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2000 LAWS OF MARYLAND
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Ch. 306
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(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.
(3) (6) THE DEPARTMENT MAY ESTABLISH PROCEDURES AND
ELIGIBILITY REQUIREMENTS FOR THE APPROVAL OF REQUESTS FOR LOANS AND
GRANTS UNDER PARAGRAPH (1) OF THIS SUBSECTION.
(E) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF THE
ENVIRONMENT, SHALL DETERMINE WHETHER THERE IS A FINANCIALLY VIABLE
RESPONSIBLE PERSON OR FINANCIALLY VIABLE PERSON RESPONSIBLE FOR THE
DISCHARGE ASSOCIATED WITH A BROWNFIELDS SITE.
3-905.
This subtitle does not affect, and may not be construed as affecting[,]:
(1) [the] THE planning and zoning authority of a county or municipal
corporation; OR
(2) ANY PROVISION OF THE ENVIRONMENT ARTICLE.
Article—Environment
7-505.1.
(A) THE DEPARTMENT SHALL ESTABLISH A PROCESS TO CERTIFY WHETHER A
PERSON QUALIFIES AS AN INCULPABLE PERSON WHO MAY APPLY FOR A GRANT OR
LOAN IN ACCORDANCE WITH ARTICLE 83A, § 3-902 OF THE CODE FOR CONDUCTING
THE ENVIRONMENTAL SITE ASSESSMENTS NECESSARY FOR PARTICIPATING IN THE
VOLUNTARY CLEANUP PROGRAM UNDER THIS SUBTITLE.
(B) TO SEEK CERTIFICATION AS AN INCULPABLE PERSON, AN APPLICANT
SHALL SUBMIT AN APPLICATION, ON A FORM PROVIDED BY THE DEPARTMENT, THAT
INCLUDES:
(1) INFORMATION DEMONSTRATING THE PERSON'S STATUS AS AN
INCULPABLE PERSON;
(2) INFORMATION DEMONSTRATING THAT THE PROPERTY THAT WOULD
BE THE SUBJECT OF THE ENVIRON MENTAL SITE ASSESSMENT IS AN ELIGIBLE
PROPERTY AS DEFINED IN § 7-501 OF THIS SUBTITLE; AND
(3) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
(C) (1) THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN WRITING,
WITHIN 60 DAYS AFTER RECEIPT OF THE APPLICATION, WHETHER THE APPLICANT
HAS BEEN CERTIFIED AS AN INCULPABLE PERSON.
(2) IF THE DEPARTMENT DENIES THE APPLICATION, THE DEPARTMENT
SHALL PROVIDE TO THE APPLICANT THE REASONS FOR ITS DECISION IN WRITING.
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- 1838 -
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