Ch. 72

2004 LAWS OF MARYLAND

(3) (I) IF A CERTIFICATE OF COMPLETION IS CONDITIONED ON THE
PERMISSIBLE USE OF THE PROPERTY, THE PARTICIPANT SHALL SEND A COPY OF THE
CERTIFICATE OF COMPLETION TO A ONE-CALL SYSTEM, AS DEFINED IN § 12-101 OF
THE PUBLIC UTILITY COMPANIES ARTICLE.

(II) ANY OBLIGATION FOR THE PARTICIPANT TO SEND THE
INFORMATION REQUIRED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT
NEGATE THE OBLIGATION OF AN OWNER AS DEFINED UNDER § 12-101(F) OF THE
PUBLIC UTILITY COMPANIES ARTICLE TO BECOME A MEMBER OF THE ONE-CALL
SYSTEM UNDER TITLE 12 OF THE PUBLIC UTILITY COMPANIES ARTICLE.

(e)     Subject to the provisions of § 7-516(a) of this subtitle, if an owner of an
eligible property that has limited permissible uses wants to change the use of the
eligible property, the owner, subject to approval by the Department, is responsible for
the cost of cleaning up the eligible property to the appropriate standard.

(F) THE PARTICIPANT AND ANY SUCCESSORS IN INTEREST IN A PROPERTY
SUBJECT TO A CERTIFICATE OF COMPLETION 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.

7-515.

(A)     The provisions of §§ 7-256 through 7-268 of this title shall be used and
shall apply to enforce violations of:

(1)     This subtitle; or

(2)     Any regulation adopted under this subtitle.

(B)     ANY ACTION TAKEN BY THE DEPARTMENT UNDER THIS SUBTITLE AT A
SITE UNDER ACTIVE ENFORCEMENT MAY NOT:

(1)     NEGATE THE TERMS AND CONDITIONS OF ANY OUTSTANDING
ACTIVE ENFORCEMENT ORDER, DECREE, JUDGMENT, PERMIT, OR OTHER DOCUMENT
THAT ADDRESSES ENVIRONMENTAL CONTAMINATION AT THE SITE; OR

(2)      RELIEVE ANY PERSON WHO IS THE SUBJECT OF AN ACTIVE
ENFORCEMENT ACTION FROM LIABILITY FOR PENALTIES UNDER THE
ENFORCEMENT ACTION.

Article - Real Property

12-111.

(f)      In Anne Arundel County, MONTGOMERY COUNTY, OR BALTIMORE CITY, an
agent or employee, or one or more assistants of the county JURISDICTION, after real
and bona fide effort to notify the occupant or the owner, if the land is unoccupied or if
the occupant is not the owner, may enter on any private land to make test borings and
soil tests and obtain information related to such tests for the purpose of determining
the possibility of public use of the property. If an agent, employee, or assistant is
refused permission to enter or remain on any private land for the purposes set out in

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