ROBERT L. EHRLICH, JR., Governor                             Ch. 466

3. The Department has no further requirements related to
the investigation of controlled hazardous substances at the eligible property as
provided in paragraph (3) of this subsection.

(ii) If the Department denies the application OR DETERMINES THAT
THE APPLICATION IS INCOMPLETE, the Department shall provide to the applicant the
reasons for its decision in writing.

(2)     (i) An applicant may resubmit an application within 60 days after
receipt of notice of the Department's decision to deny the initial application OR
DETERMINATION THAT THE APPLICATION IS INCOMPLETE.

(ii) The Department shall approve or deny a resubmitted OR
REVISED application within 30 days after receipt.

(3)     If the Department notifies the applicant that the Department has no
further requirements at the eligible property in accordance with paragraph (l)(i)3 of
this subsection, the Department shall include a statement that this notice does not:

(i) Subject to the provisions of § 7-505 of this subtitle, prevent the
Department from taking action against any person to prevent or abate an imminent
and substantial endangerment to the public health or the environment at the eligible
property;

(ii) Remain in effect if the notice of no further requirements is
obtained through fraud or a material misrepresentation;

(iii) Affect the authority of the Department to take any action
against a responsible person concerning previously undiscovered contamination at an
eligible property after a no further requirements notice has been issued by the
Department; or

(iv) Affect the authority of the Department to require additional
cleanup for future activities at the site that result in contamination by hazardous
substances.

(d) (1) If the direct costs of review of the application and administration and
oversight of the response action plan exceed [$6,000] THE APPLICATION FEE, the
Department shall require an applicant or participant to pay to the Department the
additional costs incurred by the Department.

(2) If the direct costs of review of the application and administration and
oversight of the response action plan are less than [$6,000] THE APPLICATION FEE,
the Department shall refund to the applicant or participant the difference between
the costs incurred and the application fee.

(F) A DETERMINATION BY THE DEPARTMENT THAT IT HAS NO FURTHER
REQUIREMENTS MAY BE TRANSFERRED TO A SUBSEQUENT PURCHASER OF THE
PROPERTY PROVIDED THAT THE SUBSEQUENT PURCHASER DID NOT CAUSE OR
CONTRIBUTE TO THE CONTAMINATION.

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