WILLIAM DONALD SCHAEFER, Governor                         Ch. 591

(v) Combustible liquids or solids;

(vi) Poisons;

(vii) Oxidizing or corrosive materials; and

(viii) Compressed gases.

[(d)](E) "Highway" has the same meaning as provided in § 11-127 of the
Transportation Article.

[(e)](F) "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.

(G) "PERSON IN CONTROL", WITH RESPECT TO A RELEASE OR THREATENED
RELEASE OF HAZARDOUS MATERIALS AT A FIXED FACILITY, MEANS:

(1)      THE OWNER OF THE HAZARDOUS MATERIALS; AND

(2)      THE OWNER, OR OPERATOR, OR PERSON IN CHARGE OF THE FIXED
FACILITY INVOLVED IN THE RELEASE OR THREATENED RELEASE OF HAZARDOUS
MATERIALS AT THE TIME OF OR IMMEDIATELY BEFORE THE RELEASE OR
THREATENED RELEASE.

(H) "VOLUNTEER FIRE COMPANY" INCLUDES A VOLUNTEER FIRE COMPANY,
A VOLUNTEER HAZARDOUS MATERIAL RESPONSE TEAM, A VOLUNTEER RESCUE
SQUAD, A VOLUNTEER AMBULANCE SQUAD, OR ANY OTHER VOLUNTEER
ORGANIZATION DESIGNATED BY A LOCAL JURISDICTION AS A RESPONDER TO A
RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS.

3-1102.1.

A PERSON IN CONTROL WHO IS AT FAULT IS RESPONSIBLE FOR THE EXPENSE
OF AN EMERGENCY RESPONSE, CONTAINMENT, CLEANUP, AND ABATEMENT OF A
RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS AT A FIXED
FACILITY BY A VOLUNTEER FIRE COMPANY, OR THE INDIVIDUAL MEMBERS OF THE
VOLUNTEER FIRE COMPANY.

3-1103.

(a) (1) A motor carrier that is at fault 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
the expense of an emergency response, containment, cleanup, and abatement involving
the hazardous materials in the traffic accident.

(2) A PERSON IN CONTROL OF A FIXED FACILITY WHO IS AT FAULT AND
WHO IS INVOLVED IN A RELEASE OR THREATENED RELEASE OF HAZARDOUS
MATERIALS SHALL NEGOTIATE IN GOOD FAITH TO REIMBURSE A VOLUNTEER FIRE
COMPANY FOR THE EXPENSE OF AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT INVOLVING THE HAZARDOUS MATERIALS IN THE
RELEASE OR THREATENED RELEASE.

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