Ch. 1

1997 LAWS OF MARYLAND

(VI) A DESCRIPTION, IN SUMMARY FORM, OF A PROPOSED
VOLUNTARY CLEANUP PROJECT THAT INCLUDES THE PROPOSED CLEANUP
CRITERIA UNDER § 7-508 OF THIS SUBTITLE AND THE PROPOSED FUTURE USE OF
THE PROPERTY, IF APPROPRIATE; AND

(2) PAY TO THE DEPARTMENT AN APPLICATION FEE OF $6,000.

(B) (1) (I) THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN
WRITING, WITHIN 60 DAYS AFTER RECEIPT OF THE APPLICATION, WHETHER:

1.        THE APPLICATION, INCLUDING THE APPLICANT'S STATUS
AS A RESPONSIBLE PERSON OR AN INCULPABLE PERSON, IS APPROVED;

2.        THE APPLICATION IS DENIED; OR

3.        THE DEPARTMENT HAS NO FURTHER REQUIREMENTS
RELATED TO THE INVESTIGATION OF CONTROLLED HAZARDOUS SUBSTANCES AT
THE ELIGIBLE PROPERTY AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION.

(II) IF THE DEPARTMENT DENIES THE APPLICATION, THE
DEPARTMENT SHALL PROVIDE TO THE APPLICANT THE REASONS FOR ITS DECISION
IN WRITING.

(2)      (I) AN APPLICANT MAY RESUBMIT AN APPLICATION WITHIN 60
DAYS AFTER RECEIPT OF NOTICE OF THE DEPARTMENT'S DECISION TO DENY THE
INITIAL APPLICATION.

(II) THE DEPARTMENT SHALL APPROVE OR DENY A RESUBMITTED
APPLICATION WITHIN 30 DAYS AFTER RECEIPT.

(3)      IF THE DEPARTMENT NOTIFIES THE APPLICANT THAT THE
DEPARTMENT HAS NO FURTHER REQUIREMENTS AT THE ELIGIBLE PROPERTY IN
ACCORDANCE WITH PARAGRAPH (1)(I)3 OF THIS SUBSECTION, THE DEPARTMENT
SHALL INCLUDE A STATEMENT THAT THIS NOTICE DOES NOT:

(I)       SUBJECT TO THE PROVISIONS OF § 7-505 OF THIS SUBTITLE,
PREVENT THE DEPARTMENT FROM TAKING ACTION AGAINST ANY PERSON TO
PREVENT OR ABATE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE
PUBLIC HEALTH OR THE ENVIRONMENT AT THE ELIGIBLE PROPERTY;

(II)     REMAIN IN EFFECT IF THE NOTICE OF NO FURTHER
REQUIREMENTS IS OBTAINED THROUGH FRAUD OR A MATERIAL
MISREPRESENTATION;

(III)    AFFECT THE AUTHORITY OF THE DEPARTMENT TO TAKE ANY
ACTION AGAINST A RESPONSIBLE PERSON CONCERNING PREVIOUSLY
UNDISCOVERED CONTAMINATION AT AN ELIGIBLE PROPERTY AFTER A NO
FURTHER REQUIREMENTS NOTICE HAS BEEN ISSUED BY THE DEPARTMENT; OR

(IV)    AFFECT THE AUTHORITY OF THE DEPARTMENT TO REQUIRE
ADDITIONAL CLEANUP FOR FUTURE ACTIVITIES AT THE SITE THAT RESULT IN
CONTAMINATION BY HAZARDOUS SUBSTANCES.

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