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Session Laws, 2004
Volume 801, Page 363   View pdf image
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ROBERT L. EHRLICH, JR., Governor                              Ch. 73

(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;

(5)     Prevent the Department from taking action against any person who
is responsible for long-term monitoring and maintenance as provided in the response
action plan; or

(6)     Prevent the Department from taking action against any person who
does not comply with conditions on the permissible use of the eligible property
contained in the response action plan approval letter.

(b)     A certificate of completion does not:

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Session Laws, 2004
Volume 801, Page 363   View pdf image
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