Ch. 763

LAWS OF MARYLAND

(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 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 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.

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