WILLIAM DONALD SCHAEFER, Governor Ch. 409

(a)  If any hazardous substance is released or there is a
substantial threat of a release into the environment [that may
present an imminent and substantial danger to the public health
or welfare], unless the Secretary determines that a removal and
remedial action will be done properly and in a timely manner by
the owner or operator of the facility from which the release or
threat of release emanates, or by any other responsible party,
the Secretary may:

(1)  Act consistent with the State Hazardous Substance
Response Plan to remove or arrange for the removal of and provide
for remedial action relating to the hazardous substance at any
time, including its removal from any contaminated natural
resources; [or]

(2)  Take WHEN THE SECRETARY DETERMINES THAT THERE MAY
BE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH
OR WELFARE OR THE ENVIRONMENT, TAKE any other response measure
consistent with the State Hazardous Substance Response Plan that
the Secretary considers necessary to protect the public health or
welfare or the environment; OR

(3)  ENTER ANY SITE OR FACILITY TO CARRY OUT THE
PROVISIONS OF THIS SECTION.

(b)  The Department in any removal or remedial action under
this subtitle may not duplicate removal or remedial actions taken
under the federal act.

(C) IF ENTRY TO ENABLE THE SECRETARY TO CARRY OUT THE
PROVISIONS OF THIS SECTION IS DENIED, THE SECRETARY MAY:

(I)  OBTAIN A SEARCH WARRANT PURSUANT TO § 7-256.1 OF
THIS SUBTITLE; OR

(II)  OBTAIN AN INJUNCTION TO ENTER.

7-256.

(a) At any reasonable time, a representative of the
Department or a representative of the health department of the
political jurisdiction where the hazardous substance facility is
located may enter any hazardous substance facility:

(1)  To inspect the hazardous substance facility;

(2)  To obtain water, WASTE, SOIL, OR AIR samples;

(3)  To drill test wells; and

(4)  To measure the volume and kinds of substances
that are received, treated, stored, or disposed of.

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