ROBERT L. EHRLICH, JR., Governor

Ch. 73

(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;

(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 HP UNLESS THE
DEPARTMENT CONCLUDES, AFTER REVIEW OF THE PHASE I SITE ASSESSMENT, ANY
PUBLIC COMMENTS SUBMITTED DURING THE PUBLIC COMMENT PERIOD, AND
INFORMATION IN THE DEPARTMENTS FILES, THAT THERE IS SUFFICIENT

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