For the purposes of this article, the following terms have the
meanings indicated:
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 substance.
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 of the Maryland Department of Environment; or
B.
Gas, as defined by Md. Code Ann., Environment Art., § 14-102,
as amended; or
C.
Oil, as defined by Md. Code Ann., Environment Art., § 14-102,
as amended; or
D.
Motor fuel, as defined by Md. Code Ann., Business Regulation
Art., § 10-101, as amended; or
F.
"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, injection, escaping, leaching, dumping, or disposing
into the environment of a hazardous substance, in any manner, whether
intentionally, accidentally, or negligently, including, but not limited
to, the abandonment or discarding of barrels, containers, and other
receptacles that contain a hazardous substance. "Release" does not
include a discharge permitted by state or federal law.
RESPONSE
A.
The cleanup of released hazardous substance from the environment;
B.
Such actions as may be necessary to monitor, assess, and evaluate
the release of hazardous substances; and
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 substances 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 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 Department of Emergency Services ("DES");
(2)
Members of volunteer fire and/or ambulance companies at an hourly
rate based on certification levels, established herein, as may be
amended by the County Council from time to time; and
(3)
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;
and
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; or
(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.
C.
One or more persons may each be a responsible person, and each
shall be jointly and severally liable for payment of all response
costs, in full.
Whenever the requirements or provisions of this article are
in conflict with the requirements or provisions of any other law,
the more restrictive requirements shall apply.