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PARRIS N. GLENDENING, Governor Ch. 306
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(2) ANNUALLY UPDATING THE LIST SUBMITTED UNDER PARAGRAPH (1)
OF THIS SUBSECTION.
(D) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, THE DEPARTMENT MAY PROVIDE A PERSON, INCLUDING A RESPONSIBLE
PERSON, WITH A LOW-INTEREST LOAN OR GRANT FOR CONDUCTING THE
ENVIRONMENTAL SITE ASSESSMENT OF A POTENTIAL BROWNFIELDS SITE THAT IS
REQUIRED FOR PARTICIPATION IN THE VOLUNTARY CLEANUP PROGRAM IF THE
PERSON:
(I) HAS NOT ALREADY APPLIED TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM UNDER TITLE 7, SUBTITLE 5 OF THE ENVIRONMENT
ARTICLE; ARTICLE, BUT IS OTHERWISE ELIGIBLE TO PARTICIPATE IN THAT
PROGRAM; AND
(II) HAS BEEN CERTIFIED AS AN INCULPABLE PERSON BY THE
DEPARTMENT OF THE ENVIRONMENT IN ACCORDANCE WITH § 7-505.1 OF THE
ENVIRONMENT ARTICLE; AND
(III) (II) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE DEPARTMENT.
(2) (I) IF AN ENVIRONMENTAL ASSESSMENT IS FINANCED IN WHOLE
OR IN PART WITH A GRANT FROM THE DEPARTMENT, OR BY A LOAN THAT IS IN
PAYMENT DEFAULT, THE INFORMATION CONTAINED IN THE ENVIRONMENTAL
ASSESSMENT IS THE PROPERTY OF THE STATE.
(II) IF AN ENVIRONMENTAL ASSESSMENT IS FINANCED BY A LOAN
FROM THE DEPARTMENT, OR BY A GRANT THAT IS REPAID, THE INFORMATION
CONTAINED IN THE ENVIRONMENTAL ASSESSMENT IS THE PROPERTY OF THE
PERSON WHO CONTRACTED FOR THE ASSESSMENT.
(3) ELIGIBILITY FOR FINANCIAL ASSISTANCE FOR ENVIRONMENTAL
ASSESSMENTS UNDER PARAGRAPH (1) OF THIS SUBSECTION DOES NOT CONSTITUTE
ELIGIBILITY FOR ANY OTHER FINANCIAL INCENTIVES UNDER THIS SUBTITLE OR
FOR THE TAX CREDITS PROVIDED UNDER § 9-229 OF THE TAX - PROPERTY ARTICLE.
(2) (4) A RECIPIENT OF A GRANT UNDER PARAGRAPH (1) OF THIS
SUBSECTION MUST REPAY THE GRANT IF THE RECIPIENT, WITHIN 12 MONTHS AFTER
RECEIVING THE GRANT, DOES NOT APPLY TO AND RECEIVE APPROVAL FROM THE
DEPARTMENT OF THE ENVIRONMENT:
(I) TO PARTICIPATE IN THE VOLUNTARY CLEANUP PROGRAM
UNDER TITLE 7, SUBTITLE 5 OF THE ENVIRONMENT ARTICLE; OR
(II) FOR THE IMPLEMENTATION OF A CORRECTIVE ACTION PLAN
UNDER TITLE 4 OF THE ENVIRONMENT ARTICLE.
(5) A LOW-INTEREST LOAN PROVIDED UNDER PARAGRAPH (1) OF THIS
SUBSECTION SHALL CONVERT TO A MARKET RATE LOAN IF THE RECIPIENT OF THE
LOAN, WITHIN 12 MONTHS AFTER RECEIVING THE LOAN, DOES NOT APPLY TO AND
RECEIVE APPROVAL FROM THE DEPARTMENT OF THE ENVIRONMENT:
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- 1837 -
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