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Ch. 191
2004 LAWS OF MARYLAND
hazards, nuisances, and pollution, the Department may release the security filed or
deposited under this section before the end of the 5-year period specified in
paragraph (1)(ii) of this subsection.]
(g) (1) The obligation of the holder of a permit for a landfill, incinerator, or
transfer station and of any corporate surety under the bond shall become due and
payable and any cash, securities, or bond proceeds shall be applied to payment of the
costs of properly closing a landfill, incinerator, or transfer station only if the
Department:
(i) Notifies the permit holder and any corporate surety on the bond
that the landfill, incinerator, or transfer station has not been closed in a manner that
prevents erosion, health and safety hazards, nuisances, and pollution;
(ii) Specifies in the notice the deficiencies in the closing that must
be corrected;
(iii) Gives the permit holder and the corporate surety a reasonable
opportunity to correct the deficiencies and to close the landfill, incinerator, or transfer
station in accordance with the regulations of the Department; and
(iv) Authorizes the local governing body to close the landfill,
incinerator, or transfer station in accordance with the regulations of the Department.
(2) The local governing body shall use bond proceeds, cash, or the
proceeds of other security to pay the cost of properly closing the landfill, incinerator,
or transfer station.
9-215.
(a) When landfill operations end, the holder of a permit issued under this
subtitle for a landfill system shall close and cover all of the land for which the permit
was issued in a manner that prevents:
(1) Erosion;
(2) Health and safety hazards;
(3) Nuisances; and
(4) Pollution.
(B) (1) THE DEPARTMENT SHALL HAVE ACCESS TO THE LAND ON WHICH
LANDFILL OPERATIONS HAVE ENDED TO MAKE PERIODIC GROUNDWATER
MONITORING AND HEALTH AND SAFETY INSPECTIONS OF THE CAPPING AND
CLOSURE FOR A PERIOD OF 10 YEARS BEYOND THE 10 YEAR POSTCLOSURE
MONITORING TERM.
(2) IF THE LANDFILL IS SOLD AT ANY TIME DURING THE POSTCLOSURE
PERIOD, THE NEW OWNER SHALL PROVIDE ACCESS TO THE DEPARTMENT FOR
MONITORING AND HEALTH AND SAFETY INSPECTIONS OF THE CAPPING AND
CLOSURE.
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