Ch. 1

1997 LAWS OF MARYLAND

[(5)](6) (i) For purposes of paragraph (2)(iii), (iv), (v), and (vi) of this
subsection, "management" means directing or controlling operations, production or
treatment of a hazardous substance, storage or disposal of a hazardous substance, or
remediation of a hazardous substance release.

(ii) "Management" does not include rendering advice on financial
matters, rendering financial assistance, or actions taken to protect or secure the site or
property located on the site if the advice, assistance, or actions do not involve the
treatment, storage, or disposal of a hazardous substance or remediation of a hazardous
substance release.

SUBTITLE 5. VOLUNTARY CLEANUP PROGRAM.
7-501. DEFINITIONS.

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

(B)     (1) "ACTIVE ENFORCEMENT" MEANS AFTER THE DEPARTMENT HAS
ISSUED A NOTICE OF VIOLATION, ORDER, CONSENT ORDER, OR OTHER
ENFORCEMENT ACTION OF THE DEPARTMENT AND UNTIL COMPLETION OF
ACTIVITIES REQUIRED BY THAT ACTION.

(2) FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION, "OTHER
ENFORCEMENT ACTION" DOES NOT INCLUDE A SITE COMPLAINT.

(C)     "APPLICANT" MEANS A PERSON WHO APPLIES TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM.

(D)     "BACKGROUND LEVEL" MEANS THE LEVEL OF A SUBSTANCE OCCURRING
NATURALLY AT THE SITE PRIOR TO ANY MANMADE SPILL OR RELEASE.

(E)     "CONTAMINATION" MEANS A RELEASE, DISCHARGE, OR THREATENED
RELEASE OF A CONTROLLED HAZARDOUS SUBSTANCE, AS DEFINED IN § 7-201 OF
THIS TITLE.

(F)     "ELIGIBLE APPLICANT" MEANS:

(1)     A RESPONSIBLE PERSON WHO HAS NOT KNOWINGLY OR WILLFULLY
VIOLATED ANY LAW OR REGULATION CONCERNING CONTROLLED HAZARDOUS
SUBSTANCES; OR

(2)     AN INCULPABLE PERSON.

(G)     (1) "ELIGIBLE PROPERTY" MEANS PROPERTY THAT IS CONTAMINATED
OR PERCEIVED TO BE CONTAMINATED.

(2) "ELIGIBLE PROPERTY" DOES NOT INCLUDE PROPERTY THAT IS:

(I)      ON THE NATIONAL PRIORITIES LIST UNDER § 105 OF THE
FEDERAL ACT;

(II)     UNDER ACTIVE ENFORCEMENT; OR

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