ROBERT L. EHRLICH, JR., Governor                              Ch. 73

(II)     THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
OFFICE WITHIN THE DEPARTMENT FROM WHICH INFORMATION ABOUT THE
APPLICATION MAY BE OBTAINED; AND

(III)   THE TIME PERIOD DURING WHICH THE DEPARTMENT WILL
RECEIVE AND CONSIDER WRITTEN COMMENTS FROM THE PUBLIC.

[(b)] (E) (1) (i) The Department shall notify the applicant in writing,
within [60] 45 days after receipt of the application, whether:

1.       The application, including the applicant's status as a
responsible person or an inculpable person, is approved;

2.       The application is denied or incomplete; or

3.       The Department has no further requirements related to
the investigation of controlled hazardous substances at the eligible property as
provided in paragraph (3) of this subsection.

(ii) If the Department denies the application or determines that the
application is incomplete, the Department shall provide to the applicant the reasons
for its decision in writing.

(2)     (i) An applicant may resubmit an application within 60 days after
receipt of notice of the Department's decision to deny the initial application or
determination that the application is incomplete.

(ii) The Department shall approve or deny a resubmitted or revised
application within 30 days after receipt.

(3)     If the Department notifies the applicant that the Department has no
further requirements at the eligible property in accordance with paragraph (1)(i)3 of
this subsection, the Department shall include a statement that this notice does not:

(i) 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;

(ii) Remain in effect if the notice of no further requirements is
obtained through fraud or a material misrepresentation;

(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.

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