WILLIAM DONALD SCHAEFER, Governor                   Ch. 760

(C)  (1) "HAZARDOUS MATERIALS" MEANS A SUBSTANCE OR MATERIAL
IN A QUANTITY OR FORM THAT THE UNITED STATES SECRETARY OF
TRANSPORTATION DESIGNATES MAY POSE AN UNREASONABLE RISK TO HEALTH
AND SAFETY OF INDIVIDUALS OR TO PROPERTY WHEN TRANSPORTED IN
COMMERCE.

(2) "HAZARDOUS MATERIALS" INCLUDES ANY GROUPING OR
CLASSIFICATION OF MATERIALS, THAT THE UNITED STATES SECRETARY OF
TRANSPORTATION DESIGNATES AS A HAZARDOUS MATERIAL, INCLUDING:

(I)  EXPLOSIVES;

(II)  RADIOACTIVE MATERIALS;

(III)  ETIOLOGIC AGENTS;

(IV)  FLAMMABLE LIQUIDS OR SOLIDS;

(V)  COMBUSTIBLE LIQUIDS OR SOLIDS;

(VI)  POISONS;

(VII)  OXIDIZING OR CORROSIVE MATERIALS; AND

(VIII)  COMPRESSED GASES.

(D)  "HIGHWAY" HAS THE SAME MEANING AS PROVIDED IN § 11-127
OF THE TRANSPORTATION ARTICLE.

(E)  "MOTOR CARRIER" MEANS A COMMON CARRIER BY MOTOR
VEHICLE, CONTRACT CARRIER BY MOTOR VEHICLE, AND PRIVATE CARRIER
BY MOTOR VEHICLE THAT CARRIES A HAZARDOUS MATERIAL IN COMMERCE.

3-1102.

(A) A MOTOR CARRIER IS RESPONSIBLE FOR THE EXPENSE OF AN

EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND ABATEMENT OF A

SPILL OF HAZARDOUS MATERIALS IN A TRAFFIC ACCIDENT BY A VOLUNTEER
FIRE DEPARTMENT, VOLUNTEER RESCUE SQUAD, VOLUNTEER AMBULANCE
COMPANY, OR THE INDIVIDUAL MEMBERS OF THE DEPARTMENT, SQUAD, OR
COMPANY IF THE MOTOR CARRIER:

(1)  TRANSPORTS A HAZARDOUS MATERIAL IN COMMERCE ON A
HIGHWAY IN THE STATE; AND

(2)  IS AT FAULT IN AND CAUSES A TRAFFIC ACCIDENT IN
THE STATE THAT RESULTS IN:

(I) A SPILL OR DISCHARGE INVOLVING HAZARDOUS
MATERIALS; AND

- 4969 -