Ch. 762

LAWS OF MARYLAND

(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 BY A PAID
FIRE DEPARTMENT 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 OF HAZARDOUS
MATERIALS; AND

(II)  AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT BY THE PAID FIRE DEPARTMENT.

(B) THE REASONABLE 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
PAID FIRE DEPARTMENT 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 PAID DEPARTMENT MAY FILE SUIT AGAINST THE MOTOR
CARRIER IN A COURT OF COMPETENT JURISDICTION IN THE STATE.

3-1104.

AS PROVIDED IN ARTICLE 41, § 4-13.1 OF THE CODE, THE
ATTORNEY GENERAL AND COUNSEL TO THE DEPARTMENT OF PUBLIC SAFETY
AND CORRECTIONAL SERVICES SHALL ASSIST A PAID FIRE DEPARTMENT, ON
REQUEST, IN THE NEGOTIATIONS AND IN THE FILING OF A COURT SUIT TO
OBTAIN REIMBURSEMENT UNDER § 3-1103 OF THIS SUBTITLE FOR THE
EXPENSE OF AN EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND
ABATEMENT.

3-1105.

- 4984 -