Ch. 1

1997 LAWS OF MARYLAND

7-512. WITHDRAWAL PROVISIONS; FAILURE TO COMPLY WITH SCHEDULE.

(A)     EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS SECTION, A
PARTICIPANT MAY WITHDRAW AN APPLICATION OR RESPONSE ACTION PLAN AT
ANY TIME UNDER THE PROGRAM, INCLUDING FROM THE PROGRAM AT THE TIME
OF A PENDING APPLICATION OR RESPONSE ACTION PLAN, OR AFTER RECEIVING A
CERTIFICATE OF COMPLETION, AND MAY NOT BE OBLIGATED TO COMPLETE AN
APPLICATION OR A RESPONSE ACTION PLAN IF THE PARTICIPANT:

(1)      PROVIDES 10 DAYS WRITTEN NOTICE OF THE ANTICIPATED
WITHDRAWAL TO THE DEPARTMENT;

(2)      STABILIZES AND SECURES THE ELIGIBLE PROPERTY TO THE
SATISFACTION OF THE DEPARTMENT TO ENSURE PROTECTION OF THE PUBLIC
HEALTH AND THE ENVIRONMENT; AND

(3)      FORFEITS ANY EXPENDED APPLICATION AND OVERSIGHT FEES.

(B)      (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, AN
INCULPABLE PERSON WHO WITHDRAWS FROM THE PROGRAM MAY NOT BE
REQUIRED BY THE DEPARTMENT TO CLEANUP THE ELIGIBLE PROPERTY.

(2) IF AN INCULPABLE PERSON WITHDRAWS FROM THE PROGRAM, THE
INCULPABLE PERSON SHALL BE LIABLE FOR NEW CONTAMINATION OR THE
EXACERBATION OF EXISTING CONTAMINATION AT THE ELIGIBLE PROPERTY AS
PROVIDED IN § 7-505 OF THIS SUBTITLE.

(C)      IF A RESPONSIBLE PERSON WITHDRAWS FROM THE PROGRAM, THE
DEPARTMENT MAY TAKE ANY APPLICABLE ENFORCEMENT ACTION AUTHORIZED
UNDER THIS TITLE.

(D)     IF A PARTICIPANT FAILS TO MEET THE SCHEDULE FOR IMPLEMENTATION
AND COMPLETION OF THE RESPONSE ACTION PLAN THAT IS SET FORTH IN THE
PLAN, THE DEPARTMENT MAY:

(1)      REACH AN AGREEMENT WITH THE PARTICIPANT TO REVISE THE
SCHEDULE OF COMPLETION IN THE RESPONSE ACTION PLAN; OR

(2)      IF AN AGREEMENT CANNOT BE REACHED UNDER PARAGRAPH (1)
OF THIS SUBSECTION, WITHDRAW APPROVAL OF THE RESPONSE ACTION PLAN.

(E)      (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF
THE DEPARTMENT WITHDRAWS APPROVAL OF AN INCULPABLE PERSON'S RESPONSE
ACTION PLAN UNDER SUBSECTION (B)(2) (D)(2) OF THIS SECTION, THE INCULPABLE
PERSON MAY NOT BE REQUIRED BY THE DEPARTMENT TO COMPLETE THE
RESPONSE ACTION PLAN.

(2) IF THE DEPARTMENT WITHDRAWS APPROVAL OF AN INCULPABLE
PERSON'S RESPONSE ACTION PLAN UNDER SUBSECTION (B)(2) (D)(2) OF THIS
SECTION, THE INCULPABLE PERSON:

(I) SHALL STABILIZE AND SECURE THE ELIGIBLE PROPERTY TO
ENSURE PROTECTION OF THE PUBLIC HEALTH AND THE ENVIRONMENT; AND

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