Ch. 2                                       1997 LAWS OF MARYLAND

7-516. APPLICATION OF SUBTITLE.

(A)     THIS SUBTITLE DOES NOT AFFECT, AND MAY NOT BE CONSTRUED AS
AFFECTING, THE PLANNING OR ZONING AUTHORITY OF A COUNTY OR MUNICIPAL
CORPORATION.

(B)     THIS SUBTITLE DOES NOT AFFECT, AND MAY NOT BE CONSTRUED AS
AFFECTING, ANY TORT ACTION AGAINST ANY APPLICANT PARTICIPANT.

Article 83A - Department of Business and Economic Development

SUBTITLE 9. BROWNFIELDS REVITALIZATION INCENTIVE PROGRAM.
3-901. DEFINITIONS.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     (1) "BROWNFIELDS SITE" MEANS:

(I)      AN ELIGIBLE PROPERTY, AS DEFINED IN § 7-501 OF THE
ENVIRONMENT ARTICLE, THAT IS:

1.       OWNED OR OPERATED BY AN INCULPABLE PERSON, AS
DEFINED IN § 7-501 OF THE ENVIRONMENT ARTICLE; AND

2.       LOCATED IN A TAXING JURISDICTION THAT HAS
ELECTED TO PARTICIPATE IN THE BROWNFIELDS REVITALIZATION INCENTIVE
PROGRAM IN ACCORDANCE WITH § 9-109 9-229 OF THE TAX - PROPERTY ARTICLE; OR

(II)     PROPERTY WHERE THERE IS A RELEASE, DISCHARGE, OR
THREATENED RELEASE OF OIL, AS DEFINED IN § 4-401 OF THE ENVIRONMENT
ARTICLE, THAT IS:

1.       SUBJECT TO A CORRECTIVE ACTION PLAN APPROVED BY
THE DEPARTMENT OF THE ENVIRONMENT IN ACCORDANCE WITH TITLE 4 OF THE
ENVIRONMENT ARTICLE; AND

2.       LOCATED IN A TAXING JURISDICTION THAT HAS
ELECTED TO PARTICIPATE IN THE BROWNFIELDS REVITALIZATION INCENTIVE
PROGRAM IN ACCORDANCE WITH § 9-109 9-229 OF THE TAX - PROPERTY ARTICLE.

(2) "BROWNFIELDS SITE" DOES NOT INCLUDE PROPERTY THAT IS
OWNED OR OPERATED BY A RESPONSIBLE PERSON OR A PERSON RESPONSIBLE FOR
THE DISCHARGE.

(C)     "PERSON RESPONSIBLE FOR THE DISCHARGE" HAS THE MEANING STATED
IN § 4-401 OF THE ENVIRONMENT ARTICLE.

(C) (D) "QUALIFIED BROWNFIELDS SITE" MEANS A BROWNFIELDS SITE
THAT HAS BEEN DETERMINED BY THE DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT TO BE ELIGIBLE FOR FINANCIAL INCENTIVES UNDER § 3-903 OF THIS
SUBTITLE.

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