PARRIS N. GLENDENING, Governor                                    Ch. 1

(3)      INCLUDE A WRITTEN AGREEMENT THAT IF THE RESPONSE ACTION
PLAN IS APPROVED, THE PARTICIPANT AGREES, SUBJECT TO THE WITHDRAWAL
PROVISIONS SET FORTH IN § 7-512 OF THIS SUBTITLE, TO COMPLY WITH THE
PROVISIONS OF THE PLAN; AND

(4)      INCLUDE A PROPOSAL FOR THE FILING OF A PERFORMANCE BOND
OR OTHER SECURITY IN ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION
(D) OF THIS SECTION.

(D)     (1) A PARTICIPANT SHALL FILE A PERFORMANCE BOND OR OTHER
SECURITY WITH THE DEPARTMENT WITHIN 10 DAYS AFTER RECEIVING THE
DEPARTMENT'S APPROVAL OF A RESPONSE ACTION PLAN AND BEFORE THE
PARTICIPANT MAY PERFORM ANY WORK ON THE SITE.

(2)      (I) THE PERFORMANCE BOND REQUIRED UNDER PARAGRAPH (1)
OF THIS SUBSECTION SHALL BE IN AN AMOUNT DETERMINED BY THE DEPARTMENT
TO BE NECESSARY TO SECURE AND STABILIZE THE SITE BASED ON THE EXTENT OF
CONTAMINATION AT THE SITE IF THE RESPONSE ACTION PLAN IS NOT COMPLETED.

(II) THE MARKET VALUE OF OTHER SECURITY DEPOSITED UNDER
THIS SECTION MAY NOT BE LESS THAN THE AMOUNT SPECIFIED IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH.

(3)      THE OBLIGATION OF THE BOND FILED UNDER THIS SECTION SHALL
BE VOID UPON THE ISSUANCE OF A CERTIFICATE OF COMPLETION TO THE
PARTICIPANT OR, IF THE PARTICIPANT WITHDRAWS FROM THE PROGRAM, 16
MONTHS AFTER THE DATE OF WITHDRAWAL.

(4)      THE OBLIGATION OF THE PARTICIPANT UNDER THE BOND OR
OTHER SECURITY SHALL BECOME DUE AND PAYABLE UPON NOTIFICATION BY THE
DEPARTMENT THAT ACTIONS MUST BE TAKEN TO FULFILL THE REQUIREMENTS OF
§ 7-512 OF THIS SUBTITLE TO THE EXTENT THE REQUIREMENTS OF § 7-512 OF THIS
SUBTITLE APPLY TO THE PARTICIPANT.

(E)      (1) THE DEPARTMENT MAY ADOPT UNIFORM NUMERIC RISK-BASED
STANDARDS BY REGULATION BASED ON RESIDENTIAL AND INDUSTRIAL USES
UNDER SUBSECTION (B) OF THIS SECTION.

(2) THE DEPARTMENT SHALL REVIEW UNIFORM NUMERIC RISK-BASED
STANDARDS EVERY 4 YEARS AND MAY REVISE THE STANDARDS.

(F)      THIS SECTION MAY NOT BE CONSTRUED TO ELIMINATE OR OTHERWISE
AFFECT ANY OTHER PROVISION OF LAW REQUIRING A PERSON TO REPORT A
RELEASE OR A THREAT OF A RELEASE OF A CONTROLLED HAZARDOUS SUBSTANCE
ON A SITE.

7-509. PUBLIC PARTICIPATION.

(A) UPON SUBMISSION OF A PROPOSED RESPONSE ACTION PLAN, THE
PARTICIPANT:

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