EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 28, 2023
CHAPTER ______
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
2 SENATE BILL 718
(a) In this subtitle the following words have the meanings indicated. 1
(c) “Applicant” means a person who applies to participate in the Voluntary 2
Cleanup Program. 3
(g) (1) “Eligible property” means property that is contaminated or perceived to 4
be contaminated. 5
(2) “Eligible property” does not include property that is: 6
(i) On the national priorities list under § 105 of the federal act; 7
(ii) Except as provided in paragraph (3)(i) of this subsection, under 8
active enforcement; or 9
(iii) Subject to a controlled hazardous substances permit issued in 10
accordance with this title. 11
(3) (i) “Eligible property” includes a site under active enforcement if: 12
1. All applications filed in connection with the property are 13
filed by inculpable persons; and 14
2. Any response action plan and cleanup criteria approved by 15
the Department under this subtitle is at least as protective of public health and the 16
environment as the requirements of any outstanding active enforcement action. 17
(ii) “Eligible property” includes sites listed on the Superfund 18
Enterprise Management System or the Comprehensive Environmental Response, 19
Compensation, and Liability Information System. 20
(h) “Federal act” has the meaning stated in § 7–201(j) of this title. 21
(j) (1) “Inculpable person” means a person who: 22
(i) Has no prior or current ownership interest in an eligible property 23
at the time of application to participate in the Voluntary Cleanup Program; and 24
(ii) Has not caused or contributed to contamination at the eligible 25
property at the time of application to participate in the Voluntary Cleanup Program. 26
(2) “Inculpable person” includes: 27
(i) A successor in interest in an eligible property acquired from an 28
inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest 29
does not have a prior ownership interest in the eligible property and, other than by virtue 30 SENATE BILL 718 3
of ownership of the eligible property, is not otherwise a responsible person at the eligible 1
property; and 2
(ii) Notwithstanding paragraph (1)(i) of this subsection, a person 3
who is not considered a responsible person under § 7–201(t)(2) of this title. 4
(k) “Participant” means an applicant accepted into the Voluntary Cleanup 5
Program. 6
(n) “Responsible person” has the meaning stated in § 7–201(t) of this title. 7
7–506. 8
(e) (1) (i) The Department shall notify the applicant in writing, within [45] 9
60 days after receipt of the application, whether: 10
1. The application, including the applicant’s status as a 11
responsible person or an inculpable person, is approved; 12
2. The application is denied or incomplete; or 13
3. The Department has no further requirements related to 14
the investigation of controlled hazardous substances at the eligible property as provided in 15
paragraph (3) of this subsection. 16
(ii) If the Department denies the application or determines that the 17
application is incomplete, the Department shall provide to the applicant the reasons for its 18
decision in writing. 19
(i) (1) If a determination by the Department th at it has no further 20
requirements is conditioned on certain uses of the property or on the maintenance of certain 21
conditions, the participant shall record the determination PROVIDE WRITTEN EVID ENCE 22
TO THE DEPARTMENT THAT THE D ETERMINATION WAS PRE SENTED FOR 23
RECORDATION in the land records of the local jurisdiction within [30] 60 days after 24
receiving the determination. 25
7–513. 26
(a) (1) Upon completion of the requirements of the response action plan, the 27
participant shall notify the Department in writing that the response action plan has been 28
completed. 29
(2) Within [30] 60 days after receipt of the notice of completion under 30
paragraph (1) of this subsection: 31
4 SENATE BILL 718
(i) The Department shall review the implementation and 1
completion of the response action plan at the eligible property; and 2
(ii) If the Department determines that the requirements of the 3
response action plan have been completed to the satisfaction of the Department and the 4
response action plan has achieved the cleanup criteria, the Department shall issue a 5
certificate of completion. 6
7–514. 7
(d) (1) If a certificate of completion is conditioned on the permissible use of the 8
property, the participant shall record the certificate of completion PROVIDE WRITTEN 9
EVIDENCE TO THE DEPARTMENT THAT THE CERTIFICATE OF COMPL ETION WAS 10
PRESENTED FOR RECORD ATION in the land records of the local jurisdiction within [30] 11
60 days after receiving the certificate. 12
(2) If the certificate of completion has a conditioned use and the participant 13
fails to record the certificate of completion in the land records in accordance with paragraph 14
(1) of this subsection, the certificate of completion shall be void. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2023. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.