Ch. 760

LAWS OF MARYLAND

WHEREAS, To ensure that this Act is working properly, an
interim report on its operation will be required within a year
after its effective date; and

WHEREAS, Insofar as the volunteer individual or the
volunteer department, squad, or company is reimbursed for damaged
or destroyed personal protective equipment under the Superfund
Amendments and Reauthorization Act of 1986 or under the State
Emergency Assistance Trust Fund (Article 38A, § 46A of the Code),
this Act is not intended to provide double reimbursement; now,
therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

SUBTITLE 11. REIMBURSEMENT FOR COSTS OF EMERGENCY RESPONSE,
CONTAINMENT, CLEANUP, AND ABATEMENT

3-1101.

(A)  IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)  (1) "EXPENSE OF AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT" MEANS THE REASONABLE COSTS ASSOCIATED
WITH THE REPAIR OR REPLACEMENT OF PERSONAL PROTECTIVE EQUIPMENT:

(I) OWNED BY:

1. A VOLUNTEER FIRE COMPANY, VOLUNTEER
RESCUE SQUAD, OR VOLUNTEER AMBULANCE COMPANY; OR

2. AN AUTHORIZED VOLUNTEER INDIVIDUAL WHO
PARTICIPATES IN AN EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND
ABATEMENT BY A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD, OR
VOLUNTEER AMBULANCE COMPANY, AND

(II) DAMAGED THROUGH PROPER USE DURING AN
EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND ABATEMENT OF A
RELEASE OF HAZARDOUS MATERIALS RESULTING FROM A TRAFFIC ACCIDENT
INVOLVING A MOTOR VEHICLE OPERATED BY A MOTOR CARRIER THAT IS
TRANSPORTING HAZARDOUS MATERIALS.

(2) "EXPENSE OF AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT" INCLUDES THE COSTS OF REPLACING THE
CHEMICALS OR OTHER FIRE FIGHTING MATERIALS THAT ARE USED OR
DAMAGED DURING AN EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND
ABATEMENT.

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