Ch. 1                                       1997 LAWS OF MARYLAND

APPROVED BY THE DEPARTMENT UNDER THIS SUBTITLE PROVIDED THAT THE
HOLDER COMPLIES WITH THE REQUIREMENTS, PROHIBITIONS, AND CONDITIONS OF

THE PLAN;

(III)   SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A LENDER
WHO EXTENDS CREDIT FOR THE PERFORMANCE OF REMOVAL OR REMEDIAL
ACTIONS CONDUCTED IN ACCORDANCE WITH REQUIREMENTS IMPOSED UNDER
THIS TITLE WHO:

1.       HAS NOT CAUSED OR CONTRIBUTED TO A DISCHARGE OF

OIL; AND

2.       PREVIOUS TO EXTENDING THAT CREDIT, IS NOT A
PERSON RESPONSIBLE FOR THE DISCHARGE AT THE SITE; OR

(IV)   SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION, A LENDER
WHO TAKES ACTION TO PROTECT OR PRESERVE A MORTGAGE OR DEED OF TRUST
ON A SITE OR A SECURITY INTEREST IN PROPERTY LOCATED ON A SITE AT WHICH A
DISCHARGE OF OIL HAS OCCURRED, BY STABILIZING, CONTAINING, REMOVING, OR
PREVENTING THE DISCHARGE OF OIL IN A MANNER THAT DOES NOT CAUSE OR
CONTRIBUTE TO A DISCHARGE OF OIL IF:

1.       THE LENDER PROVIDES ADVANCE WRITTEN NOTICE OF
ITS ACTIONS TO THE DEPARTMENT OR IN THE EVENT OF AN EMERGENCY IN WHICH
ACTION IS REQUIRED WITHIN 2 HOURS, PROVIDES NOTICE BY TELEPHONE;

2.       THE LENDER, PREVIOUS TO TAKING THE ACTION, IS NOT
A PERSON RESPONSIBLE FOR THE DISCHARGE AT THE SITE; AND

3.       THE ACTION DOES NOT VIOLATE A PROVISION OF THIS

ARTICLE.

(3) A LENDER TAKING ACTION TO PROTECT OR PRESERVE A
MORTGAGE OR DEED OF TRUST OR SECURITY INTEREST IN PROPERTY LOCATED ON
A SITE, WHO CAUSES OR CONTRIBUTES TO A DISCHARGE OF OIL SHALL BE LIABLE
SOLELY FOR COSTS INCURRED IN RESPONSE TO THE DISCHARGE WHICH THE
LENDER CAUSED OR TO WHICH THE LENDER CONTRIBUTED UNLESS THE LENDER
WAS A PERSON RESPONSIBLE FOR THE DISCHARGE BEFORE ACQUIRING A
MORTGAGE, DEED OF TRUST, OR SECURITY INTEREST IN THE SITE OR PROPERTY
LOCATED ON THE SITE.

(L) "LENDER" MEANS A PERSON WHO IS:

(1)     A HOLDER OF A MORTGAGE OR DEED OF TRUST ON A SITE OR A
SECURITY INTEREST IN PROPERTY LOCATED ON A SITE; OR

(2)     A HOLDER OF A MORTGAGE OR DEED OF TRUST WHO ACQUIRES
TITLE THROUGH FORECLOSURE OR DEED IN LIEU OF FORECLOSURE.

7-201.

(N-1) "LENDER" MEANS A PERSON WHO IS:

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