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ROBERT L. EHRLICH, JR., Governor Ch. 494
(I) RECLAMATION FACILITY; OR
(II) DESTINATION FACILITY, AS DEFINED BY THE DEPARTMENT IN
REGULATION.
(3) THE DEPARTMENT MAY DELAY THE REQUIREMENTS OF PARAGRAPH
(2) OF THIS SUBSECTION IF IT DETERMINES THAT IT WILL NOT BE FEASIBLE FOR A
PERSON TO ARRANGE FOR THE FINAL DISPOSITION RECLAMATION OR DESTINATION
OF LAMPS AT RECLAMATION FACILITIES ON THE DATE PROVIDED IN PARAGRAPH (2)
OF THIS SUBSECTION.
(4) (I) UNLESS OTHERWISE PROVIDED UNDER FEDERAL OR STATE
LAW:
(I) AN OWNER OR OPERATOR OF AN INDUSTRIAL OR COMMERCIAL
PROPERTY MAY ASSIGN THE RESPONSIBILITY FOR ENSURING COMPLIANCE WITH
THIS SUBSECTION TO A TENANT WHO IS OTHERWISE RESPONSIBLE FOR
MAINTAINING THE PROPERTY; AND
(II) IF A TENANT IS RESPONSIBLE FOR ENSURING COMPLIANCE
AND FAILS TO COMPLY WITH THIS SUBSECTION, THE OWNER OR OPERATOR OF THE
PROPERTY IS NOT LIABLE FOR THE FAILURE TO COMPLY.
(G) (F) BY OCTOBER JUNE OCTOBER 1, 2005, THE DEPARTMENT SHALL
ADOPT REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION,
INCLUDING THE ESTABLISHMENT OF:
(1) ESTABLISHING STANDARDS FOR THE SIZE, LOCATION, AND
TYPEFACE OF THE LABEL REQUIRED BY THIS SECTION; AND
(2) ESTABLISHING CRITERIA UNDER WHICH A PERSON SUBJECT TO
THIS SECTION MAY BE EXEMPTED FROM THE LABELING AND DISPOSAL
RECLAMATION OR DESTINATION REQUIREMENTS AND LIMITATIONS OF THIS
SECTION; AND
(3) DURING THE COURSE OF A CALENDAR YEAR THE MINIMUM WEIGHT
AND THE MINIMUM NUMBER, AS APPLICABLE, OF MERCURY-ADDED FLUORESCENT
LAMPS THAT SHALL BE REQUIRED FOR A PERSON TO DELIVER THE LAMPS OR
ARRANGE FOR THEIR DELIVERY TO A:
(I) RECLAMATION FACILITY; OR
(II) DESTINATION FACILITY, AS DEFINED BY THE DEPARTMENT IN
REGULATION.
(II) (G) BEFORE ADOPTING A REGULATION UNDER THIS SECTION, THE
DEPARTMENT SHALL CONSULT WITH PERSONS THAT HAVE AN INTEREST IN OR ARE
DIRECTLY IMPACTED BY THE PROPOSED REGULATION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and § 6-905.2(e)(4) of the Environment Article,
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