Ch. 1

1997 LAWS OF MARYLAND

(3)      THE DEPARTMENT MAY NOT BRING AN ENFORCEMENT ACTION
AGAINST THE PARTICIPANT AT THE ELIGIBLE PROPERTY; AND

(4)      THE PARTICIPANT:

(I)       IS RELEASED FROM FURTHER LIABILITY FOR THE
REMEDIATION OF THE ELIGIBLE PROPERTY UNDER THIS TITLE FOR ANY
CONTAMINATION IDENTIFIED IN THE ENVIRONMENTAL SITE ASSESSMENT; AND

(II)     MAY NOT BE SUBJECT TO A CONTRIBUTION ACTION
INSTITUTED BY A RESPONSIBLE PERSON.

(C)     WITHIN 10 DAYS AFTER THE ISSUANCE OF A CERTIFICATE OF
COMPLETION, THE DEPARTMENT SHALL SEND A COPY OF THE CERTIFICATE OF
COMPLETION TO THE DIRECTOR OF THE DEPARTMENT OF ASSESSMENTS AND
TAXATION.

(D)     A REQUIREMENT FOR LONG-TERM MONITORING AND MAINTENANCE IN
THE APPROVED RESPONSE ACTION PLAN MAY NOT DELAY THE ISSUANCE OF THE
CERTIFICATE OF COMPLETION UNDER SUBSECTION (A) OF THIS SECTION.

7-514. EFFECT OF RESPONSE ACTION PLAN APPROVAL LETTER AND CERTIFICATE OF
COMPLETION ON DEPARTMENT'S AUTHORITY AND PARTICIPANT'S LIABILITY.

(A) A RESPONSE ACTION PLAN APPROVAL LETTER DOES NOT:

(1)      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;

(2)      REMAIN IN EFFECT IF THE RESPONSE ACTION PLAN APPROVAL
LETTER IS OBTAINED THROUGH FRAUD OR A MATERIAL MISREPRESENTATION;

(3)      AFFECT THE AUTHORITY OF THE DEPARTMENT TO TAKE ANY
ACTION AGAINST ANY PERSON CONCERNING NEW CONTAMINATION OR THE
EXACERBATION OF EXISTING CONTAMINATION AT AN ELIGIBLE PROPERTY AFTER
A RESPONSE ACTION PLAN APPROVAL LETTER HAS BEEN ISSUED BY THE
DEPARTMENT;

(4)      AFFECT THE AUTHORITY OF THE DEPARTMENT TO TAKE ANY
ACTION AGAINST A RESPONSIBLE PERSON CONCERNING PREVIOUSLY
UNDISCOVERED CONTAMINATION AT AN ELIGIBLE PROPERTY AFTER A RESPONSE
ACTION PLAN APPROVAL LETTER HAS BEEN ISSUED BY THE DEPARTMENT;

(5)      PREVENT THE DEPARTMENT FROM TAKING ACTION AGAINST ANY
PERSON WHO AGREES TO PERFORM THE IS RESPONSIBLE FOR LONG-TERM
MONITORING AND MAINTENANCE AS PROVIDED IN THE RESPONSE ACTION PLAN;
OR

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