Ch. 2

1997 LAWS OF MARYLAND

(B) THE PURPOSE OF THE VOLUNTARY CLEANUP PROGRAM IS TO:

(1)      ENCOURAGE THE INVESTIGATION OF ELIGIBLE PROPERTIES WITH
KNOWN OR PERCEIVED CONTAMINATION;

(2)      PROTECT PUBLIC HEALTH AND THE ENVIRONMENT WHERE
CLEANUP PROJECTS ARE BEING PERFORMED OR NEED TO BE PERFORMED;

(3)      ACCELERATE CLEANUP OF ELIGIBLE PROPERTIES; AND

(4)      PROVIDE PREDICTABILITY AND FINALITY TO THE CLEANUP OF
ELIGIBLE PROPERTIES.

7-504. VOLUNTARY CLEANUP FUND.

(A)     (1) THERE IS A VOLUNTARY CLEANUP FUND ESTABLISHED AS A
NONLAPSING, REVOLVING SPECIAL FUND.

(2) MONEYS CREDITED AND ANY INTEREST ACCRUED TO THE FUND:

(I)       SHALL REMAIN AVAILABLE UNTIL EXPENDED; AND

(II)     MAY NOT BE REVERTED TO THE GENERAL FUND UNDER ANY
OTHER PROVISION OF LAW.

(B)     ALL APPLICATION FEES AND OTHER MONEYS COLLECTED BY THE
DEPARTMENT UNDER THIS SUBTITLE FROM APPLICANTS IN THE PROGRAM SHALL
BE PAID TO THE VOLUNTARY CLEANUP FUND.

(C)     MONEYS APPROPRIATED, GRANTED, LOANED, OR OTHERWISE PROVIDED
TO THE DEPARTMENT FOR THE SUPPORT OF THE PROGRAM SHALL BE PAID TO THE
VOLUNTARY CLEANUP FUND.

(D)     THE DEPARTMENT MAY USE:

(1)      THE APPLICATION FEES IN THE VOLUNTARY CLEANUP FUND FOR
ACTIVITIES RELATED TO THE REVIEW OF PROPOSED VOLUNTARY CLEANUP
PROJECTS AND THE DIRECT ADMINISTRATIVE OVERSIGHT OF VOLUNTARY
CLEANUP PROJECTS, INCLUDING COST RECOVERY AND PROGRAM DEVELOPMENT;

AND

(2)      ANY MONEYS, OTHER THAN APPLICATION FEES, IN THE
VOLUNTARY CLEANUP FUND FOR ANY ACTIVITIES RELATING TO THE VOLUNTARY
CLEANUP PROGRAM.

7-505. LIABILITY OF INCULPABLE PERSON.

(A) IF THE DEPARTMENT APPROVES AN APPLICANT'S STATUS AS AN
INCULPABLE PERSON UNDER § 7-506(B)(1)(I)1 OF THIS SUBTITLE, THE PARTICIPANT'S
STATUS AS AN INCULPABLE PERSON CONTINUES UPON ACQUIRING AN INTEREST IN
THE ELIGIBLE PROPERTY.

- 38 -