HARRY HUGHES, Governor 2143
UNDER ARTICLE 50, §§ 16 THROUGH 24 OF THE CODE, INCLUDING A RIGHT
OF CONTRIBUTION, AS IF THAT PERSON HAD CAUSED AN INJURY IN TORT.
(E) A RESPONSIBLE PERSON AGAINST WHOM A LEGAL ACTION IS
BROUGHT UNDER SUBSECTION (B) OF THIS SECTION FOR A RELEASE OR
THREATENED RELEASE OF A CONTROLLED HAZARDOUS SUBSTANCE MAY MOVE
TO JOIN ANY OTHER RESPONSIBLE PERSON UNDER THE MARYLAND RULES OF
CIVIL PROCEDURE.
7-223.1.
THE PROVISIONS OF §§ 7-218 THROUGH 7-223 OF THIS SUBTITLE
SHALL BE INTERPRETED AND APPLIED TO BE CONSISTENT WITH THE
FEDERAL ACT.
7-224.
(a) Except as otherwise permitted in Title 9, Subtitle 3 of
this article, a person may not store, discharge, TREAT, or
dispose of a controlled hazardous substance in this State except:
(1) In a controlled hazardous substance facility; and
(2) In accordance with this subtitle.
7-228.
(A) On behalf of this State and in accordance with the Real
Property Article, the Department may acquire, by condemnation,
any INTEREST IN land or [controlled hazardous substance] facility
if the Department determines that:
(1) The condemnation is necessary to provide the
proper perpetual care and monitoring of [a controlled hazardous
substance] THE LAND OR facility PERFORM THE DUTIES IMPOSED BY
THIS SUBTITLE OR FOR ANY OTHER PURPOSE AUTHORIZED UNDER THIS
SUBTITLE;
(2) The [controlled hazardous substance] LAND OR
facility poses a substantial threat to the public health; or
(3) Any future disturbance of the land would pose a
substantial threat to the natural resources of this State.
(B) ON BEHALF OF THIS STATE, THE DEPARTMENT MAY RECOVER THE
COST OF ACQUIRING ANY LAND OR FACILITY WHICH IS ACQUIRED THROUGH
CONDEMNATION UNDER THIS SECTION FROM THE OWNER OF THE FACILITY OR
ANY OTHER ANY RESPONSIBLE PERSON.
(C) (1) IF AN INTEREST IN LAND THAT WAS ACQUIRED UNDER THIS
SECTION IS NOT NEEDED TO CARRY OUT THE PROVISIONS OF THIS
SUBTITLE, THE DEPARTMENT SHALL DISPOSE OF THE LAND AS SOON AS
PRACTICABLE.
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