ROBERT L. EHRLICH, JR., Governor                               Ch. 72

(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.

(4)      THE NO FURTHER REQUIREMENTS NOTICE SHALL PROVIDE THE
SAME LIABILITY PROTECTIONS AS PROVIDED IN § 7-513(B)(3) AND (4) OF THIS
SUBTITLE.

(5)      THE PARTICIPANT AND ANY SUCCESSORS IN INTEREST IN A
PROPERTY SUBJECT TO A NO FURTHER REQUIREMENTS NOTICE SHALL CONTINUE
TO BE PROTECTED FROM LIABILITY IN THE EVENT OF ANY VIOLATION OF THE
CONDITIONS PLACED ON THE USE OF THE PROPERTY, PROVIDED THAT THE
PARTICIPANT AND ANY SUCCESSORS IN INTEREST DID NOT CAUSE OR CONTRIBUTE
TO THE VIOLATION.

[(c)] (F) (1) The Department shall deny an application if:

(i) The applicant is not an eligible applicant;

(ii) The property is not an eligible property; or

(iii) The property was initially contaminated by a release of
hazardous substances after October 1, 1997 unless:

1.       The property is acquired by an inculpable person; or

2.       The contamination was caused by an act of God.

(2) For the purposes of paragraph (1) (iii) of this subsection, any property
identified in the Comprehensive Environmental Response, Compensation, and
Liability Information System in accordance with the federal act as of October 1, 1997
is presumed to have been initially contaminated on or before October 1, 1997.

[(d) (1) If the direct costs of review of the application and administration and
oversight of the response action plan exceed 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 the application fee, the
Department shall refund to the applicant or participant the difference between the
costs incurred and the application fee.

(e)] (G) (1) Within 30 days after receiving notification of approval of an
application, a participant shall inform the Department in writing whether the
participant intends to proceed or withdraw from the Program.

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