PARRIS N. GLENDENING, Governor                                    Ch. 1

(C) THE FAILURE OF THE DEPARTMENT TO ADOPT FINAL REGULATIONS
UNDER THIS SUBTITLE MAY NOT PREVENT THE DEPARTMENT FROM APPROVING A
RESPONSE ACTION PLAN ON AN INDIVIDUAL PLAN BASIS.

7-511. DECISION ON RESPONSE ACTION PLAN AND RESPONSE ACTION PLAN LETTER.

(A)     WITHIN 120 DAYS AFTER THE DEPARTMENT HAS RECEIVED A PROPOSED
RESPONSE ACTION PLAN, THE DEPARTMENT, AFTER CONSIDERING ANY COMMENTS
THE DEPARTMENT HAS RECEIVED UNDER § 7-509 OF THIS SUBTITLE, SHALL NOTIFY
THE PARTICIPANT IN WRITING THAT:

(1)      THE RESPONSE ACTION PLAN HAS BEEN APPROVED; OR

(2)      THE RESPONSE ACTION PLAN HAS BEEN REJECTED AND SHALL
STATE THE MODIFICATIONS IN THE RESPONSE ACTION PLAN THAT ARE NECESSARY
TO RECEIVE THE DEPARTMENT'S APPROVAL.

(B)      (1) (I) IF THE DEPARTMENT NOTIFIES A PARTICIPANT THAT
MODIFICATIONS IN A RESPONSE ACTION PLAN ARE NECESSARY TO RECEIVE THE
DEPARTMENT'S APPROVAL, THE PARTICIPANT MAY RESUBMIT THE PLAN WITHIN 120
DAYS AFTER RECEIPT OF THE DEPARTMENT'S NOTIFICATION.

(II) IF THE PARTICIPANT DOES NOT RESUBMIT THE PLAN WITHIN
120 DAYS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE PARTICIPANT WILL
BE CONSIDERED TO HAVE WITHDRAWN THE PARTICIPANT'S APPLICATION IN
ACCORDANCE WITH § 7-512 OF THIS SUBTITLE.

(2) WITHIN 30 DAYS AFTER RECEIPT OF A RESUBMITTED PLAN UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL NOTIFY THE
PARTICIPANT WHETHER THE PLAN HAS BEEN APPROVED.

(C)     THE RESPONSE ACTION PLAN APPROVAL LETTER SHALL STATE THAT,
SUBJECT TO THE REQUIREMENTS OF § 7-514 OF THIS SUBTITLE:

(1)      NO FURTHER ACTION WILL BE REQUIRED TO ACCOMPLISH THE
OBJECTIVES SET FORTH IN THE APPROVED RESPONSE ACTION PLAN OTHER THAN
THOSE ACTIONS DESCRIBED IN THE APPROVED RESPONSE ACTION PLAN; AND

(2)      THE PARTICIPANT WILL RECEIVE A CERTIFICATE OF COMPLETION
SUBJECT TO THE CONDITIONS AND REQUIREMENTS OF § 7-514(B) OF THIS SUBTITLE
IF:

(I)      THE APPROVED RESPONSE ACTION PLAN IS IMPLEMENTED TO
THE SATISFACTION OF THE DEPARTMENT; AND

(II)     THE RESPONSE ACTION PLAN HAS ACHIEVED THE CLEANUP
CRITERIA.

(D)     A RESPONSE ACTION PLAN APPROVAL LETTER MAY, IF APPLICABLE,
SHALL INCLUDE A LIMITATION ON THE PERMISSIBLE USES OF THE PROPERTY THAT
IS CONSISTENT WITH THE RESPONSE ACTION PLAN.

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