PARRIS N. GLENDENING, Governor                                    Ch. 1

(III) SUBJECT TO A CONTROLLED HAZARDOUS SUBSTANCES
PERMIT ISSUED IN ACCORDANCE WITH TITLE 7 OF THIS ARTICLE.

(3) "ELIGIBLE PROPERTY" INCLUDES SITES LISTED ON THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
INFORMATION SYSTEM.

(H) "FEDERAL ACT" HAS THE MEANING STATED IN § 7-201(K) OF THIS TITLE.

(I) "IMMINENT AND SUBSTANTIAL ENDANGERMENT" MEANS A RELEASE OR
THREATENED RELEASE OF A HAZARDOUS SUBSTANCE THAT MAY POSE A RISK OF
SIGNIFICANT HARM TO THE PUBLIC HEALTH OR THE ENVIRONMENT AT SOME
FORESEEABLE TIME IN THE FUTURE AND IS NOT LIMITED TO AN EMERGENCY
SITUATION.

(J) (1) "INCULPABLE PERSON" MEANS A PERSON WHO:

(I)       HAS NO PRIOR OR CURRENT OWNERSHIP INTEREST IN AN
ELIGIBLE PROPERTY AT THE TIME OF APPLICATION TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM; AND

(II)     HAS NOT CAUSED OR CONTRIBUTED TO CONTAMINATION AT
THE ELIGIBLE PROPERTY AT THE TIME OF APPLICATION TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM.

(2) "INCULPABLE PERSON" INCLUDES A SUCCESSOR IN INTEREST IN AN
ELIGIBLE PROPERTY ACQUIRED FROM AN INCULPABLE PERSON, AS DEFINED IN
PARAGRAPH (1) OF THIS SUBSECTION, IF THE SUCCESSOR IN INTEREST DOES NOT
HAVE A PRIOR OWNERSHIP INTEREST IN THE ELIGIBLE PROPERTY AND, OTHER
THAN BY VIRTUE OF OWNERSHIP OF THE ELIGIBLE PROPERTY, IS NOT OTHERWISE A
RESPONSIBLE PERSON AT THE ELIGIBLE PROPERTY.

(K) "PARTICIPANT" MEANS AN APPLICANT ACCEPTED INTO THE VOLUNTARY
CLEANUP PROGRAM.

(L) "PREVIOUSLY           UNDISCOVERED           CONTAMINATION"           MEANS

CONTAMINATION AT AN ELIGIBLE PROPERTY WHICH WAS NOT IDENTIFIED OR
ADDRESSED IN A NOTICE OF NO FURTHER REQUIREMENTS OR RESPONSE ACTION
PLAN.

(M) "PROGRAM" MEANS THE VOLUNTARY CLEANUP PROGRAM ESTABLISHED
UNDER THIS SUBTITLE.

(N) "RESPONSIBLE PERSON" HAS THE MEANING STATED IN § 7-201(X) OF THIS
TITLE.

7-502. AUTHORITY OF DEPARTMENT.

(A) IN ADDITION TO THE POWERS SET FORTH ELSEWHERE IN THIS ARTICLE,
THE DEPARTMENT MAY:

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