Ch. 532                                    1996 LAWS OF MARYLAND

(1)     Reimbursement for usual, customary, and reasonable costs incurred in
performing site rehabilitation;

(2)     A guarantee of payment to a qualified contractor for the usual,
customary, and reasonable costs of performing site rehabilitation; or

(3)     Matching funds required under § 9003(h) of the Federal Solid Waste
Disposal Act for the Federal Leaking Underground Storage Tank Program.

(b)     The per occurrence deductible or limitation provided under § 4-705(b) of this
subtitle does not apply to the reimbursement or guarantee to a contractor under this
section.

(c)     In order to encourage that site rehabilitation activities be undertaken by an
owner, operator, or other person responsible for a discharge from an underground oil
storage tank, any site rehabilitation costs INCLUDING ATTORNEY'S FEES AND
LITIGATION COSTS incurred by the Department or the Fund under this section shall be
recoverable from the responsible party to the Fund.

(d)     Recoveries collected under subsection (c) of this section shall be paid into the
Fund.

SECTION 2. AND BE IT FURTHER ENACTED, That an applicant who has
submitted an application to the Department of the Environment under § 4-606 of the
Environment Article on or before December 31, 1993 and who has not submitted a
completed loan processing form to the Department by October 1, 1996, is not eligible for
a loan under that application. The Department shall notify those applicants of this
requirement by July 1, 1996.

SECTION 3. AND BE IT FURTHER ENACTED, That in Fiscal Year 1996, the
Secretary of the Environment shall transfer $3 million from the Underground Storage
Tank Upgrade and Replacement Fund to the Oil Contaminated Site Environmental
Cleanup Fund, and $1 million to the Maryland Oil Disaster Containment, Clean-Up and
Contingency Fund to be used only as provided for in § 4-607(d)(3) of the Environment
Article.

SECTION 4. AND BE IT FURTHER ENACTED, That the Department of the
Environment, in conjunction with the Department of Budget and Fiscal Planning, the
Department of Fiscal Services, representatives of the various sectors of petroleum
marketing, and other appropriate public and private entities, shall undertake a
comprehensive review and assessment of revised funding mechanisms for cleanup of sites
contaminated by oil from underground storage tanks and funding levels of oil related
activities in Fiscal Year 1999. The Department of the Environment shall report its
findings and funding recommendation to the Legislative Policy Committee, the House
Environmental Matters Committee, and the Senate Economic and Environmental Affairs
Committee no later than November 1, 1999.

SECTION 5. AND BE IT FURTHER ENACTED, That the Department of the
Environment shall convene a technical work group from representatives of the various
sectors of the petroleum marketing industry and undertake a review of the regulations
adopted under Title 4 of the Environment Article. The regulatory work group shall review

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