WILLIAM DONALD SCHAEFER, Governor Ch. 761
clean up, and abate a hazardous materials spill or discharge
caused in a traffic accident involving a motor carrier were
studied extensively during the 1987 Interim; and
WHEREAS, This Act is intended to provide at least some money
to the individuals who work for or with volunteer fire companies,
volunteer rescue squads, and volunteer ambulance companies in
order to reimburse those individuals for their personal
protective equipment that is damaged or destroyed while making an
emergency response to a traffic accident that results in a spill
or discharge of hazardous materials involving a motor carrier
that is transporting hazardous materials; and
WHEREAS, By means of negotiated settlements first and court
action if necessary, this Act provides a mechanism under which
the volunteer individual is reimbursed for damaged or destroyed
personal protective equipment by the motor carrier that is at
fault in and causes a traffic accident involving a containment,
cleanup, and abatement of hazardous materials; and
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;
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