WES MOORE, Governor Ch. 65
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Chapter 65
(Senate Bill 718)
AN ACT concerning
Voluntary Cleanup Program – Determination and Recordation Deadlines
FOR the purpose of altering determination and recordation deadlines for the Voluntary
Cleanup Program; and generally relating to the Voluntary Cleanup Program.
BY repealing and reenacting, without amendments,
Article – Environment
Section 7–501(a), (c), (g), (h), (j), (k), and (n) and 7–514(d)(2)
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 7–506(e)(1) and (i)(1), 7–513(a), and 7–514(d)(1)
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
7–501.
(a) In this subtitle the following words have the meanings indicated.
(c) “Applicant” means a person who applies to participate in the Voluntary
Cleanup Program.
(g) (1) “Eligible property” means property that is contaminated or perceived to
be contaminated.
(2) “Eligible property” does not include property that is:
(i) On the national priorities list under § 105 of the federal act;
(ii) Except as provided in paragraph (3)(i) of this subsection, under
active enforcement; or
(iii) Subject to a controlled hazardous substances permit issued in
accordance with this title. Ch. 65 2023 LAWS OF MARYLAND
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(3) (i) “Eligible property” includes a site under active enforcement if:
1. All applications filed in connection with the property are
filed by inculpable persons; and
2. Any response action plan and cleanup criteria approved by
the Department under this subtitle is at least as protective of public health and the
environment as the requirements of any outstanding active enforcement action.
(ii) “Eligible property” includes sites listed on the Superfund
Enterprise Management System or the Comprehensive Environmen tal Response,
Compensation, and Liability Information System.
(h) “Federal act” has the meaning stated in § 7–201(j) of this title.
(j) (1) “Inculpable person” means a person who:
(i) Has no prior or current ownership interest in an eligible property
at the time of application to participate in the Voluntary Cleanup Program; and
(ii) Has not caused or contributed to contamination at the eligible
property at the time of application to participate in the Voluntary Cleanup Program.
(2) “Inculpable person” includes:
(i) A successor in interest in an eligible property acquired from an
inculpable person, as defined in paragraph (1) of this subsection, if the successor in interest
does not have a prior ownership interest in the eligible property and, other than by virtue
of ownership of the eligible property, is not otherwise a responsible person at the eligible
property; and
(ii) Notwithstanding paragraph (1)(i) of this subsection, a person
who is not considered a responsible person under § 7–201(t)(2) of this title.
(k) “Participant” means an applicant accepted into the Voluntary Cleanup
Program.
(n) “Responsible person” has the meaning stated in § 7–201(t) of this title.
7–506.
(e) (1) (i) The Department shall notify the applicant in writing, within [45]
60 days after receipt of the application, whether:
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1. The application, including the applicant’s status as a
responsible person or an inculpable person, is approved;
2. The application is denied or incomplete; or
3. The Department has no further requirements related to
the investigation of controlled hazardous substances at the eligible property as provided in
paragraph (3) of this subsection.
(ii) If the Department denies the application or determines that the
application is incomplete, the Department shall provide to the applicant the reasons for its
decision in writing.
(i) (1) If a determination by the Department that it has no further
requirements is conditioned on certain uses of the property or on the maintenance of certain
conditions, the participant shall record the determination PROVIDE WRITTEN EVID ENCE
TO THE DEPARTMENT THAT THE D ETERMINATION WAS PRE SENTED FOR
RECORDATION in the land records of the local jurisdiction within [30] 60 days after
receiving the determination.
7–513.
(a) (1) Upon completion of the requirements of the response action plan, the
participant shall notify the Department in writing that the response action plan has been
completed.
(2) Within [30] 60 days after receipt of the notice of completion under
paragraph (1) of this subsection:
(i) The Department shall review the implementation and
completion of the response action plan at the eligible property; and
(ii) If the Department determines that the requirements of the
response action plan have been completed to the satisfaction of the Department and the
response action plan has achieved the cleanup criteria, the Department shall issue a
certificate of completion.
7–514.
(d) (1) If a certificate of completion is conditioned on the permissible use of the
property, the participant shall record the certificate of completion PROVIDE WRITTEN
EVIDENCE TO THE DEPARTMENT THAT THE C ERTIFICATE OF COMPLE TION WAS
PRESENTED FOR RECORD ATION in the land records of the local jurisdiction within [30]
60 days after receiving the certificate.
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(2) If the certificate of completion has a conditioned use and the participant
fails to record the certificate of completion in the land records in accordance with paragraph
(1) of this subsection, the certificate of completion shall be void.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2023.
Approved by the Governor, April 11, 2023.