This chapter shall hereafter be referred to
as the "Hazardous Materials Chapter."
For the purposes of this chapter, the following
definitions shall be used:
FACILITY
Any buildings, structures, accessory structures, installation,
equipment, pipe or pipeline (including any pipe into a sewer or publicly
owned treatment works), well, pit, lagoon, impoundment, ditch, landfill,
storage container and other stationary items which are located on
a single site or a contiguous or adjacent site which are owned, occupied
or operated by the same person or entity and which manufacture, produce,
use, import, export, store, supply or distribute any hazardous material.
HAZARDOUS SUBSTANCE
A.
Any substance designated pursuant to Section
9601(14) of the Comprehensive Environmental Response, Compensation
and Liability Act of 1980 (CERCLA) [42 U.S.C. § 9601(14)],
as amended, and regulations enacted pursuant thereto, the Environmental
Protection Agency or the Maryland Department of Environment; or
B.
Gas, as defined by Maryland Annotated Code,
Natural Resources Article, § 6-102, as amended; or
C.
Oil, as defined by the Code, Natural Resources
Article, § 6-102, as amended; or
D.
Motor vehicle fuel, as defined by the Code,
Article 56, § 135, as amended; or
E.
Petroleum products, as defined by the Code,
Article 56, § 135, as amended;
G.
"Hazardous substance" does not include fly ash,
bottom ash, slag, and other by-products generated from the combustion
of fossil fuels.
PERSON
An individual, corporation, firm, association, partnership,
joint venture, commercial entity, public utility, trust, estate, public
or private institution, group, agency, political subdivision and any
legal successor, representative or agency of the foregoing.
RELEASE
Any spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping or disposing into
the environment of a hazardous substance, including but not limited
to the abandonment or discarding of barrels, containers and other
receptacles containing a hazardous substance. "Release" does not include
a discharge permitted by state or federal law.
RESPONSE
A.
The cleanup of released hazardous substances
from the environment;
B.
Such actions as may be necessary to monitor,
assess and evaluate the release of hazardous substances; or
C.
The disposal of removed materials.
RESPONSE ACTION
Those actions taken to prevent or minimize the release of
hazardous substances, including but not limited to storage, confinement,
neutralization, cleanup of hazardous substances or associated contaminated
materials, recycling, destruction, perimeter protection, segregation
of reactive wastes, repair or replacement of damaged or leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies and any monitoring reasonably
required to assure that such actions taken protect the public health
and welfare and the environment.
RESPONSE COST
All reasonable and necessary costs incurred to remove, contain,
or otherwise mitigate the effects of a hazardous material incident,
including, but not limited to the following:
A.
Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the response
to the hazardous substance release, at actual cost of replacement.
B.
Rental or leasing of equipment used specifically
for the response; for example, protective equipment or clothing and
scientific and technical equipment.
C.
Replacement costs for equipment that is contaminated
beyond reuse or repair during the response, including, by way of illustration
and not limitation, self-contained breathing apparatus, protective
equipment or clothing and scientific and technical equipment irretrievably
contaminated during the response.
D.
A surcharge related to the depletion of the
useful life of any equipment, materials or supplies with a limited
useful life span.
E.
Decontamination of equipment contaminated during
the response.
F.
Total compensation associated with the response,
including but not limited to benefits (FICA, insurance) for:
(1)
Members of the hazardous material response team.
(2)
Members of volunteer fire and/or ambulance companies
at an hourly rate based on certification levels, established by the
County Council in executive session from time to time. Initially said
rates shall be as follows:
(a)
Technical level personnel: $25 per part of an
hour.
(b)
Operational level: $20 per part of an hour.
(c)
All others: $15 per part of an hour.
(d)
Any contractor, subcontractor or agent.
G.
Special technical services specifically required
for the response; for example, costs associated with the time, equipment
and efforts of technical experts or specialists.
H.
Any tests to determine the physical, chemical
or biological properties of the released items and monitoring the
site and adjoining areas.
I.
Other special services, including but not limited
to utilities specifically required for the response.
J.
Costs associated with the services, including
housing and cost of care, supplies and equipment used to conduct an
evacuation during the response.
K.
Costs associated with the disposal and/or storage
of materials.
L.
Indirect costs such as administrative and legal
costs may be included at a rate not to exceed 20% of the total direct
costs claimed.
RESPONSIBLE PERSON
A.
Any person who:
(1)
Is the owner or operator of a vehicle or a site
containing a hazardous substance.
(2)
At the time of the release of any controlled
hazardous substance, was the operator or owner of any site at which
the hazardous substance was released.
(3)
By contract, agreement or otherwise arranged
for disposal or treatment or arranged with a transporter for transport
for disposal or treatment of a hazardous substance owned or possessed
by such person or by any other party or entity at any site owned or
operated by another party or entity and containing such hazardous
substances.
(4)
Accepts or accepted any hazardous substance
for transport to a disposal or treatment facility or any sites selected
by the person.
B.
"Responsible person" does not include a holder
of a mortgage or deed of trust who acquires title through foreclosure
to a site containing a hazardous substance as the result of a release.
Whenever the requirements or provisions of this
chapter are in conflict with the requirements or provisions of any
other law, the more restrictive requirements shall apply.