Ch. 591

1993 LAWS OF MARYLAND

(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) "PAID FIRE DEPARTMENT" INCLUDES A PAID FIRE DEPARTMENT, A PAID
RESCUE SQUAD, A PAID EMERGENCY MEDICAL SERVICE, A PAID HAZARDOUS
MATERIAL RESPONSE TEAM, PAID LAW ENFORCEMENT, AND A LOCAL DEPARTMENT
OF PUBLIC WORKS DESIGNATED BY A LOCAL JURISDICTION AS A RESPONDER TO A
RELEASE OR THREATENED RELEASE OF HAZARDOUS MATERIALS, OR AS AN
ASSISTANT TO A RESPONDER:

3-1202.1.

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 PAID FIRE DEPARTMENT.

3-1203.

(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
paid fire department 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 PAID FIRE
DEPARTMENT FOR THE EXPENSE OF AN EMERGENCY RESPONSE, CONTAINMENT,
CLEANUP, AND ABATEMENT INVOLVING THE HAZARDOUS MATERIALS IN THE
RELEASE OR THREATENED RELEASE.

(b)     (1) If the negotiations under subsection [(a)] (A)(1) of this section do not
resolve the dispute to the satisfaction of the parties, a paid FIRE department may file suit
against the motor carrier in a court of competent jurisdiction in the State.

(2) IF THE NEGOTIATIONS UNDER SUBSECTION (A)(2) OF THIS SECTION

DO NOT RESOLVE TOE DISPUTE TO THE SATISFACTION OF THE PARTIES, A PAIR FIRE
DEPARTMENT MAY FILE SUIT AGAINST TOE PERSON IN CONTROL IN A COURT OF
COMPETENT JURISDICTION IN TOE STATE.

3-1204.

This subtitle does not affect any liability or immunity of a paid fire company, a paid
rescue squad, or the personnel of a paid fire company or paid rescue squad under §
5-309.1 of this article.

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