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

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
this subsection, Anne Arundel County, MONTGOMERY COUNTY, OR BALTIMORE CITY
may apply to a law court of the county JURISDICTION where the property or any part
of it is located for an order directing that its agent, employee, or assistant be
permitted to enter and remain on the land to the extent necessary to carry out the
purposes authorized by this subsection. The court may require that [Anne Arundel
County] THE APPLYING JURISDICTION post a bond in an amount sufficient to
reimburse any person for damages reasonably estimated to be caused by test borings,
soil tests, and related activities. If any person enters on any private land under the

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