PARRIS N. GLENDENING, Governor                                    Ch. 1

(2) ANY MONEYS, OTHER THAN APPLICATION FEES, IN THE
VOLUNTARY CLEANUP FUND FOR ANY ACTIVITIES RELATING TO THE VOLUNTARY
CLEANUP PROGRAM.

7-505. LIABILITY OF INCULPABLE PERSON.

(A)     IF THE DEPARTMENT APPROVES AN APPLICANT'S STATUS AS AN
INCULPABLE PERSON UNDER § 7-506(B)(l)(I)1 OF THIS SUBTITLE, THE PARTICIPANT'S
STATUS AS AN INCULPABLE PERSON CONTINUES UPON ACQUIRING AN INTEREST IN
THE ELIGIBLE PROPERTY.

(B)      EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AN
INCULPABLE PERSON IS NOT LIABLE FOR EXISTING CONTAMINATION AT THE
ELIGIBLE PROPERTY.

(C)     AN INCULPABLE PERSON SHALL BE LIABLE FOR:

(1)      NEW CONTAMINATION THAT THE PERSON CAUSES OR
CONTRIBUTES TO AT THE ELIGIBLE PROPERTY; AND

(2)      EXACERBATION OF EXISTING CONTAMINATION AT THE ELIGIBLE
PROPERTY.

7-506. APPLICATION REQUIREMENTS.

(A) TO PARTICIPATE IN THE PROGRAM, AN APPLICANT SHALL:

(1) SUBMIT AN APPLICATION, ON A FORM PROVIDED BY THE
DEPARTMENT, THAT INCLUDES:

(I)       INFORMATION DEMONSTRATING TO THE SATISFACTION OF
THE DEPARTMENT THAT THE CONTAMINATION DID NOT RESULT FROM THE
APPLICANT KNOWINGLY OR WILLFULLY VIOLATING ANY LAW OR REGULATION
CONCERNING CONTROLLED HAZARDOUS SUBSTANCES;

(II)     INFORMATION DEMONSTRATING THE PERSON'S STATUS AS A
RESPONSIBLE PERSON OR AN INCULPABLE PERSON;

(III)    INFORMATION DEMONSTRATING THAT THE PROPERTY IS AN
ELIGIBLE PROPERTY AS DEFINED IN § 7-501 OF THIS SUBTITLE;

(IV)    A DETAILED REPORT WITH ALL AVAILABLE RELEVANT
INFORMATION ON ENVIRONMENTAL CONDITIONS INCLUDING CONTAMINATION AT
THE ELIGIBLE PROPERTY KNOWN TO THE APPLICANT AT THE TIME OF THE
APPLICATION;

(V)     AN ENVIRONMENTAL SITE ASSESSMENT THAT INCLUDES
ESTABLISHED PHASE I AND PHASE II SITE ASSESSMENT STANDARDS AND FOLLOWS
PRINCIPLES ESTABLISHED BY THE AMERICAN SOCIETY FOR TESTING AND
MATERIALS AND THAT DEMONSTRATES TO THE SATISFACTION OF THE
DEPARTMENT THAT THE ASSESSMENT HAS ADEQUATELY INVESTIGATED ALL
POTENTIAL SOURCES AND AREAS OF CONTAMINATION; AND

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