WILLIAM DONALD SCHAEFER, Governor Ch. 761

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

(II)  AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT BY THE VOLUNTEER FIRE DEPARTMENT,
VOLUNTEER RESCUE SQUAD, OR VOLUNTEER AMBULANCE COMPANY.

(B) THE EXPENSE OF AN EMERGENCY RESPONSE CONTAINMENT,
CLEANUP, AND ABATEMENT UNDER SUBSECTION (A) OF THIS SECTION IS A
DEBT AGAINST THE RESPONSIBLE MOTOR CARRIER.

3-1103.

(A)  A MOTOR CARRIER THAT IS AT FAULT IN AND CAUSES A
TRAFFIC ACCIDENT THAT RESULTS IN A SPILL OR DISCHARGE OF
HAZARDOUS MATERIALS SHALL NEGOTIATE IN GOOD FAITH TO REIMBURSE A
VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD, OR VOLUNTEER
AMBULANCE COMPANY FOR ITS THE EXPENSE OF AN EMERGENCY RESPONSE,
CONTAINMENT, CLEANUP, AND ABATEMENT INVOLVING THE HAZARDOUS
MATERIALS IN THE TRAFFIC ACCIDENT.

(B)  IF THE NEGOTIATIONS UNDER SUBSECTION (A) OF THIS
SECTION DO NOT RESOLVE THE DISPUTE TO THE SATISFACTION OF THE
PARTIES, A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD, OR
VOLUNTEER AMBULANCE COMPANY MAY FILE SUIT AGAINST THE MOTOR
CARRIER IN A COURT OF COMPETENT JURISDICTION IN THE STATE.

(C)  IF A VOLUNTEER FIRE COMPANY, VOLUNTEER RESCUE SQUAD, OR
VOLUNTEER AMBULANCE COMPANY IS AWARDED DAMAGES UNDER THIS
SUBTITLE, THE COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES.

3-1104.

AS PROVIDED IN ARTICLE 41, § 4-103.1 OF THE CODE, THE
ATTORNEY GENERAL AND COUNSEL TO THE DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES SHALL ASSIST A VOLUNTEER FIRE COMPANY,
VOLUNTEER RESCUE SQUAD, AND VOLUNTEER AMBULANCE COMPANY IN THE
NEGOTIATIONS AND IN THE FILING OF A COURT SUIT TO OBTAIN

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