails to make a
reimbursement as required under subsection (a) of this section.

(2) (I) IN AN ACTION UNDER PARAGRAPH (1) OF THIS
SUBSECTION TO RECOVER COSTS. THE STATE SHALL SEEK RECOVERY
AGAINST ALL RESPONSIBLE PERSONS.

(II) REIMBURSEMENT SHALL BE APPORTIONED THE
STATE SHALL SEEK RECOVERY ON AN APPORTIONMENT BASIS IN ACCORDANCE
WITH A PERSON'S CONTRIBUTION TO THE SITUATION OR PROBLEM, WHEN
THERE IS A REASONABLE BASIS FOR DETERMINING THE CONTRIBUTION OF A
RESPONSIBLE PERSON.

(III) REIMBURSEMENT IN ANY OTHER CASE SHALL NOT
BE APPORTIONED.

(c) The Department may recover costs for the fund resulting
from releases or threatened releases of controlled hazardous
substances whether or not the controlled hazardous substance was
placed at the site, released, or threatened to be released before
July 1, 1985.

(D) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS
SECTION, A PERSON WHO IS LIABLE FOR A RELEASE OR THREATENED
RELEASE OF A CONTROLLED HAZARDOUS SUBSTANCE UNDER THIS SUBTITLE
IS SUBJECT TO THE UNIFORM CONTRIBUTION AMONG TORT-FEASORS ACT