Ch. 73                                     2004 LAWS OF MARYLAND

(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 certificate of completion 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 exacerbation of existing contamination at an
eligible property after a certificate of completion 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 certificate of completion 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 for failure to comply with
the response action plan;

(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 certificate of completion; or

(7)     Subject to the provisions of § 7-512 of this subtitle, prevent the
Department from requiring any person to take further action if the eligible property
fails to meet the applicable cleanup criteria set forth in the response action plan
approved by the Department.

(c)     A response action plan approval letter or a certificate of completion may be
transferred to any person whose actions did not cause or contribute to the
contamination.

(d)     (1) If a certificate of completion is conditioned on the permissible use of
the property [for industrial or commercial purposes], the participant shall record the
certificate of completion in the land records of the local jurisdiction within 30 days
after receiving the certificate.

(2)     If the certificate of completion has a conditioned use and the
participant fails to record the certificate of completion in the land records in
accordance with paragraph (1) of this subsection, the certificate of completion shall be
void.

(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

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