Ch. 72                                     2004 LAWS OF MARYLAND

7-505.

(a)     (1) If the Department approves an applicants A PERSON'S status as an
inculpable person under § [7-506(b)(l)(i)1] 7-506(E)(1)(I) of this subtitle, the
participants PERSON'S status as an inculpable person continues upon acquiring an
interest in the eligible property.

(2)      IF THE APPLICANT PERSON MEETS THE REQUIREMENTS OF §
7-506(A) 7-506(A)(1)(I), (II), AND (III) OF THIS SUBTITLE, THE DEPARTMENT SHALL
APPROVE OR DISAPPROVE AN APPLICANT'S THE PERSON'S STATUS AS AN
INCULPABLE PERSON WITHIN 5 BUSINESS DAYS OF RECEIVING:

(I)      A WRITTEN REQUEST FROM THE APPLICANT PERSON FOR AN
EXPEDITED DETERMINATION OF THE APPLICANT'S PERSON'S STATUS AS AN
INCULPABLE PERSON; AND

(II)     A FEE OF $2,000.

(3)      NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THE
DEPARTMENT'S APPROVAL OF A PERSON'S STATUS AS AN INCULPABLE PERSON
EXPIRES IF THE APPLICATION, INCLUDING ANY APPLICABLE FEES, REQUIRED
UNDER THIS SUBTITLE IS NOT FILED WITHIN 6 MONTHS AFTER THE APPROVAL OF A
PERSON'S STATUS AS AN INCULPABLE PERSON.

(b)     Except as provided in subsection (c) of this section, an inculpable person is
not liable for existing contamination at the eligible property.

(c)     An inculpable person shall be liable for:

(1)     New contamination that the person causes or contributes to at the
eligible property; and

(2)     Exacerbation of existing contamination at the eligible property.
7-506.

(a) To participate in the Program, an applicant shall:

(1) Submit an application, on a form provided by the Department, that
includes:

(i) Information demonstrating to the satisfaction of the
Department that the contamination did not result from the applicant knowingly or
willfully violating any law or regulation concerning controlled hazardous substances;

(ii) Information demonstrating the person's status as a responsible
person or an inculpable person;

(iii) Information demonstrating that the property is an eligible
property as defined in § 7-501 of this subtitle;

(iv) A detailed report with all available relevant information on
environmental conditions including contamination at the eligible property known to
the applicant at the time of the application;

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