ROBERT L. EHRLICH, JR., Governor

Ch. 72

(v) 1. An environmental site assessment that includes:

A. 1. [established] ESTABLISHED Phase I [and Phase II]
site assessment standards and follows principles established by the American Society
for Testing and Materials and that demonstrates to the satisfaction of the
Department that the assessment has [adequately investigated all potential sources
and areas of contamination] BEEN CONDUCTED IN ACCORDANCE WITH THOSE
STANDARDS AND PRINCIPLES; AND

B. 2. A PHASE II SITE ASSESSMENT IF UNLESS THE
DEPARTMENT CONCLUDES, AFTER REVIEW OF THE PHASE I SITE ASSESSMENT, THAT
THERE ARE IS SUFFICIENT INFORMATION TO DETERMINE THAT THERE ARE NO
RECOGNIZED ENVIRONMENTAL CONDITIONS, AS DEFINED BY THE AMERICAN
SOCIETY FOR TESTING AND MATERIALS; AND

2. FOR AN APPLICATION FOR A PORTION OF A PROPERTY IN
ACCORDANCE WITH § 7-501(G)(1) OF THIS SUBTITLE, AN ENVIRONMENTAL SITE
ASSESSMENT THAT HAS BEEN CONDUCTED FOR THE ENTIRE PROPERTY; and

(vi) A description, in summary form, of a proposed voluntary
cleanup project that includes the proposed cleanup criteria under § 7-508 of this
subtitle and the proposed future use of the property, if appropriate; and

(2) Pay to the Department:

(I)      [an] AN INITIAL application fee of $6,000[, unless the
Department determines that a lesser fee would be sufficient to cover the costs
described in subsection (d) of this section] WHICH THE DEPARTMENT MAY REDUCE
ON A DEMONSTRATION OF FINANCIAL HARDSHIP IN ACCORDANCE WITH
SUBSECTION (B) OF THIS SECTION; AN©

(II)     AN APPLICATION FEE OF $2,000 FOR EACH APPLICATION
SUBMITTED SUBSEQUENT TO THE INITIAL APPLICATION FOR THE SAME PROPERTY;
AND

(III) AN APPLICATION FEE OF $2,000 FOR EACH APPLICATION
SUBMITTED SUBSEQUENT TO THE INITIAL APPLICATION FOR CONTIGUOUS OR
ADJACENT PROPERTIES THAT ARE PART OF THE SAME PLANNED UNIT
DEVELOPMENT OR A SIMILAR DEVELOPMENT PLAN.

(B)     THE DEPARTMENT SHALL ADOPT REGULATIONS TO ESTABLISH CRITERIA
FOR DETERMINING WHETHER AN APPLICANT'S STATUS FOR A DEMONSTRATION OF
APPLICANT HAS DEMONSTRATED FINANCIAL HARDSHIP.

(C)     (1) THE APPLICANT MAY DELAY SUBMITTING THE PHASE II SITE
ASSESSMENT UNTIL AFTER THE APPLICATION AND APPLICABLE FEES ARE
SUBMITTED.

(2) IF AN APPLICANT DELAYS FILING A PHASE II SITE ASSESSMENT, ALL
RELATED DEADLINES FOR PUBLIC NOTICE AND ACTION BY THE DEPARTMENT SHALL
BE EXTENDED AND CONFORM WITH THE DATE THE PHASE II SITE ASSESSMENT IS
SUBMITTED AND THE APPLICATION IS COMPLETE.

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