EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0718*
SENATE BILL 718
M3 3lr0102
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Environment)
Introduced and read first time: February 6, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Voluntary Cleanup Program – Determination and Recordation Deadlines 2
FOR the purpose of altering determination and recordation deadlines for the Voluntary 3
Cleanup Program; and generally relating to the Voluntary Cleanup Program. 4
BY repealing and reenacting, without amendments, 5
Article – Environment 6
Section 7–501(a), (c), (g), (h), (j), (k), and (n) and 7–514(d)(2) 7
Annotated Code of Maryland 8
(2013 Replacement Volume and 2022 Supplement) 9
BY repealing and reenacting, with amendments, 10
Article – Environment 11
Section 7–506(e)(1) and (i)(1), 7–513(a), and 7–514(d)(1) 12
Annotated Code of Maryland 13
(2013 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Environment 17
7–501. 18
(a) In this subtitle the following words have the meanings indicated. 19
(c) “Applicant” means a person who applies to participate in the Voluntary 20
Cleanup Program. 21
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(g) (1) “Eligible property” means property that is contaminated or perceived to 1
be contaminated. 2
(2) “Eligible property” does not include property that is: 3
(i) On the national priorities list under § 105 of the federal act; 4
(ii) Except as provided in paragraph (3)(i) of this subsection, under 5
active enforcement; or 6
(iii) Subject to a controlled hazardous substances permit issued in 7
accordance with this title. 8
(3) (i) “Eligible property” includes a site under active enforcement if: 9
1. All applications filed in connection with the property are 10
filed by inculpable persons; and 11
2. Any response action plan and cleanup criteria approved by 12
the Department under this subtitle is at least as protective of public health and the 13
environment as the requirements of any outstanding active enforcement action. 14
(ii) “Eligible property” includes sites listed on the Superfund 15
Enterprise Management System or t he Comprehensive Environmental Response, 16
Compensation, and Liability Information System. 17
(h) “Federal act” has the meaning stated in § 7–201(j) of this title. 18
(j) (1) “Inculpable person” means a person who: 19
(i) Has no prior or current ownership interest in an eligible property 20
at the time of application to participate in the Voluntary Cleanup Program; and 21
(ii) Has not caused or contributed to contamination at the eligible 22
property at the time of application to participate in the Voluntary Cleanup Program. 23
(2) “Inculpable person” includes: 24
(i) A successor in interest in an eligible property acquired from an 25
inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest 26
does not have a prior ownership interest in the eligible property and, other than by virtue 27
of ownership of the eligible property, is not otherwise a responsible person at the eligible 28
property; and 29
(ii) Notwithstanding paragraph (1)(i) of this subsection, a person 30
who is not considered a responsible person under § 7–201(t)(2) of this title. 31
SENATE BILL 718 3
(k) “Participant” means an applicant accepted into the Voluntary Cleanup 1
Program. 2
(n) “Responsible person” has the meaning stated in § 7–201(t) of this title. 3
7–506. 4
(e) (1) (i) The Department shall notify the applicant in writing, within [45] 5
60 days after receipt of the application, whether: 6
1. The application, including the applicant’s status as a 7
responsible person or an inculpable person, is approved; 8
2. The application is denied or incomplete; or 9
3. The Department has no further requirements related to 10
the investigation of controlled hazardous substances at the eligible property as provided in 11
paragraph (3) of this subsection. 12
(ii) If the Department denies the application or determines that the 13
application is incomplete, the Department shall provide to the applicant the reasons for its 14
decision in writing. 15
(i) (1) If a determination by the Department that it has no further 16
requirements is conditioned on certain uses of the property or on the maintenance of certain 17
conditions, the participant shall record the determination in the land records of the local 18
jurisdiction within [30] 60 days after receiving the determination. 19
7–513. 20
(a) (1) Upon completion of the requirements of the response action plan, the 21
participant shall notify the Department in writing that the response action plan has been 22
completed. 23
(2) Within [30] 60 days after receipt of the notice of completion under 24
paragraph (1) of this subsection: 25
(i) The Department shall review the implementation and 26
completion of the response action plan at the eligible property; and 27
(ii) If the Department determines that the requirements of the 28
response action plan have been completed to the satisfaction of the Department and the 29
response action plan has achieved the cleanup criteria, the Department shall issue a 30
certificate of completion. 31
7–514. 32
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(d) (1) If a certificate of completion is conditioned on the permissible use of the 1
property, the participant shall record the certificate of completion in the land records of the 2
local jurisdiction within [30] 60 days after receiving the certificate. 3
(2) If the certificate of completion has a conditioned use and the participant 4
fails to record the certificate of completion in the land records in accordance with paragraph 5
(1) of this subsection, the certificate of completion shall be void. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2023. 8