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Session Laws, 1989
Volume 771, Page 4764   View pdf image
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VETOES

(a) In this section AND § 4-411.1 the following words and
phrases have the [meaning] MEANINGS indicated.

(1)  "BARREL" MEANS ANY MEASURE OF PETROLEUM PRODUCTS
OR BY PRODUCTS OIL THAT CONSISTS OF 42.0 U.S. GALLONS OF LIQUID
MEASURE.

(2) "BODILY INJURY AND PROPERTY DAMAGE" MEANS THE
LOSS TO AN INDIVIDUAL OR THE INDIVIDUAL'S PROPERTY RESULTING FROM
A DISCHARGE INTO THE ENVIRONMENT FROM A PETROLEUM STORAGE TANK.

(2)  (I) "BODILY INJURY" MEANS BODILY INJURY,
SICKNESS, OR DISEASE SUSTAINED BY A PERSON, INCLUDING DEATH,
RESULTING FROM A DISCHARGE OF OIL.

(II)  "PROPERTY DAMAGE" MEANS;

1.  PHYSICAL INJURY TO, DESTRUCTION OF, OR
CONTAMINATION OF TANGIBLE PROPERTY, INCLUDING ALL RESULTING LOSS
OF USE OF THAT PROPERTY; OR

2.  LOSS OF USE OF TANGIBLE PROPERTY THAT
IS NOT PHYSICALLY INJURED, DESTROYED, OR CONTAMINATED BUT HAS
BEEN EVACUATED, WITHDRAWN FROM USE, OR RENDERED INACCESSIBLE
BECAUSE OF A DISCHARGE.

(III)   "BODILY INJURY" AND "PROPERTY DAMAGE" MAY
NOT INCLUDE THOSE LIABILITIES WHICH, CONSISTENT WITH STANDARD
INSURANCE INDUSTRY PRACTICES, ARE EXCLUDED FROM COVERAGE IN
LIABILITY INSURANCE POLICIES FOR BODILY INJURY AND PROPERTY
DAMAGE. HOWEVER, SUCH EXCLUSIONS FOR PROPERTY DAMAGE MAY NOT
INCLUDE CORRECTIVE ACTION ASSOCIATED WITH A DISCHARGE THAT IS
COVERED UNDER THIS SECTION.

(3)  (I) "CORRECTIVE ACTION" MEANS AN ACTION TO
CONTAIN, ELIMINATE, REMEDIATE, REMOVE, OR MITIGATE THE EFFECTS OF
A DISCHARGE OF PETROLEUM OIL INTO THE ENVIRONMENT FROM A
PETROLEUM AN OIL STORAGE TANK.

(II) "CORRECTIVE ACTION" INCLUDES MONITORING,
ASSESSING, AND EVALUATING A DISCHARGE.

[(1)](4) "Discharge" means any spilling, leaking,
pumping, pouring, emitting, emptying, [or] damping, ESCAPING,
LEACHING OR RELEASING INTO SURFACE WATERS, GROUNDWATER, OR SOILS.

[(2)] (5) (4) "Fund" means the Maryland Oil Disaster
Containment, Clean-up and Contingency Fund.

[(3)](6) (i) "Oil, petroleum products, and their
by products" means oil of any kind and in any liquid form
including, but not limited to, petroleum, fuel oil, sludge, oil

- 4764 -

 

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Session Laws, 1989
Volume 771, Page 4764   View pdf image
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