Ch. 480

1994 LAWS OF MARYLAND

(2)      A IF A PERSONAL REPRESENTATIVE ACTS PRUDENTLY AND IN GOOD
FAITH, THE PERSONAL REPRESENTATIVE IS NOT LIABLE TO A PERSON WITH AN
INTEREST IN PROPERTY ASSETS HELD BY THE PERSONAL REPRESENTATIVE FOR A
DECREASE IN THE VALUE OF THE ASSETS FOR TAKING ACTION UNDER THIS
SUBSECTION OR OTHERWISE COMPLYING TAKING ACTION TO COMPLY WITH AN
ENVIRONMENTAL LAW OR REPORTING REQUIREMENT.

(3)      ACCEPTANCE BY THE PERSONAL REPRESENTATIVE OF PROPERTY
OR FAILURE BY THE PERSONAL REPRESENTATIVE TO TAKE ACTION UNDER THIS
SUBSECTION DOES NOT IMPLY THAT THERE IS OR MAY BE LIABILITY UNDER AN
ENVIRONMENTAL LAW WITH RESPECT TO ANY PROPERTY.

14-108.

(A)     (1) IN THIS SECTION, "ENVIRONMENTAL LAW" MEANS A FEDERAL,
STATE, OR LOCAL LAW, RULE, REGULATION, OR ORDINANCE THAT RELATES TO THE
PROTECTION OF THE ENVIRONMENT.

(2) "ENVIRONMENTAL LAW" INCLUDES TITLE 9 OF THE NATURAL
RESOURCES ARTICLE OF THE ANNOTATED CODE OF MARYLAND.

(B)      (1) TO COMPLY WITH AN ENVIRONMENTAL LAW, A TRUSTEE MAY:

(I)       INSPECT PROPERTY HELD BY THE TRUSTEE, INCLUDING ANY
TYPE OF INTEREST IN A SOLE PROPRIETORSHIP, PARTNERSHIP, OR CORPORATION,
AND ANY ASSETS OWNED BY A SOLE PROPRIETORSHIP, PARTNERSHIP, OR
CORPORATION, TO DETERMINE COMPLIANCE WITH AN ENVIRONMENTAL LAW AND
RESPOND TO AN ACTUAL OR POTENTIAL ENVIRONMENTAL LIABILITY RELATING TO
THE PROPERTY;                                                             

(II)     BEFORE OR AFTER THE INITIATION OF A CLAIM OR A
GOVERNMENTAL ENFORCEMENT ACTION, TAKE ACTION NECESSARY TO PREVENT,
ABATE, OR OTHERWISE REMEDY AN ACTUAL OR POTENTIAL ENVIRONMENTAL
LIABILITY THAT AFFECTS A TRUST ASSET;                                               

(III)    SETTLE OR COMPROMISE AT ANY TIME A CLAIM AGAINST THE
TRUST BASED ON AN ALLEGED ENVIRONMENTAL LIABILITY THAT MAY BE
ASSERTED BY ANY PERSON; AND                                                                       

(IV)    PAY FROM THE TRUST THE COSTS OF AN INSPECTION, REVIEW,
STUDY, ABATEMENT, RESPONSE, CLEANUP, OR OTHER REMEDIAL ACTION THAT
INVOLVES AN ENVIRONMENTAL LIABILITY.

(2) A IF A TRUSTEE ACTS PRUDENTLY AND IN GOOD FAITH, THE TRUSTEE
IS NOT LIABLE TO A PERSON WITH AN INTEREST IN PROPERTY ASSETS OF THE TRUST
HELD BY THE TRUSTEE FOR A DECREASE IN THE VALUE OF THE ASSETS FOR TAKING
ACTION UNDER THIS SUBSECTION OR OTHERWISE COMPLYING TAKING ACTION TO
COMPLY WITH AN ENVIRONMENTAL LAW OR REPORTING REQUIREMENT.

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