Ch. 2

1997 LAWS OF MARYLAND

(IV)    AN ADDRESS TO WHICH PERSONS MAY SUBMIT WRITTEN
COMMENTS ABOUT THE PROPOSED RESPONSE ACTION PLAN OR REQUEST A PUBLIC
INFORMATIONAL MEETING; AND

(V)     A DEADLINE FOR THE CLOSE OF THE PUBLIC COMMENT
PERIOD BY WHICH WRITTEN COMMENTS OR REQUESTS FOR A PUBLIC
INFORMATIONAL MEETING MUST BE RECEIVED BY THE DEPARTMENT; AND

(2) SHALL POST AT THE ELIGIBLE PROPERTY A NOTICE OF INTENT TO
CONDUCT A RESPONSE ACTION PLAN AT THAT PROPERTY.

(B)     THE DEPARTMENT SHALL RECEIVE WRITTEN COMMENTS FROM THE
PUBLIC FOR 30 DAYS AFTER PUBLICATION AND POSTING REQUIRED UNDER THIS
SECTION.

(C)     THE DEPARTMENT SHALL HOLD A PUBLIC INFORMATIONAL MEETING ON
THE PROPOSED RESPONSE ACTION PLAN AT THE PARTICIPANT'S EXPENSE WITHIN 30
DAYS AFTER THE DEPARTMENT RECEIVES A WRITTEN REQUEST FOR A MEETING
FROM THE APPLICANT OR THE PUBLIC.

7-510. STANDARDS FOR APPROVAL OF RESPONSE ACTION PLAN.

(A)     THE DEPARTMENT SHALL APPROVE A RESPONSE ACTION PLAN IF THE
DEPARTMENT DETERMINES THAT THE RESPONSE ACTION PLAN PROTECTS PUBLIC
HEALTH AND THE ENVIRONMENT.

(B)      IN MAKING A DETERMINATION AS TO WHETHER THE CRITERIA
SELECTED BY THE PARTICIPANT AND REMEDIAL ACTIONS IN A PROPOSED
RESPONSE ACTION PLAN PROTECT PUBLIC HEALTH AND THE ENVIRONMENT, THE
DEPARTMENT SHALL CONSIDER WHETHER THE ELIGIBLE PROPERTY IS:

(1)      LOCATED IN AN INDUSTRIAL AREA AND USED FOR INDUSTRIAL
PURPOSES;

(2)      LOCATED IN A RESIDENTIAL AREA AND USED FOR INDUSTRIAL
PURPOSES; OR

(3)      LOCATED IN A RESIDENTIAL AREA AND USED FOR RESIDENTIAL
PURPOSES OR OTHER PURPOSES THAT REQUIRE UNLIMITED PUBLIC ACCESS.

(C)     THE FAILURE OF THE DEPARTMENT TO ADOPT FINAL REGULATIONS
UNDER THIS SUBTITLE MAY NOT PREVENT THE DEPARTMENT FROM APPROVING A
RESPONSE ACTION PLAN ON AN INDIVIDUAL PLAN BASIS.

7-511. DECISION ON RESPONSE ACTION PLAN AND RESPONSE ACTION PLAN LETTER.

(A) WITHIN 120 DAYS AFTER THE DEPARTMENT HAS RECEIVED A PROPOSED
RESPONSE ACTION PLAN, THE DEPARTMENT, AFTER CONSIDERING ANY COMMENTS
THE DEPARTMENT HAS RECEIVED UNDER § 7-509 OF THIS SUBTITLE, SHALL NOTIFY
THE PARTICIPANT IN WRITING THAT:

(1) THE RESPONSE ACTION PLAN HAS BEEN APPROVED; OR

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