Ch. 1

1997 LAWS OF MARYLAND

7-508. REQUIREMENTS OF RESPONSE ACTION PLAN.

(A)     AFTER THE DEPARTMENT APPROVES AN APPLICATION IN ACCORDANCE
WITH § 7-506 OF THIS SUBTITLE, THE PARTICIPANT SHALL DEVELOP A RESPONSE
ACTION PLAN THAT INCLUDES:

(1)      A PLAN FOR ALL WORK NECESSARY TO PERFORM THE PROPOSED
RESPONSE ACTION PLAN, INCLUDING LONG-TERM MONITORING AND
MAINTENANCE OF THE SITE, IF NECESSARY;

(2)      A DEMONSTRATION TO THE SATISFACTION OF THE DEPARTMENT
THAT THE PROPOSED RESPONSE ACTION PLAN:

(I)       WILL ACHIEVE THE APPROPRIATE CRITERIA UNDER
SUBSECTION (B) OF THIS SECTION; AND

(II)     WILL PROTECT PUBLIC HEALTH AND THE ENVIRONMENT
ONCE COMPLETED;

(3)      A CERTIFIED WRITTEN STATEMENT THAT THE PROPERTY MEETS
ALL APPLICABLE COUNTY AND MUNICIPAL ZONING REQUIREMENTS; AND

(4)      ANY OTHER INFORMATION RELATED TO THE PROPOSED RESPONSE
ACTION PLAN THAT THE DEPARTMENT MAY REASONABLY REQUIRE TO DETERMINE
THAT THE PLAN MEETS THE REQUIREMENTS OF THIS SUBTITLE.

(B)     A PARTICIPANT SHALL SELECT ONE OR MORE OF THE FOLLOWING
CRITERIA THAT PROTECTS PUBLIC HEALTH AND THE ENVIRONMENT, AS MAY BE
APPROPRIATE WHEN PROPOSING A RESPONSE ACTION PLAN:

(1)      UNIFORM NUMERIC RISK-BASED STANDARDS;

(2)      MEASURABLE STANDARDS BASED ON SITE-SPECIFIC RISK

ASSESSMENTS;

(3)      BACKGROUND LEVELS;

(4)      FEDERAL OR STATE SOIL STANDARDS OR WATER QUALITY
STANDARDS;

(5)      STANDARDS BASED ON FEDERAL OR STATE MAXIMUM
CONTAMINANT LEVELS (MCLS); OR

(6)      ANY OTHER FEDERAL OR STATE STANDARDS.

(C)     THE RESPONSE ACTION PLAN SHALL:

(1)      ENUMERATE THE RESPONSIBILITIES AND DUTIES OF THE
DEPARTMENT AND THE PARTICIPANT;

(2)      INCLUDE A SCHEDULE FOR THE IMPLEMENTATION AND
COMPLETION OF THE RESPONSE ACTION PLAN;

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