(a) Except as provided under subsection (b) of this section, a subdivision may not be held liable for any damages to any party that have arisen from the selection or certification of any site or facility under this subtitle or from the regulation, operation, or control of any site or facility certified under this subtitle.
(b) The provisions of subsection (a) of this section shall not apply to any liability imposed on a subdivision:
(1) For any damage if the subdivision, itself, operated the facility; or
(2) For any damage that resulted from the failure of the political subdivision: (i) to carry out properly any responsibility assigned to it under the law for conducting inspections; or (ii) to report in a timely manner to the appropriate authorities the results of any inspection that it conducts.
Structure Maryland Statutes
Title 7 - Hazardous Materials and Hazardous Substances
Subtitle 4 - Hazardous Waste Facility Siting Program
Section 7-402 - Purpose of Subtitle; Location of Facilities Subject to Certain Considerations
Section 7-403 - Hazardous Waste Facilities Siting Board
Section 7-404 - Rules and Regulations
Section 7-405 - Certificates of Public Necessity -- in General
Section 7-406 - Certificates of Public Necessity -- Application; Issuance
Section 7-407 - Application of Other Requirements
Section 7-408 - Failure to Commence Construction or Operation
Section 7-409 - Unit of Department of the Environment; Powers of Board; Informational Services
Section 7-410 - Inventory of Potential Sites; Filings Required by Service
Section 7-411 - Duties of Service as to Inventoried Sites