PARRIS N. GLENDENING, Governor                                    Ch. 1

(6) PREVENT THE DEPARTMENT FROM TAKING ACTION AGAINST ANY
PERSON WHO DOES NOT COMPLY WITH CONDITIONS ON THE PERMISSIBLE USE OF
THE ELIGIBLE PROPERTY CONTAINED IN THE RESPONSE ACTION PLAN APPROVAL
LETTER.

(B)      A CERTIFICATE OF COMPLETION 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 CERTIFICATE OF COMPLETION 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
EXACERBATION OF EXISTING CONTAMINATION AT AN ELIGIBLE PROPERTY AFTER
A CERTIFICATE OF COMPLETION HAS BEEN ISSUED BY THE DEPARTMENT;

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

(5)      PREVENT THE DEPARTMENT FROM TAKING ACTION AGAINST ANY
PERSON WHO IS RESPONSIBLE FOR LONG-TERM MONITORING AND MAINTENANCE
FOR FAILURE TO COMPLY WITH THE RESPONSE ACTION PLAN;

(6)      PREVENT THE DEPARTMENT FROM TAKING ACTION AGAINST ANY
PERSON WHO DOES NOT COMPLY WITH CONDITIONS ON THE PERMISSIBLE USE OF
THE ELIGIBLE PROPERTY CONTAINED IN THE CERTIFICATE OF COMPLETION; OR

(7)      SUBJECT TO THE PROVISIONS OF § 7-512 OF THIS SUBTITLE, PREVENT
THE DEPARTMENT FROM REQUIRING ANY PERSON TO TAKE FURTHER ACTION IF
THE ELIGIBLE PROPERTY FAILS TO MEET THE APPLICABLE CLEANUP CRITERIA SET
FORTH IN THE RESPONSE ACTION PLAN APPROVED BY THE DEPARTMENT.

(C)     A RESPONSE ACTION PLAN APPROVAL LETTER OR A CERTIFICATE OF
COMPLETION MAY BE TRANSFERRED TO ANY PERSON WHOSE ACTIONS DID NOT
CAUSE OR CONTRIBUTE TO THE CONTAMINATION.

(D)     (1) IF A CERTIFICATE OF COMPLETION IS CONDITIONED ON THE
PERMISSIBLE USE OF THE PROPERTY FOR INDUSTRIAL OR COMMERCIAL PURPOSES,
THE PARTICIPANT SHALL RECORD THE CERTIFICATE OF COMPLETION IN THE LAND
RECORDS OF THE LOCAL JURISDICTION WITHIN 30 DAYS AFTER RECEIVING THE
CERTIFICATE.

(2) IF THE CERTIFICATE OF COMPLETION HAS A CONDITIONED USE
AND THE PARTICIPANT FAILS TO RECORD THE CERTIFICATE OF COMPLETION IN
THE LAND RECORDS IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION,
THE CERTIFICATE OF COMPLETION SHALL BE VOID.

- 21 -