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Session Laws, 2004
Volume 801, Page 348   View pdf image
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Ch. 72                                     2004 LAWS OF MARYLAND

REMAINDER OF THE PROPERTY REPRESENTS AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO PUBLIC HEALTH OR THE ENVIRONMENT.

7-511.

(a) Within [120] 75 days after the Department has received a proposed
response action plan, the Department, after considering any comments the
Department has received under § 7-509 of this subtitle, shall notify the participant in
writing that:

(1)     The response action plan has been approved; or

(2)     The response action plan has been rejected and shall state the
modifications in the response action plan that are necessary to, receive the
Department's approval.

7-512.

(a) Except as provided in subsections (b) and (c) of this section, a participant
may withdraw from the Program at the time of a pending application or response
action plan, or after receiving a certificate of completion, and may not be obligated to
complete an application or a response action plan if the participant:

(1)     Provides 10 days written notice of the anticipated withdrawal to the
Department;

(2)     Stabilizes and secures the eligible property to the satisfaction of the
Department to ensure protection of the public health and the environment; and

(3)     Forfeits any [expended] application [and oversight] fees.
7-514.

(a) A response action plan approval letter does not:

(1)     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;

(2)     Remain in effect if the response action plan approval letter is
obtained through fraud or a material misrepresentation;

(3)     Affect the authority of the Department to take any action against any
person concerning new contamination or the exacerbation of existing contamination
at an eligible property after a response action plan approval letter has been issued by
the Department;

(4)     Affect the authority of the Department to take any action against a
responsible person concerning previously undiscovered contamination at an eligible
property after a response action plan approval letter has been issued by the
Department;

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Session Laws, 2004
Volume 801, Page 348   View pdf image
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